7 U.S.C. § 1373 — Reports and records

Page 677 TITLE 7—AGRICULTURE § 1373 1 See References in Text note below. 1 So in original. The word ‘‘and’’ probably should not appear. 2 So in original. The word ‘‘and’’ probably should appear. harvest in the calendar year 1964 or any subsequent year and the marketing years beginning in the calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87–703, set out as a note under section 1301 of this title. SAVINGS PROVISION Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any pro- vision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. INAPPLICABILITY TO 1991 THROUGH 1995 CROPS OF PEANUTS Pub. L. 101–624, title VIII, § 801(5), Nov. 28, 1990, 104 Stat. 3459, provided that this section is inapplicable to 1991 through 1995 crops of peanuts. INAPPLICABILITY TO 1986 THROUGH 1990 CROPS OF PEANUTS Pub. L. 99–198, title VII, § 701(5), Dec. 23, 1985, 99 Stat. 1430, provided that this section is inapplicable to 1986 through 1990 crops of peanuts. INAPPLICABILITY TO 1982 THROUGH 1985 CROPS OF PEANUTS Pub. L. 97–98, title VII, § 701(5), Dec. 22, 1981, 95 Stat. 1248, provided that this section is inapplicable to 1982 through 1985 crops of peanuts. § 1372. Payment, collection, and refund of pen- alties (a) The penalty with respect to the marketing, by sale, of wheat, cotton, or rice, if the sale is to any person within the United States, shall be collected by the buyer. (b) All penalties provided for in part B of this subchapter shall be collected and paid in such manner, at such times, and under such condi- tions as the Secretary may by regulations pre- scribe. Such penalties shall be remitted to the Secretary by the person liable for the penalty, except that if any other person is liable for the collection of the penalty, such other person shall remit the penalty. Except as provided in section 1314h 1 of this title, the amount of such penalties shall be covered into the general fund of the Treasury of the United States. (c) Whenever, pursuant to a claim filed with the Secretary within two years after payment to him of any penalty collected from any person pursuant to this chapter, the Secretary finds that such penalty was erroneously, illegally, or wrongfully collected and the claimant bore the burden of the payment of such penalty, the Sec- retary shall certify to the Secretary of the Treasury for payment to the claimant, in ac- cordance with regulations prescribed by the Sec- retary of the Treasury, such amount as the Sec- retary finds the claimant is entitled to receive as a refund of such penalty. Notwithstanding any other provision of law, the Secretary is authorized to prescribe by regu- lations for the identification of farms and it shall be sufficient to schedule receipts into spe- cial deposit accounts or to schedule such re- ceipts for transfer therefrom, or directly, into the separate fund provided for in subsection (b) by means of such identification without ref- erence to the names of the producers on such farms. The Secretary is authorized to prescribe regu- lations governing the filing of such claims and the determination of such refunds. (d) No penalty shall be collected under this chapter with respect to the marketing of any agricultural commodity grown for experimental purposes only by any publicly owned agricul- tural experiment station. Effective with the 1978 crops, no penalty shall be collected under this chapter with respect to the marketing of any agricultural commodity grown on State prison farms for consumption within such State prison system. (Feb. 16, 1938, ch. 30, title III, § 372, 52 Stat. 65; Apr. 7, 1938, ch. 107, § 11, 52 Stat. 204; July 2, 1940, ch. 521, § 6, 54 Stat. 728; Pub. L. 96–113, Nov. 16, 1979, 93 Stat. 850; Pub. L. 99–272, title I, § 1106(b), Apr. 7, 1986, 100 Stat. 91.) Editorial Notes REFERENCES IN TEXT Section 1314h of this title, referred to in subsec. (b), was repealed by Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522. AMENDMENTS 1986—Subsec. (b). Pub. L. 99–272 substituted ‘‘Except as provided in section 1314h of this title, the’’ for ‘‘The’’. 1979—Subsec. (d). Pub. L. 96–113 inserted provisions respecting exemption from marketing quota penalties for State prison farms. 1940—Subsec. (c). Act July 2, 1940, substituted ‘‘within two years’’ for ‘‘within one year’’ and inserted ‘‘and the claimant bore the burden of the payment of such pen- alty’’ after ‘‘wrongfully collected’’ in first par. and in- serted second par. authorizing regulations for farm identification, etc. 1938—Subsecs. (c), (d). Act Apr. 7, 1938, added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–272, title I, § 1106(b), Apr. 7, 1986, 100 Stat. 91, provided that the amendment made by that section is effective for the 1986 and subsequent crops of to- bacco. RULEMAKING PROCEDURES Secretary of Agriculture to implement amendments by Pub. L. 99–272 without regard to provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of Title 5, Govern- ment Organization and Employees, or in any other di- rective of the Secretary, see section 1108(c) of Pub. L. 99–272, set out as a note under section 1301 of this title. § 1373. Reports and records (a) Persons reporting This subsection shall apply to warehousemen, processors, and common carriers of corn, wheat, cotton, or rice, and 1 all ginners of cotton,2 all persons engaged in the business of purchasing corn, wheat, cotton, or rice from producers. Any such person shall, from time to time on request of the Secretary, report to the Secretary such information and keep such records as the Sec- retary finds to be necessary to enable him to Page 678 TITLE 7—AGRICULTURE § 1373 carry out the provisions of this subchapter. Such information shall be reported and such records shall be kept in accordance with forms which the Secretary shall prescribe. For the purpose of ascertaining the correctness of any report made or record kept, or of obtaining in- formation required to be furnished in any re- port, but not so furnished, the Secretary is au- thorized to examine such books, papers, records, accounts, correspondence, contracts, documents, and memoranda as he has reason to believe are relevant and are within the control of such per- son. Any such person failing to make any report or keep any record as required by this sub- section or making any false report or record shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500. (b) Proof of acreage yield Farmers engaged in the production of corn, wheat, cotton, or rice for market shall furnish such proof of their acreage, yield, storage, and marketing of the commodity in the form of records, marketing cards, reports, storage under seal, or otherwise as the Secretary may pre- scribe as necessary for the administration of this subchapter. (c) Data as confidential All data reported to or acquired by the Sec- retary pursuant to this section shall be kept confidential by all officers and employees of the Department, and only such data so reported or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing under this subchapter. Nothing in this section shall be deemed to pro- hibit the issuance of general statements based upon the reports of a number of parties which statements do not identify the information fur- nished by any person. (Feb. 16, 1938, ch. 30, title III, § 373, 52 Stat. 65; June 13, 1940, ch. 360, § 6, 54 Stat. 394; Apr. 3, 1941, ch. 39, §§ 6, 7, 55 Stat. 92; Pub. L. 86–507, § 1(6), June 11, 1960, 74 Stat. 200; Pub. L. 95–113, title VIII, § 805, Sept. 29, 1977, 91 Stat. 947; Pub. L. 97–98, title VII, § 706, Dec. 22, 1981, 95 Stat. 1256; Pub. L. 97–218, title III, § 304, July 20, 1982, 96 Stat. 214; Pub. L. 99–198, title VII, § 706, Dec. 23, 1985, 99 Stat. 1441; Pub. L. 101–624, title VIII, § 807, Nov. 28, 1990, 104 Stat. 3478; Pub. L. 104–127, title I, § 171(a)(2), Apr. 4, 1996, 110 Stat. 937; Pub. L. 107–171, title I, § 1309(h)(3), May 13, 2002, 116 Stat. 182; Pub. L. 108–357, title VI, § 611(j), Oct. 22, 2004, 118 Stat. 1523.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–357, § 611(j)(2)(B), sub- stituted ‘‘$500.’’ for ‘‘$500; and any tobacco warehouse- man or dealer who fails to remedy such violation by making a complete and accurate report or keeping a complete and accurate record as required by this sub- section within fifteen days after notice to him of such violation shall be subject to an additional fine of $100 for each ten thousand pounds of tobacco, or fraction thereof, bought or sold by him after the date of such violation: Provided, That such fine shall not exceed $5,000; and notice of such violation shall be served upon the tobacco warehouseman or dealer by mailing the same to him by registered mail or by certified mail or by posting the same at any established place of busi- ness operated by him, or both.’’ Pub. L. 108–357, § 611(j)(2)(A), which directed that ‘‘all persons engaged in the business of redrying, prizing, or stemming tobacco for producers,’’ be struck out in first sentence, was executed by striking out ‘‘, and all per- sons engaged in the business of redrying, prizing, or stemming tobacco for producers’’ before period at end of first sentence, to reflect the probable intent of Con- gress. Pub. L. 108–357, § 611(j)(1), substituted ‘‘or rice’’ for ‘‘rice, or tobacco’’ in two places in first sentence. Subsec. (b). Pub. L. 108–357, § 611(j)(1), substituted ‘‘or rice’’ for ‘‘rice, or tobacco’’. 