Title 7 — Agriculture
Chapter 100 — Agricultural Market Transition
§ 7216. Violations of contract
Statutory text
Termination of contract for violation
Except as provided in subsection (b), if an owner or producer subject to a contract violates a requirement of the contract specified in section 7211(a) of this title, the Secretary shall terminate the contract with respect to the owner or producer on each farm in which the owner or producer has an interest. On the termination, the owner or producer shall forfeit all rights to receive future contract payments on each farm in which the owner or producer has an interest and shall refund to the Secretary all contract payments received by the owner or producer during the period of the violation, together with interest on the contract payments as determined by the Secretary.
Refund or adjustment
If the Secretary determines that a violation does not warrant termination of the contract under subsection (a), the Secretary may require the owner or producer subject to the contract—
to refund to the Secretary that part of the contract payments received by the owner or producer during the period of the violation, together with interest on the contract payments as determined by the Secretary; or
to accept a reduction in the amount of future contract payments that is proportionate to the severity of the violation, as determined by the Secretary.
Foreclosure
Effect of foreclosure
An owner or producer subject to a contract may not be required to make repayments to the Secretary of amounts received under the contract if the contract acreage has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate to provide fair and equitable treatment.
Resumption of operation
This subsection shall not void the responsibilities of the owner or producer under the contract if the owner or producer continues or resumes operation, or control, of the contract acreage. On the resumption of operation or control over the contract acreage by the owner or producer, the provisions of the contract in effect on the date of the foreclosure shall apply.
Review
A determination of the Secretary under this section shall be considered to be an adverse decision for purposes of the availability of administrative review of the determination.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Agricultural Market Transition Act
Pub. L. 104–127 title I § 116 · 110 Stat. 888
Enacted · 7 U.S.C. § 7216
(Pub. L. 104–127, title I, § 116, Apr. 4, 1996, 110 Stat. 903.)
Source evidence
Code source credit
(Pub. L. 104–127, title I, § 116, Apr. 4, 1996, 110 Stat. 903.)Enacted provision · exact public law section
SEC. 116. VIOLATIONS OF CONTRACT. (a) Termination of Contract For Violation.— Except as provided in subsection (b), if an owner or producer subject to a contract violates a requirement of the contract specified in section 111(a), the Secretary shall terminate the contract with respect to the owner or producer on each farm in which the owner or producer has an interest. On the termination, the owner or producer shall forfeit all rights to receive future contract payments on each farm in which the owner or producer has an interest and shall refund to the Secretary all contract payments received by the owner or producer during the period of the violation, together with interest on the contract payments as determined by the Secretary. (b) Refund or Adjustment.— If the Secretary determines that a violation does not warrant termination of the contract under subsection (a), the Secretary may require the owner or producer subject to the contract— (1) to refund to the Secretary that part of the contract payments received by the owner or producer during the period of the violation, together with interest on the contract payments as determined by the Secretary; or (2) to accept a reduction in the amount of future contract payments that is proportionate to the severity of the violation, as determined by the Secretary. (c) Foreclosure.— (1) Effect of foreclosure.— An owner or producer subject to a contract may not be required to make repayments to the Secretary of amounts received under the contract if the contract acreage has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate to provide fair and equitable treatment. (2) Resumption of operation.— This subsection shall not void the responsibilities of the owner or producer under the contract if the owner or producer continues or resumes operation, or control, of the contract acreage. On the resumption of operation or control over the contract acreage by the owner or producer, the provisions of the contract in effect on the date of the foreclosure shall apply. (d) Review.— A determination of the Secretary under this section shall be considered to be an adverse decision for purposes of the availability of administrative review of the determination.
1 of 1 references resolved to an enrolled provision