§13508 — Title 49 Transportation | U.S. Code

Summary

The Secretary or the Board can require farm cooperative associations and federations to make and keep records about any transportation they provide, in the format the Secretary or the Board sets. The Secretary, the Board, or an employee they choose, with proper ID, can inspect the association’s land, buildings, equipment, and look at or copy its records. The Secretary or the Board can also make these groups file reports answering questions about their transportation and can bring a civil lawsuit to enforce these rules. If a person or an officer, agent, or employee of the cooperative fails to file a report, fails to answer fully and truthfully, or does not keep records as required, a civil trial may be held where the cooperative’s main office is, where the violation happened, or where the person is found. Anyone who knowingly and willfully tries to evade these duties will be fined $200–$500 for a first offense and $250–$2,000 for later offenses. The law also describes willful actions that violate these duties, such as not reporting within 30 days, falsifying or destroying records, filing false reports, or making false entries.

Title 49, §13508

Transportation — Source: USLM XML via OLRC

(a)Notwithstanding section 13506(a)(5), any cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or a federation of cooperative associations shall prepare and maintain such records relating to transportation provided by such association or federation, in such form as the Secretary or the Board may require by regulation to carry out the provisions of such section 13506(a)(5). The Secretary or the Board, or an employee designated by the Secretary or the Board, may on demand and display of proper credentials—

(1)inspect and examine the lands, buildings, and equipment of such association or federation; and

(2)inspect and copy any record of such association or federation.

(b)Notwithstanding section 13506(a)(5), the Secretary or the Board may require a cooperative association or federation of cooperative associations described in subsection (a) of this section to file reports with the Secretary or the Board containing answers to questions about transportation provided by such association or federation.

(c)The Secretary or the Board may bring a civil action to enforce subsections (a) and (b) of this section or a regulation or order of the Secretary or the Board issued under this section, when violated by a cooperative association or federation of cooperative associations described in subsection (a).

(d)(1)A person required to make a report to the Secretary or the Board, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that—

(A)does not make the report;

(B)does not specifically, completely, and truthfully answer the question; or

(C)does not maintain the record in the form and manner prescribed under this section;

(2)Trial in a civil action under paragraph (1) shall be in the judicial district in which—

(A)the cooperative association or federation of cooperative associations has its principal office;

(B)the violation occurred; or

(C)the offender is found.

(e)A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.

(f)A person required to make a report, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that—

(1)willfully does not make that report;

(2)willfully does not specifically, completely, and truthfully answer that question in 30 days from the date that the question is required to be answered;

(3)willfully does not maintain that record in the form and manner prescribed;

(4)knowingly and willfully falsifies, destroys, mutilates, or changes that report or record;

(5)knowingly and willfully files a false report or record under this section;

(6)knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction; or

(7)knowingly and willfully maintains a record in violation of a regulation or order issued under this section;

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10529 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§13508 Limited Authority Over Cooperative Associations