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

(a) To carry out this chapter's policy, after proper notice and an opportunity for a hearing, the Secretary may enter marketing agreements with processors, producers, producer associations, and others handling an agricultural commodity or its product, but only for handling in interstate or foreign commerce or that directly burdens, obstructs, or affects such commerce. Making an agreement is not a violation of United States antitrust laws, and the agreement is lawful. However, it may not remain in force after this chapter ends. (b)(1) If a peanut agreement with the Secretary is in effect, (A) all peanuts handled by people who did not sign it must be inspected to the same extent and in the same way the agreement requires; (B) those peanuts may not be sold or otherwise disposed of for human consumption if they fail the agreement's quality requirements; and (C) every assessment under the agreement, except one indemnifying losses on rejected peanuts, (i) applies also to peanut handlers, as the Secretary defines that term, who did not sign the agreement, and (ii) must be paid to the Secretary. (2) A person who did not sign the agreement and violates this subsection must be assessed a penalty equal to 140 percent of the support price for quota peanuts multiplied by the quantity sold or disposed of in violation of (b)(1)(B), as determined under section 1445c-3 for the marketing year of the crop involved.