Sec. 1435. Remitting funds to the Secretary and use of funds
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As soon as practicable after the end of each month during which payment reductions are in effect under the stabilization program, each handler shall remit to the Secretary an amount equal to the amount by which payments to participating dairy operations are reduced by the handler under section 1434. All funds received under subsection
(a)shall be available to the Secretary, without further appropriation and until expended, for use or transfer as provided in subsection (c). Not later than 90 days after the funds described in subsection
(a)are due as determined by the Secretary, the Secretary shall obligate the funds for the purpose of— purchasing dairy products for donation to food banks and other programs that the Secretary determines appropriate; and expanding consumption and building demand for dairy products. The Secretary shall ensure that expenditures under paragraph
(1)are compatible with, and do not duplicate, programs supported by the dairy research and promotion activities conducted under the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4501 et seq. ). The Secretary shall keep an accurate account of all funds expended under paragraph (1). Not later than December 31 of each year that the stabilization program is in effect, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that provides an accurate accounting of— the funds received by the Secretary during the preceding fiscal year under subsection (a); all expenditures made by the Secretary under subsection
(b)during the preceding fiscal year; and the impact of the stabilization program on dairy markets. If a participating dairy operation or handler fails to remit or collect the amounts by which payments to participating dairy operations are reduced under section 1434, the participating dairy operation or handler responsible for the failure shall be liable to the Secretary for the amount that should have been remitted or collected, plus interest. In addition to the enforcement authorities available under section 1437, the Secretary may enforce this subsection in the courts of the United States.
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Sec. 1435
Remitting funds to the Secretary and use of funds
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