7 U.S.C. § 1637b — Mandatory reporting for dairy products

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. 1723, extended the termi- nation date for authority provided by this subchapter from September 30, 2024, to Mar. 14, 2025. Pub. L. 116–260, div. O, title IV, § 401, Dec. 27, 2020, 134 Stat. 2149, extended the termination date for authority provided by this subchapter from September 30, 2020, to September 30, 2021. SUBCHAPTER III—DAIRY PRODUCT MANDATORY REPORTING § 1637. Purpose The purpose of this subchapter is to establish a program of information regarding the mar- keting of dairy products that— (1) provides information that can be readily understood by producers and other market participants, including information with re- spect to prices, quantities sold, and inven- tories of dairy products; (2) improves the price and supply reporting services of the Department of Agriculture; and (3) encourages competition in the market- place for dairy products. (Aug. 14, 1946, ch. 966, title II, § 271, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2541.) § 1637a. Definitions In this subchapter: (1) Dairy products The term ‘‘dairy products’’ means— (A) manufactured dairy products that are used by the Secretary to establish minimum prices for Class III and Class IV milk under a Federal milk marketing order issued under section 608c of this title; and (B) substantially identical products des- ignated by the Secretary. (2) Manufacturer The term ‘‘manufacturer’’ means any person engaged in the business of buying milk in commerce for the purpose of manufacturing dairy products. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (Aug. 14, 1946, ch. 966, title II, § 272, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2541; amend- ed Pub. L. 107–171, title I, § 1504, May 13, 2002, 116 Stat. 207.) Editorial Notes AMENDMENTS 2002—Par. (1). Pub. L. 107–171 inserted hyphen after ‘‘means’’, designated remainder of existing provisions as subpar. (A), substituted ‘‘; and’’ for period at end, and added subpar. (B). § 1637b. Mandatory reporting for dairy products (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 deci- sions; 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 con- cerning the price, quantity, and moisture content of dairy products sold by the manu- facturer; 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 deter- mined 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 para- graph (1)(A)(i) is required only with respect to those package sizes actually used to es- Page 941 TITLE 7—AGRICULTURE § 1637b tablish minimum prices for Class III or Class IV milk under a Federal milk marketing order; (B) the information referred to in para- graph (1)(A)(i) is required only to the extent that the information is actually used to es- tablish 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 Fed- eral milk marketing order; and (D) the Secretary may exempt from all re- porting 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 regula- tions as are necessary to ensure compliance with, and otherwise carry out, this sub- chapter. (2) Confidentiality (A) In general Except as otherwise directed by the Sec- retary or the Attorney General for enforce- ment purposes, no officer, employee, or agent of the United States shall make avail- able 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 confiden- tiality 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 accord- ance 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 in- formation 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 pro- vide, or delay the timely reporting of, accu- rate information to the Secretary in accord- ance with this subchapter. (B) Order After providing notice and an opportunity for a hearing to affected persons, the Sec- retary may issue an order against any per- son to cease and desist from continuing any violation of this subchapter. (C) Appeal (i) In general The order of the Secretary under sub- paragraph (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 sub- stantial 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 appro- priate United States district court for en- forcement 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 vio- lated 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, as- sessment, reimbursement fee, or any other fee under this subchapter for— (A) the submission or reporting of infor- mation; (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 Sec- retary, on request, original contracts, agree- ments, 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 Page 942 TITLE 7—AGRICULTURE § 1638 1 So in original. The word ‘‘and’’ probably should not appear. 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. (Aug. 14, 1946, ch. 966, title II, § 273, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2542; amend- ed Pub. L. 110–234, title I, § 1510, May 22, 2008, 122 Stat. 999; Pub. L. 110–246, § 4(a), title I, § 1510, June 18, 2008, 122 Stat. 1664, 1728; Pub. L. 111–239, § 3(a), Sept. 27, 2010, 124 Stat. 2502.) Editorial Notes 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 fre- quency of the reports required under this section. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are nec- essary 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 amend- ment, text read as follows: ‘‘The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or re- ported under this subchapter.’’ Subsecs. (d), (e). Pub. L. 110–246, § 1510(a), added sub- sec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. IMPLEMENTATION OF ELECTRONIC REPORTING SYSTEM Pub. L. 111–239, § 3(b), Sept. 27, 2010, 124 Stat. 2502, pro- vided that: ‘‘Not later than one year after the date of enactment of this Act [Sept. 27, 2010], the Secretary of Agriculture shall implement the electronic reporting system required by subsection (d) of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b), as amended by subsection (a). Until the electronic report- ing system is implemented, the Secretary shall con- tinue to conduct mandatory dairy product information reporting under the authority of such section, as in ef- fect on the day before the date of enactment of this Act.’’ SUBCHAPTER IV—COUNTRY OF ORIGIN LABELING § 1638. Definitions In this subchapter: (1) Covered commodity (A) In general The term ‘‘covered commodity’’ means— (i) muscle cuts of lamb and venison; (ii) ground lamb and ground venison; (iii) farm-raised fish; (iv) wild fish; (v) a perishable agricultural commodity; (vi) peanuts; and 1 (vii) meat produced from goats; (viii) chicken, in whole and in part; (ix) ginseng; (x) pecans; and (xi) macadamia nuts. (B) Exclusions The term ‘‘covered commodity’’ does not include an item described in subparagraph (A) if the item is an ingredient in a proc- essed food item. (2) Farm-raised fish The term ‘‘farm-raised fish’’ includes— (A) farm-raised shellfish; and (B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish. (3) Food service establishment The term ‘‘food service establishment’’ means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enter- prise engaged in the business of selling food to the public. (4) Lamb The term ‘‘lamb’’ means meat, other than mutton, produced from sheep. (5) Perishable agricultural commodity; retailer The terms ‘‘perishable agricultural com- modity’’ and ‘‘retailer’’ have the meanings given the terms in section 499a(b) of this title. (6) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Agricul- tural Marketing Service. (7) Wild fish (A) In general The term ‘‘wild fish’’ means naturally- born or hatchery-raised fish and shellfish harvested in the wild. (B) Inclusions The term ‘‘wild fish’’ includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish. (C) Exclusions The term ‘‘wild fish’’ excludes net-pen aquacultural or other farm-raised fish. (Aug. 14, 1946, ch. 966, title II, § 281, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 533; amended Pub. L. 110–234, title XI, § 11002(1), May 22, 2008, 112 Stat. 1351; Pub. L. 110–246, § 4(a), title XI, § 11002(1), June 18, 2008, 122 Stat. 1664, 2113; Pub. L. 113–79, title XII, § 12104(b)(1), Feb. 7, 2014, 128 Stat. 979; Pub. L. 114–113, div. A, title VII, § 759(a), Dec. 18, 2015, 129 Stat. 2284.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub.