1、329 Office of the Secretary, USDA 5.1 7272(g)(5), has a maximum of $10,000 for each violation.(ii) Civil penalty for willful failure or refusal to furnish in-formation or willful furnishing of false data by a processor, refiner, or im-porter of sugar, syrup and molasses under section 156 of the Fede
2、ral Agri-culture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $10,000 for each vio-lation. (iii) Civil penalty for filing a false acreage report that exceeds tolerance under section 156 of the Federal Agri-culture Improvement and Reform Act of 1996, codified
3、at 7 U.S.C. 7272(g)(5), has a maximum of $10,000 for each vio-lation. (iv) Civil penalty for knowingly vio-lating any regulation of the Secretary of the Commodity Credit Corporation pertaining to flexible marketing allot-ments for sugar under section 359h(b) of the Agricultural Adjustment Act of 193
4、8, codified at 7 U.S.C. 1359hh(b), has a maximum of $5,500 for each violation. (v) Civil penalty for knowing viola-tion of regulations promulgated by the Secretary pertaining to cotton insect eradication under section 104(d) of the Agricultural Act of 1949, codified at 7 U.S.C. 1444a(d), has a maxim
5、um of $5,500 for each offense. (11) Office of the Secretary(i) Civil penalty for making, presenting, sub-mitting or causing to be made, pre-sented or submitted, a false, fictitious, or fraudulent claim as defined under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(1), h
6、as a maximum of $5,500. (ii) Civil penalty for making, pre-senting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent written state-ment as defined under the Program Fraud Civil Remedies Act of 1986, codi-fied at 31 U.S.C. 3802(a)(2), has a max-imum of $5,5
7、00. 70 FR 29575, May 24, 2005. Redesignated at 73 FR 4, Jan. 2, 2008, as amended at 75 FR 17556, Apr. 7, 2010 PART 4 RESERVED PART 5DETERMINATION OF PARITY PRICES Sec. 5.1 Parity index and index of prices received by farmers. 5.2 Marketing season average price data. 5.3 Selection of calendar year pr
8、ice data. 5.4 Commodities for which parity prices shall be calculated. 5.5 Publication of season average, calendar year, and parity price data. 5.6 Revision of the parity price of a com-modity. AUTHORITY: 7 U.S.C. 1301, 1375. EDITORIAL NOTE: Nomenclature changes to part 5 appear at 62 FR 8361, Feb.
9、25, 1997. 5.1 Parity index and index of prices received by farmers. (a) The parity index and related indi-ces for the purpose of calculating par-ity prices after May 1, 1976, according to the formula contained in section 301(a) of the Agricultural Adjustment Act of 1938, as amended by the Agricul-tu
10、ral Acts of 1948, 1949, 1954, and 1956 (hereinafter referred to as section 301(a) shall be the index of prices paid by farmers, interest, taxes, and farm wage rates, as revised May 1976 and published in the May 28, 1976, and sub-sequent issues of the monthly report, Agricultural Prices. The publicat
11、ion of these indices by the National Agri-cultural Statistics Service in the monthly report, Agricultural Prices, shall be continued. (b) The measure of the general level of prices received by farmers as pro-vided for in section 301(a)(1)(B)(ii) after January 1, 1959, shall be the index of prices re
12、ceived by farmers as revised January 1959 and published in the Jan-uary 30, 1959, and subsequent issues of Agricultural Prices. The simple av-erage of the 120 monthly indices in-cluded in the preceding 10 calendar years plus an adjustment to take ac-count of the effect on the index of any adjustment
13、 made on average prices of individual commodities as hereinafter specified shall be used in the calcula-tion of the adjusted base prices. Parity prices heretofore published for periods prior to January 1, 1959 shall not be re-vised. (c) The term milkfat as used in these regulations is synonymous wit
14、h the term butterfat, and when any statute VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-330 7 CFR Subtitl
15、e A (1112 Edition) 5.2 requires calculation of the parity price of butterfat, the parity price of milkfat shall be the parity price of butterfat. 24 FR 697, Jan. 31, 1959, as amended by Amdt. 6, 24 FR 9778, Dec. 5, 1959; Amdt. 29, 41 FR 22333, June 3, 1976 5.2 Marketing season average price data. It
16、 is hereby found that it is imprac-tical to use averages of prices received by farmers on a calendar year basis for the following agricultural commodities for the purpose of calculating adjusted base prices and, therefore, marketing season average prices will be used. An allowance for any supplement
17、al pay-ment resulting from price support op-erations shall be included in the deter-mination of the adjusted base prices. For cigar binder tobacco, types 5152, for each of the marketing seasons be-ginning in the years 1949 through 1958, 37.9 cents per pound shall be used in lieu of the average of pr
