7 U.S.C. § 608d — Books and records

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 categorized as trade secrets and commercial or financial infor- mation 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 em- ployees of the Department of Agriculture and only such information so furnished or acquired as the Secretary deems relevant shall be dis- closed by them, and then only in a suit or ad- ministrative hearing brought at the direction, or upon the request, of the Secretary of Agri- culture, or to which he or any officer of the United States is a party, and involving the mar- keting agreement or order with reference to which the information so to be disclosed was furnished or acquired. Notwithstanding the pre- ceding 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 infor- mation pertains. The Secretary shall notify the Committee on Agriculture, Nutrition, and For- estry of the Senate and the Committee on Agri- culture of the House of Representatives not later than 10 legislative days before the con- templated release under law, of the names and addresses of producers participating in such marketing agreements and orders, and shall in- clude in such notice a statement of reasons re- lied upon by the Secretary in making the deter- mination to release such names and addresses. Nothing in this section shall be deemed to pro- hibit (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 state- ment of the particular provisions of the mar- keting agreement or order violated by such per- son. 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 Agri- culture may require persons engaged in the handling or importation of cranberries or cranberry products (including producer-han- dlers, second handlers, processors, brokers, and importers) to provide such information as the Secretary considers necessary to effec- tuate the declared policy of this chapter, in- cluding information on acquisitions, inven- tories, and dispositions of cranberries and cranberry products. (B) DELEGATION TO COMMITTEE.—The Sec- retary may delegate the authority to carry out subparagraph (A) to any committee that is responsible for administering an order cov- ering cranberries. (C) CONFIDENTIALITY.—Paragraph (2) shall apply to information provided under this para- graph. (D) VIOLATIONS.—Any person who violates this paragraph shall be subject to the pen- alties provided under section 608c(14) of this title. (May 12, 1933, ch. 25, title I, § 8d, as added Aug. 24, 1935, ch. 641, § 6, 49 Stat. 761; amended June 3, 1937, ch. 296, § 1, 50 Stat. 246; Pub. L. 99–198, title XVI, § 1663, Dec. 23, 1985, 99 Stat. 1631; Pub. L. 106–78, title VII, § 757(b), Oct. 22, 1999, 113 Stat. 1171.) Editorial Notes 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 pro- visions appearing in text. AMENDMENTS 1999—Subsec. (3). Pub. L. 106–78 added subsec. (3). 1985—Subsec. (2). Pub. L. 99–198, § 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, § 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 Sec- retary notify the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agri- culture of the House of Representatives not later than 10 legislative days before the contemplated release under law, of the names and addresses of producers par- ticipating in such marketing agreements and orders, Page 476 TITLE 7—AGRICULTURE § 608e 1 So in original. Probably should be ‘‘of’’. and include in such notice a statement of reasons relied upon by the Secretary in making the determination to release such names and addresses. Statutory Notes and Related Subsidiaries RELEASE OF INFORMATION Pub. L. 103–111, title VII, § 715, Oct. 21, 1993, 107 Stat. 1079, provided that: ‘‘Hereafter, none of the funds avail- able 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 informa- tion to other Federal agencies for enforcement pur- poses: Provided further, That this provision shall not prohibit the release of aggregate statistical data used in formulating regulations pursuant to the Agricul- tural Marketing Agreement Act of 1937, as amended: Provided further, That this provision shall not prohibit the release of information submitted by milk han- dlers.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–341, title VII, § 721, Aug. 14, 1992, 106 Stat. 908. Pub. L. 102–142, title VII, § 728, Oct. 28, 1991, 105 Stat. 914. Pub. L. 101–506, title VI, § 630, Nov. 5, 1990, 104 Stat. 1349. Pub. L. 101–161, title VI, § 630, Nov. 21, 1989, 103 Stat. 985. Pub. L. 100–460, title VI, § 630, Oct. 1, 1988, 102 Stat. 2262. VALIDITY OF SECTION AFFIRMED Act June 3, 1937, affirmed and validated, and reen- acted without change the provisions of this section. See note set out under section 601 of this title. § 608e. Repealed. July 3, 1948, ch. 827, title III, § 302(d), 62 Stat. 1258 Section, act May 12, 1933, ch. 25, title I, § 8e, as added Aug. 24, 1935, ch. 641, § 6, 49 Stat. 762; amended June 3, 1937, ch. 296, § 1, 50 Stat. 246, related to determination of base period. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1950, see section 303 of act July 3, 1948 set out as an Effective Date of 1948 Amend- ment note under section 1301 of this title. § 608e–1. Import prohibitions on specified foreign produce (a) Import prohibitions on tomatoes, avocados, limes, etc. Subject to the provisions of subsections (c) and (d) and notwithstanding any other provision of law, whenever a marketing order issued by the Secretary of Agriculture pursuant to section 608c of this title contains any terms or condi- tions regulating the grade, size, quality, or ma- turity of tomatoes, raisins, olives (other than Spanish-style green olives), prunes, avocados, mangoes, limes, grapefruit, green peppers, Irish potatoes, cucumbers, oranges, onions, walnuts, cherries, pecans, dates, filberts, table grapes, eggplants, kiwifruit, nectarines, clementines, plums, pistachios, apples, or caneberries (includ- ing raspberries, blackberries, and loganberries) produced in the United States the importation into the United States of any such commodity, other than dates for processing, during the pe- riod of time such order is in effect shall be pro- hibited unless it complies with the grade, size, quality, and maturity provisions of such order or comparable restrictions promulgated here- under: Provided, That this prohibition shall not apply to such commodities when shipped into continental United States from the Common- wealth of Puerto Rico or any Territory or pos- session of the United States where this chapter has force and effect: Provided further, That when- ever two or more such marketing orders regu- lating the same agricultural commodity pro- duced in different areas of the United States are concurrently in effect, the importation into the United States of any such commodity, other than dates for processing, shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of the order which, as determined by the Secretary of Agriculture, reg- ulates the commodity produced in the area with which the imported commodity is in most direct competition. Such prohibition shall not become effective until after the giving of such notice as the Secretary of Agriculture determines reason- able, which shall not be less than three days. In determining the amount of notice that is rea- sonable in the case of tomatoes the Secretary of Agriculture shall give due consideration to the time required for their transportation and entry into the United States after picking. Whenever the Secretary of Agriculture finds that the ap- plication of the restrictions under a marketing order to an imported commodity is not prac- ticable because of variations in characteristics between the domestic and imported commodity he shall establish with respect to the imported commodity, other than dates for processing, such grade, size, quality, and maturity restric- tions by varieties, types, or other classifications as he finds will be equivalent or comparable to those imposed upon the domestic commodity under such order. The Secretary of Agriculture may promulgate such rules and regulations as he deems necessary, to carry out the provisions of this section. Any person who violates any pro- vision if 1 this section or of any rule, regulation, or order promulgated hereunder shall be subject to a forfeiture in the amount prescribed in sec- tion 608a(5) of this title or, upon conviction, a penalty in the amount prescribed in section 608c(14) of this title, or to both such forfeiture and penalty. (b) Extension of time for marketing order; fac- tors; review (1) The Secretary may provide for a period of time (not to exceed 35 days) in addition to the period of time covered by a marketing order during which the marketing order requirements would be in effect for a particular commodity during any year if the Secretary determines that such additional period of time is nec- essary— (A) to effectuate the purposes of this chap- ter; and (B) to prevent the circumvention of the grade, size, quality, or maturity standards of a seasonal marketing order applicable to a com-