§ 2619. — Assessments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2619]
TITLE 7--AGRICULTURE
CHAPTER 58--POTATO RESEARCH AND PROMOTION
Sec. 2619. Assessments
(a) Collection and payment; recordkeeping; limitation
(1) Each handler designated by the board, pursuant to regulations
issued under the plan, to make payment of assessments shall be
responsible for payment to the board, as it may direct, of any
assessment levied on potatoes; and such handler may collect from any
producer or deduct from the proceeds paid to any producer, on whose
potatoes such assessment is made, any such assessment required to be
paid by such handler. Such handler shall maintain a separate record with
respect to each producer for whom potatoes were handled, and such
records shall indicate the total quantity of potatoes handled by him
including those handled for producers and for himself, shall indicate
the total quantity of potatoes handled by him which are included under
the terms of a plan as well as those which are exempt under such plan,
and shall indicate such other information as may be prescribed by the
board. To facilitate the collection and payment of such assessments, the
board may designate different handlers or classes of handlers to
recognize differences in marketing practices or procedures utilized in
any State or area. No more than one such assessment shall be made on any
potatoes.
(2) When importers are subject to a plan, each importer designated
by the board, pursuant to regulations issued under the plan, to make
payment of assessments shall be responsible for payment to the board, as
it may direct, of any assessment levied on potatoes. The assessment on
imported tablestock, frozen, or processed potatoes for ultimate
consumption by humans, and seed potatoes shall be established by the
board so that the effective assessment shall equal that on domestic
production and shall be paid by the importer to the board at the time of
entry into the United States. Each such importer shall maintain a
separate record including the total quantity of tablestock, frozen,
processed potatoes for ultimate consumption by humans, and seed potatoes
imported into the United States that are included under the terms of the
plan as well as those that are exempt under such plan, and shall
indicate such other information as may be prescribed by the board. No
more than one assessment shall be made on any imported potatoes.
(b) Records and reports; availability
Handlers and importers responsible for payment of assessments under
subsection (a) of this section shall maintain and make available for
inspection by the Secretary such books and records as required by the
plan and file reports at the times, in the manner, and having the
content prescribed by the plan, to the end that information and data
shall be made available to the board and to the Secretary which is
appropriate or necessary to the effectuation, administration, or
enforcement of this chapter or of any plan or regulation issued pursuant
to this chapter.
(c) Confidential information; disclosure during proceedings; prohibition
inapplicable to general statements and publication of
violations; penalties; removal from office
All information obtained pursuant to subsections (a) and (b) of this
section shall be kept confidential by all officers and employees of the
Department of Agriculture and of the board, and only such information so
furnished or acquired as the Secretary deems relevant shall be disclosed
by them, and then only in a suit or administrative hearing brought at
the direction, or upon the request, of the Secretary, or to which he or
any officer of the United States is a party, and involving the plan with
reference to which the information to be disclosed was furnished or
acquired. Nothing in this section shall be deemed to prohibit--
(1) the issuance of general statements based upon the reports of
a number of handlers or importers subject to a plan if such
statements do not identify the information furnished by any person,
or
(2) the publication by direction of the Secretary of the name of
any person violating any plan together with a statement of the
particular provisions of the plan violated by such person.
Any such officer or employee violating the provisions of this subsection
shall upon conviction be subject to a fine of not more than $1,000 or
imprisonment for not more than one year, or both, and shall be removed
from office.
(Pub. L. 91-670, title III, Sec. 310, Jan. 11, 1971, 84 Stat. 2044; Pub.
L. 101-624, title XIX, Sec. 1942, Nov. 28, 1990, 104 Stat. 3867; Pub. L.
102-237, title VIII, Sec. 804, Dec. 13, 1991, 105 Stat. 1882.)
Amendments
1991--Subsec. (a)(2). Pub. L. 102-237 substituted ``(2) When'' for
``(2) when''.
1990--Subsec. (a). Pub. L. 101-624, Sec. 1942(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 101-624, Sec. 1942(2), inserted ``and
importers'' after ``Handlers''.
Subsec. (c)(1). Pub. L. 101-624, Sec. 1942(3), inserted ``or
importers'' after ``handlers''.
Section Referred to in Other Sections
This section is referred to in section 2623 of this title.
