§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 Secretary finds to be necessary to enable him to 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 information required to be furnished in any report, but not so furnished, the Secretary is authorized 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 person. Any such person failing to make any report or keep any record as required by this subsection 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 prescribe as necessary for the administration of this subchapter.
(c) Data as confidential
All data reported to or acquired by the Secretary 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 prohibit the issuance of general statements based upon the reports of a number of parties which statements do not identify the information furnished 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), substituted "$500." for "$500; and any tobacco warehouseman 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 subsection 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 business 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 persons 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 Congress.
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 producers engaged in the production of peanuts, all brokers and dealers in peanuts, all agents marketing peanuts for producers, or acquiring peanuts for buyers and dealers, and all peanut growers' cooperative associations, all persons engaged in the business of cleaning, shelling, crushing, and salting of peanuts and the manufacture of peanut products, and all persons owning or operating peanut-picking or peanut-threshing machines."
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 Effective 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 Effective 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 Effective 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 reports 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," before "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," before "and brokers and dealers in peanuts". See Effective and Termination Dates of 1977 Amendment note below.
1960-Subsec. (a). Pub. L. 86–507 inserted "or by certified mail" after "registered mail".
1941-Subsec. (a). Act Apr. 3, 1941, §6, among other changes, inserted "peanuts" after "rice" wherever appearing and inserted "all brokers and dealers in peanuts, all agents marketing peanuts for producers, or acquiring peanuts for buyers and dealers, and all peanut growers' cooperative associations, all persons engaged in the business of cleaning, shelling, crushing, and salting 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. L. 108–357, set out as an Effective Date note under section 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 peanuts.
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 peanuts.
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 provision 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.