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United States Code (Last Updated: May 24, 2014) |
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Title 7. AGRICULTURE |
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Chapter 38. DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS |
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SubChapter III. DAIRY PRODUCT MANDATORY REPORTING |
§ 1637b. Mandatory reporting for dairy products
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(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 (A) In general The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported under this subchapter.
(B) Quarterly audits The Secretary shall quarterly conduct an audit of information submitted or reported under this subchapter and compare such information with other related dairy market statistics.
(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) Electronic reporting (1) Electronic reporting system required The Secretary shall establish an electronic reporting system to carry out this section.
(2) Publication Not later than 3:00 p.m. Eastern Time on the Wednesday of each week, the Secretary shall publish a report containing the information obtained under this section for the preceding week.
(e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments
2010—Subsec. (d). Pub. L. 111–239 amended subsec. (d) generally. Prior to amendment, text read as follows:
“(1) In general.—Subject to the availability of funds under paragraph (3), the Secretary shall establish an electronic reporting system to carry out this section.
“(2) Frequency of reports.—After the establishment of the electronic reporting system in accordance with paragraph (1), the Secretary shall increase the frequency of the reports required under this section.
“(3) Authorization of appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this subsection.”
2008—Subsec. (c)(3). Pub. L. 110–246, § 1510(b), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported under this subchapter.”
Subsecs. (d), (e). Pub. L. 110–246, § 1510(a), added subsec. (d) and redesignated former subsec. (d) as (e).
Effective Date Of Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Miscellaneous
Pub. L. 111–239, § 3(b),