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7 U.S.C. § 608d — Books and records
Federal law — U.S. Code and appendices · legal_authorities
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section607&num=0&edition=prelim), 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 exe
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Stable record: federal_law:legal_authorities:record_usc_34a7a597c60f2fa16f1eb3f6
Source file: Laws/federal/codes/united-states-code/title-7/section-608d-books-and-records--4a5612bddf.md
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Source location: Title 7, Chapter 26, § 608d; chapter-026-agricultural-adjustment.md
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(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section607&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/4&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c/14&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
This Act may be cited as the “Agricultural Marketing Agreement Act of 1937”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 674
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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Federal law — U.S. Code and appendices · legal_authorities
It is declared that the disruption of the orderly exchange of commodities in interstate commerce impairs the purchasing power of farmers and destroys the value of agricultural assets which support the national credit structure and that these conditions affect transactions in agricultural commodities with a national public interest, and burden and obstruct the normal channels of interstate commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 601
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall sell cotton held or acquired by him pursuant to authority of this chapter at his discretion subject only to the conditions and limitations of this chapter: Provided, That the Secretary shall have authority to enter into option contracts with producers of cotton to sell to or for the producers such cotton held and/or acquired by him in such amounts and at such prices and upon such terms and conditions as he, the Secretary, may deem advisable, and such option contracts may be transferred or assigned in such manner as the Secretary of Agriculture may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 607
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Issuance by Secretary** — The Secretary of Agriculture shall, subject to the provisions of this section, issue, and from time to time amend, orders applicable to processors, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof specified in subsection (2) of this section. Such persons are referred to in this chapter as “handlers”. Such orders shall regulate, in the manner hereinafter in this section provided, only such handling of such agricultural commodity, or product thereof, as is in the current of interstate or foreign commerce, or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations.
(2) **Commodities to which applicable** — Orders issued pursuant to this section shall be applicable only to (A) the following agricultural commodities and the products thereof (except canned or frozen pea
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 608c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Pilot program required** Not later than 90 days after November 29, 1999, the Secretary of Agriculture shall establish a temporary pilot program under which milk producers and cooperatives are authorized to voluntarily enter into forward price contracts with milk handlers.
**(b) Minimum milk price requirements** Payments made by milk handlers to milk producers and cooperatives, and prices received by milk producers and cooperatives, under the forward contracts shall be deemed to satisfy—
(1) all regulated minimum milk price requirements of paragraphs (B) and (F) of subsection (5) of [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim); and
(2) the requirement of paragraph (C) of such subsection regarding total payments by each handler.
**(c) Milk covered by pilot program**
(1) **Covered milk** — The pilot program shall apply only with respect to the marketing of federally regulated milk that—
(A) is not classified as Class I milk or otherwise intended for fluid use; and
(B) is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk.
(2) **Relation to Class I milk** — To assist milk handlers in complying with the limitation in paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allocate milk receipts from producers, cooperatives, and other sources that are not subject to a forward contract to satisfy the handler’s obligations with regard to Class I milk usage.
**(d) Duration** The authority of the Secretary of Agriculture to carry out the pilot program shall terminate on December 31, 2004. No forward pric
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 627
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Federal law — U.S. Code and appendices · legal_authorities
Subject to the policy declared in [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section851&num=0&edition=prelim), the provisions of subsections (6) to (9) of section 608a and of subsections (14) and (15) of [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim), are made applicable in connection with orders issued pursuant to [section 854 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section854&num=0&edition=prelim), and the provisions of [section 608d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608d&num=0&edition=prelim) are made applicable in connection with marketing agreements entered into pursuant to [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section852&num=0&edition=prelim) and orders issued pursuant to [section 854 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section854&num=0&edition=prelim). The provisions of subsections (a), (b)(2), (c), (f), (h), and (i) of [section 610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section610&num=0&edition=prelim), are made applicable in connection with the administration of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 855
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Federal law — U.S. Code and appendices · legal_authorities
Page 475
TITLE 7—AGRICULTURE
§ 608d
tion was not a part of the Agricultural Adjustment Act
of 1933.
§ 608d. Books and records
(1) All parties to any marketing agreement,
and all handlers subject to an order, shall sever-
ally, 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 ascer-
tain 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 nec-
essary 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 pur-
pose of ascertaining the correctness of any re-
port made to the Secretary pursuant to this sub-
section, or for the purpose of obtaining the in-
formation 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 re-
ports, accounts, correspondence, contracts, doc-
uments, 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 in-
directly, 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 pursu-
ant to this section, as well as information for
marketing order programs that is c
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 608d
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