18、ices received by farmers for such tobacco during each such marketing season. BASIC COMMODITIES Extra long staple cotton; peanuts; rice, and the following types of tobacco: Flue-cured, types 1114; Virginia fire-cured, type 21; Ken-tucky-Tennessee fire-cured, types 2223; bur-ley, type 31; dark air-cur
19、ed, types 3536; sun- cured, type 37; Pennsylvania seedleaf, type 41; cigar filler and binder, types 4244 and 53 55; Puerto Rican filler, type 46 (price refers to year of harvest); and cigar binder, types 5152. DESIGNATED NONBASIC COMMODITIES Tung nuts; honey, wholesale extracted. WOOL AND MOHAIR Woo
20、l and mohair. OTHER NONBASIC COMMODITIES CITRUS FRUIT Grapefruit; lemons; limes; oranges; tan-gerines; and Temples. DECIDUOUS AND OTHER FRUIT Apples for processing; apricots for fresh consumption; apricots for processing (except dried); dried apricots; avocados; black-berries; boysenberries; goosebe
21、rries; logan-berries; black raspberries; red raspberries; youngberries; tart cherries; sweet cherries; cranberries; dates; grapes, raisins, dried; all grapes excluding raisins, dried; nectarines for fresh consumption, nectarines for proc-essing; olives for processing (except crushed for oil); olives
22、, crushed for oil; olives for can-ning; papayas (Hawaii), for fresh consump-tion; peaches for fresh consumption; clingstone peaches for processing (except dried); freestone peaches for processing (ex-cept dried); dried peaches; pears for fresh consumption; pears for processing (except dried); dried
23、pears; plums (California), for fresh consumption; plus (California), for processing; dried prunes (California); prunes and plums (excluding California), for proc-essing (except dried); strawberries for fresh consumption; and strawberries for proc-essing. SEED CROPS Alfalfa, bentgrass, crimson clover
24、, Chewings fescue, red fescue, tall fescue, Mar-ion Kentucky bluegrass, Ladino clover, les-pedeza, orchard grass, red clover, timothy, and hairy vetch. SUGAR CROPS Sugar beets and sugarcane for sugar. TREE NUTS Almonds; filberts; pecans, all; and walnuts. VEGETABLES FOR FRESH MARKET Artichokes, aspa
25、ragus, snap beans, broc-coli, cabbage, cantaloupe, carrots, cauli-flower, celery, sweet corn, cucumbers, egg-plant, escarole, garlic, honeydew melons, let-tuce, onions, green peppers, spinach, toma-toes, and watermelons. VEGETABLES FOR PROCESSING Asparagus, lima beans, snap beans, beets, cabbage, sw
26、eet corn, cucumbers, green peas, spinach, and tomatoes. OTHER COMMODITIES Beeswax; cottonseed; hops; peas; dry field; peppermint oil; popcorn; potatoes; spearmint oil; and tobacco, types 6162. All other com-modities for which monthly price data are not available. 21 FR 761, Feb. 3, 1956 EDITORIAL NO
27、TE: For FEDERAL REGISTER ci-tations affecting 5.2 see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. 5.3 Selection of calendar year price data. In computing the adjusted base price for those commodities for which cal-endar yea
28、r price data are used, * * * the average of the prices received by farmers for such commodity, at such VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or network
29、ing permitted without license from IHS-,-,-331 Office of the Secretary, USDA 5.4 1For the purpose of calculating parity prices the commodity peanuts shall exclude peanuts produced for oil in 1950 and 1951 under the provisions of subsections (g) and (h) of section 359 of the Agricultural Adjust-ment
30、Act of 1938 as amended. times as the Secretary may select dur-ing each year * * *, as used in section 301(a)(1)(B)(i), shall be the simple aver-age of the 12 monthly estimates of the prices received by farmers as published by the National Agricultural Statistics Service in Agricultural Prices for th
31、ose commodities for which such prices are available. An allowance for unredeemed loans and purchase agree-ment deliveries, any supplemental pay-ments resulting from price support op-erations, and the value of marketing certificates, such as those received by producers of wheat pursuant to the Ag-ric
32、ultural Adjustment Act of 1938, as amended, and others of generally simi-lar character and effect, shall be added to the price specified above. Prices re-ceived for milk wholesale, milkfat, beef cattle, sheep, and lambs shall include wartime subsidy payments as provided by section 301(a)(1)(B). For
33、Maryland Tobacco, type 32, the price data for each calendar year shall be the weight-ed average price of type 32 tobacco sold during the period January 1December 31. Amdt. 14, 29 FR 12451, Sept. 1, 1964 5.4 Commodities for which parity prices shall be calculated. Parity prices shall be calculated fo
