§4810 — Title 7 Agriculture | U.S. Code

Summary

If the Board recommends it and the Secretary agrees, an order can require people who buy pigs for business or who import pigs to keep the books and records the order asks for and to file reports when, how, and with the content the order sets. The order can also include other rules that fit the law and are needed to carry out the order. Those records and reports must be given to the Secretary and the Board when needed to run or enforce the program. Department of Agriculture staff and Board members must keep the information private, except it can be used in a court case or official hearing about the order if the Secretary thinks it is relevant. The Secretary may also publish general summaries or statistics that do not identify anyone, and may name a person who broke an order and say which rule they broke. Anyone who willfully breaks the record, reporting, or privacy rules can be fined up to $1,000, jailed up to 1 year, or both. A Department or Board employee who does this can also be removed from office.

Title 7, §4810

Agriculture — Source: USLM XML via OLRC

(a)On the recommendation of the Board, and with the approval of the Secretary, an order may contain one or more of the following provisions:

(1)Each person purchasing a porcine animal from a producer for commercial use, and each importer, shall—

(A)maintain and make available for inspection such books and records as may be required by the order; and

(B)file reports at the time, in the manner, and having the content prescribed by the order,

(2)A term or condition—

(A)incidental to, and not inconsistent with, the terms and conditions specified in this chapter; and

(B)necessary to effectuate the other provisions of such order.

(b)(1)Information referred to in subsection (a)(1) shall be made available to the Secretary and the Board as is appropriate or necessary for the effectuation, administration, or enforcement of this chapter or an order.

(2)(A)Except as provided in subparagraphs (B) and (C), information obtained under subsection (a)(1) shall be kept confidential by officers or employees of the Department of Agriculture or the Board.

(B)Such information may be disclosed only—

(i)in a suit or administrative hearing involving the order with respect to which the information was furnished or acquired—

(I)brought at the direction or on the request of the Secretary; or

(II)to which the Secretary or an officer of the United States is a party; and

(ii)if the Secretary considers such information to be relevant to such suit or hearing.

(C)Nothing in this section prohibits—

(i)the issuance of a general statement based on the reports of a number of persons subject to an order, or statistical data collected therefrom, if such statement or data does not identify the information furnished by any person; or

(ii)the publication, by direction of the Secretary, of the name of a person violating an order, together with a statement of the particular provisions of the order violated by such person.

(c)A person who willfully violates subsection (a)(1) or (b) shall, on conviction, be—

(1)subject to a fine of not more than $1,000 or imprisoned for not more than 1 year, or both; and

(2)if such person is an employee of the Department of Agriculture or the Board, removed from office.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

§4810 Permissive Provisions

Summary

Title 7, §4810

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata