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7 U.S.C. § 1637b — Mandatory reporting for dairy products
Federal law — U.S. Code and appendices · legal_authorities
**(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 exe
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Source location: Title 7, Chapter 38, § 1637b; chapter-038-distribution-and-marketing-of-agricultural-products.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
(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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
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Federal law — U.S. Code and appendices · legal_authorities
Page 940
TITLE 7—AGRICULTURE
§ 1636i
and to avoid potentially conflicting State laws
that could impede the goals, purposes, or objec-
tives of this chapter, no State or political sub-
division of a State may impose a requirement
that is in addition to, or inconsistent with, any
requirement of this subchapter with respect to
the submission or reporting of information, or
the publication of such information, on the
prices and quantities of livestock or livestock
products.
(Aug. 14, 1946, ch. 966, title II, § 259, as added Pub.
L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat.
1205.)
§ 1636i. Termination of authority
The authority provided by this subchapter ter-
minates on September 30, 2024.
(Aug. 14, 1946, ch. 966, title II, § 260, as added Pub.
L. 109–296, § 1(a), Oct. 5, 2006, 120 Stat. 1464;
amended Pub. L. 111–239, § 2(a)(1), Sept. 27, 2010,
124 Stat. 2501; Pub. L. 114–54, title I, § 101(a),
Sept. 30, 2015, 129 Stat. 513; Pub. L. 117–103, div.
O, title III, § 301(a), Mar. 15, 2022, 136 Stat. 788;
Pub. L. 117–328, div. A, title VII, § 776(a), Dec. 29,
2022, 136 Stat. 4509; Pub. L. 118–42, div. B, title
VII, § 793(a), Mar. 9, 2024, 138 Stat. 120.)
Editorial Notes
AMENDMENTS
2024—Pub. L. 118–42 substituted ‘‘2024’’ for ‘‘2023’’.
2022—Pub. L. 117–328 substituted ‘‘2023’’ for ‘‘2022’’.
Pub. L. 117–103 substituted ‘‘2022’’ for ‘‘2020’’.
2015—Pub. L. 114–54 substituted ‘‘September 30, 2020’’
for ‘‘September 30, 2015’’.
2010—Pub. L. 111–239 substituted ‘‘September 30, 2015’’
for ‘‘September 30, 2010’’.
Statutory Notes and Related Subsidiaries
MANDATORY LIVESTOCK REPORTING EXTENSION
Pub. L. 118–83, div. A, §§ 106(3), 120, Sept. 26, 2024, 138
Stat. 1526, 1528, as amended by Pub. L. 118–158, div. A,
§ 101(1), Dec. 21, 2024, 138 Stat. 172
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1637b
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