§ 4810. — Permissive provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4810]
TITLE 7--AGRICULTURE
CHAPTER 79--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 4810. Permissive provisions
(a) Recordkeeping and reporting requirements; incidental and necessary
terms and conditions
On the recommendation of the Board, and with the approval of the
Secretary, an order may contain one or more of the following provisions:
(1) Each person purchasing a porcine animal from a producer for
commercial use, and each importer, shall--
(A) maintain and make available for inspection such books
and records as may be required by the order; and
(B) file reports at the time, in the manner, and having the
content prescribed by the order,
including documentation of the State of origin of a purchased
porcine animal or the place of origin of an imported porcine animal,
pork, or pork product.
(2) A term or condition--
(A) incidental to, and not inconsistent with, the terms and
conditions specified in this chapter; and
(B) necessary to effectuate the other provisions of such
order.
(b) Availability of information to Secretary and Board; confidentiality;
disclosure; issuance of general statement, statistical data, or
name of violator of order
(1) Information referred to in subsection (a)(1) of this section
shall be made available to the Secretary and the Board as is appropriate
or necessary for the effectuation, administration, or enforcement of
this chapter or an order.
(2)(A) Except as provided in subparagraphs (B) and (C), information
obtained under subsection (a)(1) of this section shall be kept
confidential by officers or employees of the Department of Agriculture
or the Board.
(B) Such information may be disclosed only--
(i) in a suit or administrative hearing involving the order with
respect to which the information was furnished or acquired--
(I) brought at the direction or on the request of the
Secretary; or
(II) to which the Secretary or an officer of the United
States is a party; and
(ii) if the Secretary considers such information to be relevant
to such suit or hearing.
(C) Nothing in this section prohibits--
(i) the issuance of a general statement based on the reports of
a number of persons subject to an order, or statistical data
collected therefrom, if such statement or data does not identify the
information furnished by any person; or
(ii) the publication, by direction of the Secretary, of the name
of a person violating an order, together with a statement of the
particular provisions of the order violated by such person.
(c) Penalty for willful violations
A person who willfully violates subsection (a)(1) or (b) of this
section shall, on conviction, be--
(1) subject to a fine of not more than $1,000 or imprisoned for
not more than 1 year, or both; and
(2) if such person is an employee of the Department of
Agriculture or the Board, removed from office.
(Pub. L. 99-198, title XVI, Sec. 1621, Dec. 23, 1985, 99 Stat. 1617.)
Section Referred to in Other Sections
This section is referred to in section 4805 of this title.
