§ 1637b. — Mandatory reporting for dairy products.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1637b]
TITLE 7--AGRICULTURE
CHAPTER 38--DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
SUBCHAPTER III--DAIRY PRODUCT MANDATORY REPORTING
Sec. 1637b. Mandatory reporting for dairy products
(a) Establishment
The Secretary shall establish a program of mandatory dairy product
information reporting that will--
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the dairy product manufacturing
industry.
(b) Requirements
(1) In general
In establishing the program, the Secretary shall only--
(A)(i) subject to the conditions described in paragraph (2),
require each manufacturer to report to the Secretary information
concerning the price, quantity, and moisture content of dairy
products sold by the manufacturer; and
(ii) modify the format used to provide the information on
the day before November 22, 2000, to ensure that the information
can be readily understood by market participants; and
(B) require each manufacturer and other person storing dairy
products to report to the Secretary, at a periodic interval
determined by the Secretary, information on the quantity of
dairy products stored.
(2) Conditions
The conditions referred to in paragraph (1)(A)(i) are that--
(A) the information referred to in paragraph (1)(A)(i) is
required only with respect to those package sizes actually used
to establish minimum prices for Class III or Class IV milk under
a Federal milk marketing order;
(B) the information referred to in paragraph (1)(A)(i) is
required only to the extent that the information is actually
used to establish minimum prices for Class III or Class IV milk
under a Federal milk marketing order;
(C) the frequency of the required reporting under paragraph
(1)(A)(i) does not exceed the frequency used to establish
minimum prices for Class III or Class IV milk under a Federal
milk marketing order; and
(D) the Secretary may exempt from all reporting requirements
any manufacturer that processes and markets less than 1,000,000
pounds of dairy products per year.
(c) Administration
(1) In general
The Secretary shall promulgate such regulations as are necessary
to ensure compliance with, and otherwise carry out, this subchapter.
(2) Confidentiality
(A) In general
Except as otherwise directed by the Secretary or the
Attorney General for enforcement purposes, no officer, employee,
or agent of the United States shall make available to the public
information, statistics, or documents obtained from or submitted
by any person under this subchapter other than in a manner that
ensures that confidentiality is preserved regarding the identity
of persons, including parties to a contract, and proprietary
business information.
(B) Relation to other requirements
Notwithstanding any other provision of law, no facts or
information obtained under this subchapter shall be disclosed in
accordance with section 552 of title 5.
(3) Verification
The Secretary shall take such actions as the Secretary considers
necessary to verify the accuracy of the information submitted or
reported under this subchapter.
(4) Enforcement
(A) Unlawful act
It shall be unlawful and a violation of this subchapter for
any person subject to this subchapter to willfully fail or
refuse to provide, or delay the timely reporting of, accurate
information to the Secretary in accordance with this subchapter.
(B) Order
After providing notice and an opportunity for a hearing to
affected persons, the Secretary may issue an order against any
person to cease and desist from continuing any violation of this
subchapter.
(C) Appeal
(i) In general
The order of the Secretary under subparagraph (B) shall
be final and conclusive unless an affected person files an
appeal of the order of the Secretary in United States
district court not later than 30 days after the date of the
issuance of the order.
(ii) Findings
A finding of the Secretary under this paragraph shall be
set aside only if the finding is found to be unsupported by
substantial evidence.
(D) Noncompliance with order
(i) In general
If a person subject to this subchapter fails to obey an
order issued under this paragraph after the order has become
final and unappealable, or after the appropriate United
States district court has entered a final judgment in favor
of the Secretary, the United States may apply to the
appropriate United States district court for enforcement of
the order.
(ii) Enforcement
If the court determines that the order was lawfully made
and duly served and that the person violated the order, the
court shall enforce the order.
(iii) Civil penalty
If the court finds that the person violated the order,
the person shall be subject to a civil penalty of not more
than $10,000 for each offense.
(5) Fees
The Secretary shall not charge or assess a user fee, transaction
fee, service charge, assessment, reimbursement fee, or any other fee
under this subchapter for--
(A) the submission or reporting of information;
(B) the receipt or availability of, or access to, published
reports or information; or
(C) any other activity required under this subchapter.
(6) Recordkeeping
Each person required to report information to the Secretary
under this subchapter shall maintain, and make available to the
Secretary, on request, original contracts, agreements, receipts, and
other records associated with the sale or storage of any dairy
products during the 2-year period beginning on the date of the
creation of the records.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary
to carry out this section.
(Aug. 14, 1946, ch. 966, title II, Sec. 273, as added Pub. L. 106-532,
Sec. 2, Nov. 22, 2000, 114 Stat. 2542.)
