§ 608d. — Books and 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: 7USC608d]
TITLE 7--AGRICULTURE
CHAPTER 26--AGRICULTURAL ADJUSTMENT
SUBCHAPTER III--COMMODITY BENEFITS
Sec. 608d. Books and records
(1) All parties to any marketing agreement, and all handlers subject
to an order, shall severally, from time to time, upon the request of the
Secretary, furnish him with such information as he finds to be necessary
to enable him to ascertain and determine the extent to which such
agreement or order has been carried out or has effectuated the declared
policy of this chapter and with such information as he finds to be
necessary to determine whether or not there has been any abuse of the
privilege of exemptions from the antitrust laws. Such information shall
be furnished in accordance with forms of reports to be prescribed by the
Secretary. For the purpose of ascertaining the correctness of any report
made to the Secretary pursuant to this subsection, or for the purpose of
obtaining the information required in any such report, where it has been
requested and has not been furnished, the Secretary is authorized to
examine such books, papers, records, copies of income-tax reports,
accounts, correspondence, contracts, documents, or memoranda, as he
deems relevant and which are within the control (1) of any such party to
such marketing agreement, or any such handler, from whom such report was
requested or (2) of any person having, either directly or indirectly,
actual or legal control of or over such party or such handler or (3) of
any subsidiary of any such party, handler, or person.
(2) Notwithstanding the provisions of section 607 of this title, all
information furnished to or acquired by the Secretary of Agriculture
pursuant to this section, as well as information for marketing order
programs that is categorized as trade secrets and commercial or
financial information exempt under section 552(b)(4) of title 5 from
disclosure under section 552 of such title, shall be kept confidential
by all officers and employees of the Department of Agriculture 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 of Agriculture, or to which he or any officer of the
United States is a party, and involving the marketing agreement or order
with reference to which the information so to be disclosed was furnished
or acquired. Notwithstanding the preceding sentence, any such
information relating to a marketing agreement or order applicable to
milk may be released upon the authorization of any regulated milk
handler to whom such information pertains. The Secretary shall notify
the Committee on Agriculture, Nutrition, and Forestry of the Senate and
the Committee on Agriculture of the House of Representatives not later
than 10 legislative days before the contemplated release under law, of
the names and addresses of producers participating in such marketing
agreements and orders, and shall include in such notice a statement of
reasons relied upon by the Secretary in making the determination to
release such names and addresses. Nothing in this section shall be
deemed to prohibit (A) the issuance of general statements based upon the
reports of a number of parties to a marketing agreement or of handlers
subject to an order, which statements do not identify the information
furnished by any person, or (B) the publication by direction of the
Secretary, of the name of any person violating any marketing agreement
or any order, together with a statement of the particular provisions of
the marketing agreement or order violated by such person. Any such
officer or employee violating the provisions of this section shall upon
conviction be subject to a fine of not more than $1,000 or to
imprisonment for not more than one year, or to both, and shall be
removed from office.
(3) Collection of cranberry inventory data.--
(A) In general.--If an order is in effect with respect to
cranberries, the Secretary of Agriculture may require persons
engaged in the handling or importation of cranberries or cranberry
products (including producer-handlers, second handlers, processors,
brokers, and importers) to provide such information as the Secretary
considers necessary to effectuate the declared policy of this
chapter, including information on acquisitions, inventories, and
dispositions of cranberries and cranberry products.
(B) Delegation to committee.--The Secretary may delegate the
authority to carry out subparagraph (A) to any committee that is
responsible for administering an order covering cranberries.
(C) Confidentiality.--Paragraph (2) shall apply to information
provided under this paragraph.
(D) Violations.--Any person who violates this paragraph shall be
subject to the penalties provided under section 608c(14) of this
title.
(May 12, 1933, ch. 25, title I, Sec. 8d, as added Aug. 24, 1935, ch.
641, Sec. 6, 49 Stat. 761; amended June 3, 1937, ch. 296, Sec. 1, 50
Stat. 246; Pub. L. 99-198, title XVI, Sec. 1663, Dec. 23, 1985, 99 Stat.
1631; Pub. L. 106-78, title VII, Sec. 757(b), Oct. 22, 1999, 113 Stat.
1171.)
References in Text
The antitrust laws, referred to in subsec. (1), are classified
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade.
Codification
Act Aug. 24, 1935, struck out provisions of section 8(4) of act May
12, 1933, formerly appearing in section 608(4) of this title and added a
new section 8d containing provisions appearing in text.
Amendments
1999--Subsec. (3). Pub. L. 106-78 added subsec. (3).
1985--Subsec. (2). Pub. L. 99-198, Sec. 1663(1), extended
confidentiality requirement to include information for marketing order
programs that is categorized as trade secrets and commercial or
financial information that is exempt from disclosure under section 552
of title 5.
Pub. L. 99-198, Sec. 1663(2), inserted provisions directing that
confidential information relating to a marketing agreement or order
applicable to milk may be released upon the authorization of any
regulated milk handler to whom such information pertains and that the
Secretary notify the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House of
Representatives not later than 10 legislative days before the
contemplated release under law, of the names and addresses of producers
participating in such marketing agreements and orders, and include in
such notice a statement of reasons relied upon by the Secretary in
making the determination to release such names and addresses.
Release of Information
Pub. L. 103-111, title VII, Sec. 715, Oct. 21, 1993, 107 Stat. 1079,
provided that: ``Hereafter, none of the funds available to the
Department of Agriculture may be expended to release information
acquired from any handler under the Agricultural Marketing Agreement Act
of 1937, as amended [see section 674 of this title]: Provided, That this
provision shall not prohibit the release of information to other Federal
agencies for enforcement purposes: Provided further, That this provision
shall not prohibit the release of aggregate statistical data used in
formulating regulations pursuant to the Agricultural Marketing Agreement
Act of 1937, as amended: Provided further, That this provision shall not
prohibit the release of information submitted by milk handlers.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-341, title VII, Sec. 721, Aug. 14, 1992, 106 Stat. 908.
Pub. L. 102-142, title VII, Sec. 728, Oct. 28, 1991, 105 Stat. 914.
Pub. L. 101-506, title VI, Sec. 630, Nov. 5, 1990, 104 Stat. 1349.
Pub. L. 101-161, title VI, Sec. 630, Nov. 21, 1989, 103 Stat. 985.
Pub. L. 100-460, title VI, Sec. 630, Oct. 1, 1988, 102 Stat. 2262.
Validity of Section Affirmed
Act June 3, 1937, affirmed and validated, and reenacted without
change the provisions of this section. See note set out under section
601 of this title.
Section Referred to in Other Sections
This section is referred to in sections 608c, 610, 627, 672, 673,
855, 1392 of this title.
