7 U.S.C. § 608b : US Code - Section 608B: Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements

Search 7 U.S.C. § 608b : US Code - Section 608B: Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements

(a) In order to effectuate the declared policy of this chapter,
the Secretary of Agriculture shall have the power, after due notice
and opportunity for hearing, to enter into marketing agreements
with processors, producers, associations of producers, and others
engaged in the handling of any agricultural commodity or product
thereof, only with respect to such handling as is in the current of
interstate or foreign commerce or which directly burdens,
obstructs, or affects, interstate or foreign commerce in such
commodity or product thereof. The making of any such agreement
shall not be held to be in violation of any of the antitrust laws
of the United States, and any such agreement shall be deemed to be
lawful: Provided, That no such agreement shall remain in force
after the termination of this chapter.
(b)(1) If an agreement with the Secretary is in effect with
respect to peanuts pursuant to this section - 
(A) all peanuts handled by persons who have not entered into
such an agreement with the Secretary shall be subject to
inspection to the same extent and manner as is required by such
agreement;
(B) no such peanuts shall be sold or otherwise disposed of for
human consumption if such peanuts fail to meet the quality
requirements of such agreement; and
(C) any assessment (except with respect to any assessment for
the indemnification of losses on rejected peanuts) imposed under
the agreement shall - 
(i) apply to peanut handlers (as defined by the Secretary)
who have not entered into such an agreement with the Secretary
in addition to those handlers who have entered into the
agreement; and
(ii) be paid to the Secretary.
(2) Violation of this subsection by a person who has not entered
into such an agreement shall result in the assessment by the
Secretary of a penalty equal to 140 percent of the support price
for quota peanuts multiplied by the quantity of peanuts sold or
disposed of in violation of subsection (b)(1)(B) of this section,
as determined under section 1445c-3 (!1) of this title, for the
marketing year for the crop with respect to which such violation
occurs.