2002—Subsec. (a). Pub. L. 107–171, § 1309(h)(3)(A), in first sentence, struck out ‘‘peanuts,’’ after ‘‘rice,’’ in two places, inserted ‘‘and’’ after ‘‘from producers,’’ and substituted ‘‘for producers.’’ for ‘‘for producers, all pro- ducers engaged in the production of peanuts, all bro- kers and dealers in peanuts, all agents marketing pea- nuts for producers, or acquiring peanuts for buyers and dealers, and all peanut growers’ cooperative associa- tions, all persons engaged in the business of cleaning, shelling, crushing, and salting of peanuts and the man- ufacture of peanut products, and all persons owning or operating peanut-picking or peanut-threshing ma- chines.’’ Subsec. (b). Pub. L. 107–171, § 1309(h)(3)(B), struck out ‘‘peanuts,’’ after ‘‘rice,’’. 1996—Subsec. (a). Pub. L. 104–127 temporarily inserted ‘‘all producers engaged in the production of peanuts,’’ before ‘‘all brokers and dealers in peanuts’’. See Effec- tive and Termination Dates of 1996 Amendment note below. 1990—Subsec. (a). Pub. L. 101–624 temporarily inserted ‘‘all producers engaged in the production of peanuts,’’ before ‘‘all brokers and dealers in peanuts’’. See Effec- tive and Termination Dates of 1990 Amendment note below. 1985—Subsec. (a). Pub. L. 99–198 temporarily inserted ‘‘all producers engaged in the production of peanuts,’’ before ‘‘all brokers and dealers in peanuts’’. See Effec- tive and Termination Dates of 1985 Amendment note below. 1982—Subsec. (c). Pub. L. 97–218 inserted provision that nothing in this section shall be deemed to prohibit the issuance of general statements based upon the re- ports of a number of parties which statements do not identify the information furnished by any person. 1981—Subsec. (a). Pub. L. 97–98 temporarily inserted ‘‘all farmers engaged in the production of peanuts,’’ be- fore ‘‘all brokers and dealers in peanuts’’. See Effective and Termination Dates of 1981 Amendment note below. 1977—Subsec. (a). Pub. L. 95–113 temporarily inserted ‘‘all farmers engaged in the production of peanuts,’’ be- fore ‘‘and brokers and dealers in peanuts’’. See Effec- tive and Termination Dates of 1977 Amendment note below. 1960—Subsec. (a). Pub. L. 86–507 inserted ‘‘or by cer- tified mail’’ after ‘‘registered mail’’. 1941—Subsec. (a). Act Apr. 3, 1941, § 6, among other changes, inserted ‘‘peanuts’’ after ‘‘rice’’ wherever ap- pearing and inserted ‘‘all brokers and dealers in pea- nuts, all agents marketing peanuts for producers, or ac- quiring peanuts for buyers and dealers, and all peanut growers’ cooperative associations, all persons engaged in the business of cleaning, shelling, crushing, and salt- ing of peanuts and the manufacture of peanut products, and all persons owning or operating peanut-picking or peanut-threshing machines’’. Subsec. (b). Act Apr. 3, 1941, § 7, inserted ‘‘peanuts,’’ after ‘‘rice,’’. 1940—Subsec. (a). Act June 13, 1940, inserted all after ‘‘$500;’’ in last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. Page 679 TITLE 7—AGRICULTURE § 1374 L. 108–357, set out as an Effective Date note under sec- tion 518 of this title. EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENT Pub. L. 104–127, title I, § 171(a)(2), Apr. 4, 1996, 110 Stat. 937, provided that the amendment made by section 171(a)(2) is effective only for the 1996 through 2002 crops of peanuts. EFFECTIVE AND TERMINATION DATES OF 1990 AMENDMENT Pub. L. 101–624, title VIII, § 807, Nov. 28, 1990, 104 Stat. 3478, provided that the amendment made by section 807 is effective only for the 1991 through 1995 crops of pea- nuts. EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title VII, § 706, Dec. 23, 1985, 99 Stat. 1441, provided that the amendment made by section 706 is effective only for the 1986 through 1990 crops of pea- nuts. EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT Pub. L. 97–98, title VII, § 706, Dec. 22, 1981, 95 Stat. 1256, provided that the amendment made by section 706 is effective for the 1982 through 1985 crop of peanuts. EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT Pub. L. 95–113, title VIII, § 805, Sept. 29, 1977, 91 Stat. 947, provided that the amendment made by section 805 is effective for the 1978 through 1981 crops of peanuts. SAVINGS PROVISION Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any pro- vision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. § 1374. Measurement of farms and report of plantings; remeasurement (a) The Secretary shall provide for ascertaining, by measurement or