34、r the following commodities: BASIC COMMODITIES Wheat; corn; American upland cotton; extra long staple cotton; rice; peanuts;1and the following types of tobacco: flue-cured, types 1114; Virginia fire-cured, type 21; Ken-tucky-Tennessee fire-cured, types 2223; bur-ley, type 31; Maryland, type 32; dark
35、 air- cured, types 3536; sun-cured, type 37; Penn-sylvania seedleaf, type 41; cigar filler and binder, types 4244 and 5355; Puerto Rican filler, type 46; and cigar binder, types 5152. DESIGNATED NONBASIC COMMODITIES Milk sold to plants; milkfat in cream; tung nuts; honey, wholesale extracted. WOOL A
36、ND MOHAIR Wool and mohair. OTHER NONBASIC COMMODITIES CITRUS FRUIT Grapefruit; lemons; limes; oranges; tan-gerines; and Temples. DECIDUOUS AND OTHER FRUIT Apples (primarily for fresh use); apples for processing; apricots for fresh consumption; apricots for processing (except dried); dried apricots;
37、avocados; blackberries; boysen-berries; gooseberries; loganberries; black raspberries; red raspberries; youngberries; tart cherries; sweet cherries; cranberries; dates; grapes, raisins, dried; all grapes, ex-cluding raisins, dried; nectarines for fresh consumption; nectarines for processing; ol-ives
38、 for processing (excluding crushed for oil); olives, crushed for oil; olives for can-ning; papayas (Hawaii), for fresh consump-tion; peaches for fresh consumption; clingstone peaches for processing (except dried); freestone peaches for processing (ex-cept dried); dried peaches; pears for fresh consu
39、mption; pears for processing (except dried); dried pears; plums (California), for fresh consumption; plums (California), for processing; dried prunes (California); prunes and plums (excluding California), for proc-essing (except dried); strawberries for fresh consumption; and strawberries for proc-e
40、ssing. SEED CROPS Alfalfa, bentgrass, crimson clover, Chewings fescue, red fescue, tall fescue, Mar-ion Kentucky bluegrass, Ladino clover, les-pedeza, orchard grass, red clover, timothy, and hairy vetch. SUGAR CROPS Sugar beets, and sugarcane for sugar. TREE NUTS Almonds; filberts; pecans, all; and
41、walnuts. VEGETABLES FOR FRESH MARKET Artichokes, asparagus, snap beans, broc-coli, cabbage, cantaloups, carrots, cauli-flower, celery, sweet corn, cucumbers, egg-plant, escarole, garlic, honeydew melons, let-tuce, onions, green peppers, spinach, toma-toes, and watermelons. VEGETABLES FOR PROCESSING
42、Asparagus, lima beans, snap beans, beets, cabbage, sweet corn, cucumbers, green peas, spinach and tomatoes. OTHER COMMODITIES Beef cattle; hogs; lambs; calves; sheep; tur-keys; eggs; beeswax; potatoes; hops; pepper-mint oil; popcorn; spearmint oil; tobacco, Types 61 and 62; barley; beans, dry edible
43、; cottonseed; peas, dry field; flaxseed; hay, all VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-332 7 CFR
44、Subtitle A (1112 Edition) 5.5 baled; oats; rye; sorghum grain; soybeans; sweetpotatoes; and crude pine gum. 21 FR 763, Feb. 3, 1956, as amended by Amdt. 1, 22 FR 693, Feb. 2, 1957; Amdt. 3, 23 FR 1565, Mar. 5, 1958; Amdt. 17, 31 FR 10767, Aug. 13, 1966; Amdt. 23, 34 FR 1132, Jan. 24, 1969; Amdt. 25,
45、 34 FR 15785, Oct. 14, 1969; Amdt. 26, 35 FR 3158, Feb. 19, 1970; Amdt. 27, 36 FR 15516, Aug. 17, 1971; 38 FR 10795, May 2, 1973 5.5 Publication of season average, calendar year, and parity price data. (a) New adjusted base prices for all of the commodities on a calendar year basis and for as many o
46、f the commod-ities on a marketing season average basis as are practicable shall be pub-lished on or about January 31 of each year. In cases where preliminary mar-keting season average price data are used in estimating the adjusted base prices published in January, any addi-tional price data which be
47、comes avail-able shall be used in estimating a re-vised adjusted base price which shall be published prior to the beginning of the marketing season for the commodity. (b) The official parity prices deter-mined under section 301(a)(1) and the regulations in this part and the indexes and relevant pric
48、e data shall be pub-lished in the monthly report Agricul-tural Prices issued by the National Agricultural Statistics Service. Parity prices for all commodities for which parity prices are computed shall be so published in the January and July issues each year. The parity prices pub-lished in other i
49、ssues may be restricted to those which the National Agricul-tural Statistics Service, after consulta-tion with the Agricultural Marketing Service, the Farm Service Agency, and any other interested government agen-cy, considers necessary or desirable. The parity prices determined in ac-cordance with this part shall be the parity prices used in other reports, de-terminations, or documents of the De-partment. 21 FR 763, Feb. 3,
