§ 4534. — Required terms of order; agreements under order; records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4534]
TITLE 7--AGRICULTURE
CHAPTER 76--DAIRY RESEARCH AND PROMOTION
SUBCHAPTER II--DAIRY RESEARCH PROGRAM
Sec. 4534. Required terms of order; agreements under order;
records
(a) Required terms
The dairy products research order issued under section 4533(b) of
this title shall--
(1) provide for the establishment and administration, by the
Institute, of appropriate scientific research activities designed to
facilitate the expansion of markets for dairy products marketed in
the United States;
(2) specify the powers of the board, including the powers to--
(A) receive and evaluate, or on its own initiative develop
and budget for, research plans or projects designed to--
(i) increase the knowledge of human nutritional needs
and the relationship of milk and dairy products to these
needs;
(ii) improve dairy processing technologies, particularly
those appropriate to small- and medium-sized family farms;
(iii) develop new dairy products; and
(iv) appraise the effect of such research on the
marketing of dairy products;
(B) make recommendations to the Secretary regarding such
plans and projects;
(C) administer the order in accordance with its terms and
provisions;
(D) make rules and regulations to effectuate the terms and
provisions of the order;
(E) receive, investigate, and report to the Secretary
complaints of violations of the order;
(F) recommend to the Secretary amendments to the order;
(G) enter into agreements, with the approval of the
Secretary, for the conduct of activities authorized under the
order and for payment of the cost of such activities with any
monies in the Fund other than monies appropriated or transferred
by the Secretary to the Fund;
(H) with the approval of the Secretary, establish advisory
committees composed of individuals other than members of the
board, and pay the necessary and reasonable expenses and fees of
the members of such committees; and
(I) with the approval of the Secretary, appoint or employ
such persons, other than members of the board, as the board
deems necessary and define the duties and determine the
compensation of each;
(3) specify the duties of the board, including the duties to--
(A) develop, and submit to the Secretary for approval before
implementation, any research plan or project to be carried out
under this subchapter;
(B) submit to the Secretary for approval, budgets, on a
fiscal year basis, of the board's anticipated expenses and
disbursements in the administration of the order, including
projected costs of carrying out dairy products research plans
and projects;
(C) prepare and make public, at least annually, a report of
the board's activities and an accounting for funds received and
expended by the board;
(D) maintain such books and records (which shall be
available to the Secretary for inspection and audit) as the
Secretary may prescribe;
(E) prepare and submit to the Secretary, from time to time,
such reports as the Secretary may prescribe; and
(F) account for the receipt and disbursement of all funds
entrusted to the board;
(4) prohibit any monies received under this subchapter by the
board to be used in any manner for the purpose of influencing
governmental policy or actions, except as provided in paragraph
(2)(F); and
(5) require that each person receiving milk from producers for
commercial use and any person marketing milk of that person's own
production directly to consumers maintain and make available for
inspection by the Secretary such books and records as may be
required by the order and file with the Secretary reports at the
time, in the manner, and having the content prescribed by the order.
(b) Agreements under order
Any agreement made under subsection (a)(2)(G) of this section shall
provide that--
(1) the person with whom such agreement is made shall develop
and submit to the board a research plan or project together with a
budget that shows estimated costs to be incurred to carry out such
plan or project;
(2) such plan or project shall become effective on the approval
of the Secretary; and
(3) such person shall keep accurate records of all of its
transactions, account for funds received and expended, make periodic
reports to the board of activities conducted to carry out such plan
or project, and submit such other reports as the Secretary or the
board may require.
(c) Confidentiality of records; disclosure exceptions; penalty for
violation
(1) Information, books, and records made available to, and reports
filed with, the Secretary under subsection (a)(6) of this section shall
be kept confidential by all officers and employees of the Department,
except that such information, books, records, and reports as the
Secretary deems relevant may be disclosed by such officers and employees
in any suit or administrative proceeding that is brought at the request
of the Secretary or to which the Secretary or any officer of the United
States is a party, and that involves the order issued under section
4533(b) of this title.
(2) Paragraph (1) shall not be construed to prohibit--
(A) the issuance of general statements, based on such
information, books, records, and reports, of the number of persons
subject to the order or of statistical data collected from such
persons if such statements do not specifically identify the data
furnished by any one of such persons; or
(B) the publication, at the direction of the Secretary, of the
name of any person violating the order, together with a statement of
the particular provisions of the order violated by the person.
(3) No information obtained under the authority of this section may
be made available to any agency, officer, or employee of the United
States for any purpose other than the implementation of this subchapter
and any investigatory or enforcement action necessary to implement this
subchapter. Any person who violates this paragraph shall be subject to a
fine of not more than $1,000, or to imprisonment for not more than one
year, or both, and, if such person is employed by the board or the
Department, shall be terminated from such employment.
(Pub. L. 98-180, title I, Sec. 133, as added Pub. L. 99-198, title I,
Sec. 121, Dec. 23, 1985, 99 Stat. 1369.)
Section Referred to in Other Sections
This section is referred to in section 4531 of this title.