otherwise, the acreage of any agricultural commodity or land use on farms for which the ascertainment of such acreage is necessary to determine compli- ance under any program administered by the Secretary. Insofar as practicable, the acreage of the commodity and land use shall be ascertained prior to harvest, and, if any acreage so ascertained is not in compliance with the re- quirements of the program the Secretary, under such terms and conditions as he prescribes, may provide a reasonable time for the adjustment of the acreage of the commodity or land use to the requirements of the program. Where cotton is planted in skiprow patterns, the same rules that were in effect for the 1971 through 1973 crops for classifying the acreage planted to cotton and the area skipped shall also apply to the 1974 through 1995 crops, except that, for the 1991 through 1995 crops, the rules shall allow 30 inch rows (or, at the option of those cotton producers who had an established practice of using 32 inch rows before the 1991 crop, 32 inch rows) to be taken into account for classifying the acreage planted to cotton and the area skipped. For the 1992 through 1995 crops, the rules establishing the requirements for eligibility for conserving use for payment acres shall be the same rules as were in effect for 1991 crops. (b) With respect to cotton, the Secretary, upon such terms and conditions as he may by regula- tion prescribe, shall provide, through the county and local committees for the measurement prior to planting of an acreage on the farm equal to the farm acreage allotment if so requested by the farm operator, and any farm on which the acreage planted to cotton does not exceed such measured acreage shall be deemed to be in com- pliance with the farm acreage allotment. (c) The Secretary shall by appropriate regula- tions provide for the remeasurement upon re- quest by the farm operator of the acreage plant- ed to such commodity on the farm and for the measurement of the acreage planted to such commodity on the farm remaining after any ad- justment of excess acreage hereunder and shall prescribe the conditions under which the farm operator shall be required to pay the county committee for the expense of the measurement of adjusted acreage or the expense of remeasure- ment after the initial measurement or the meas- urement of adjusted acreage. The regulations shall also provide for the refund of any deposit or payment made for the expense of the re- measurement of the initially determined acre- age or the adjusted acreage when because of an error in the determination of such acreage the remeasurement brings the acreage within the al- lotment or permitted acreage or results in a change in acreage in excess of a reasonable vari- ation normal to measurements of acreage of the commodity. Unless the requirements for meas- urement of adjusted acreage are met by the farm operator, the acreage prior to such adjust- ment as determined by the county committee shall be considered the acreage of the com- modity on the farm in determining whether the applicable farm allotment has been exceeded. (Feb. 16, 1938, ch. 30, title III, § 374, 52 Stat. 65; Apr. 3, 1941, ch. 39, § 8, 55 Stat. 92; Aug. 29, 1949, ch. 518, § 2(b), 63 Stat. 676; Aug. 28, 1954, ch. 1041, title III, § 311(b), 68 Stat. 904; Pub. L. 86–553, §§ 1, 2, June 30, 1960, 74 Stat. 258; Pub. L. 89–321, title VII, §§ 701, 702, Nov. 3, 1965, 79 Stat. 1210; Pub. L. 91–524, title VI, § 612, Nov. 30, 1970, as added Pub. L. 93–86, § 1(25), Aug. 10, 1973, 87 Stat. 236; Pub. L. 95–113, title VI, § 605, Sept. 29, 1977, 91 Stat. 940; Pub. L. 97–98, title V, § 505, Dec. 22, 1981, 95 Stat. 1241; Pub. L. 99–198, title V, § 505, Dec. 23, 1985, 99 Stat. 1418; Pub. L. 101–624, title V, § 504, Nov. 28, 1990, 104 Stat. 3440; Pub. L. 102–237, title I, § 116(2), Dec. 13, 1991, 105 Stat. 1840.) Editorial Notes AMENDMENTS 1991—Subsec. (a). Pub. L. 102–237 inserted ‘‘(or, at the option of those cotton producers who had an estab- lished practice of using 32 inch rows before the 1991 crop, 32 inch rows)’’ after ‘‘30 inch rows’’ and inserted at end ‘‘For the 1992 through 1995 crops, the rules estab- lishing the requirements for eligibility for conserving use for payment acres shall be the same rules as were in effect for 1991 crops.’’ 1990—Subsec. (a). Pub. L. 101–624 substituted ‘‘1995 crops, except that, for the 1991 through 1995 crops, the rules shall allow 30 inch rows to be taken into account for classifying the acreage planted to cotton and the area skipped’’ for ‘‘1990 crops’’. 1985—Subsec. (a). Pub. L. 99–198 substituted ‘‘1990 crops’’ for ‘‘1985 crops’’.