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7 U.S.C. § 1636General provisions

submitted 80 years ago by Pub. L. 106-78 to r/title-7-AGRICULTURE · 707 words · no verdicts yet

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This section protects the confidentiality of people and proprietary business information in required reports. It also sets rules for reporting, publication, verification, electronic systems, weekend activity, and the Secretary’s other legal powers.

(a) Confidentiality. The Secretary must make information, statistics, and documents obtained from or submitted by packers, retail entities, and others under this subchapter available to the public in a way that preserves the confidentiality of (1) people’s identities, including contract parties, and (2) proprietary business information. (b) Disclosure by Federal employees. (1) Unless paragraph (2) applies, a United States officer, employee, or agent may not, without the packer’s or other concerned person’s consent, disclose in any way facts or information about that person’s business learned through required reporting. (2) The Secretary may disclose information to Agriculture Department agents or employees doing official duties under this subchapter; as directed by the Secretary or Attorney General for enforcement; or through a court with jurisdiction. (3) Despite any other law, facts or information obtained under this subchapter may not be disclosed under 5 U.S.C. § 552. (c) Reporting by packers. A packer must report all required information for each individual lot. (d) Regional reporting and aggregation. The Secretary may make the information public only in a way that (1) publishes it nationally and on a regional or statewide basis as appropriate, (2) does not reveal the reporting person’s identity, and (3) follows the Secretary’s aggregation guidelines. (e) Adjustments. Before publishing required information, the Secretary may reasonably adjust packers’ reports for price abnormalities or other unusual or unique events that the Secretary determines would distort the published information to the disadvantage of producers, packers, or other market participants. (f) Verification. The Secretary must take actions considered necessary to verify the accuracy of information submitted or reported under subparts B, C, or D. (g) Electronic reporting and publishing. (1) To the maximum practicable extent, the Secretary must provide for electronic reporting and publication. (2)(A) The Secretary must develop and operate an improved electronic publishing system to distribute collected information. It must be understandable to producers, packers, and other market participants; meet this subchapter’s deadlines; use charts and graphs when appropriate; show comparisons with earlier reporting periods when appropriate; and be updated as soon as practicable after reporting. (B) The Secretary must run a market-news education program teaching the public and people in the livestock and meat industries how to use that system and interpret and understand the information it provides. (h) Weekend and holiday activities. (1) Livestock committed to, purchased, sold, or slaughtered by a packer on a weekend or holiday must be reported by the packer, to the extent this subchapter requires, and by the Secretary on the next reporting day. (2) A packer need not report those actions more than once on that next reporting day. (i) Effect on other laws. Nothing here, the Livestock Mandatory Reporting Act of 1999, or that Act’s amendments limits or changes the Secretary’s authority to (1) administer or enforce the Packers and Stockyards Act, 1921 (7 U.S.C. § 181 et seq.); (2) administer, enforce, or collect voluntary reports under this chapter or another law; or (3) obtain documentary evidence under 15 U.S.C. §§ 49 and 50.
the actual law source: uscode.house.gov ↗public domain
(a) Confidentiality

The Secretary shall make available to the public information, statistics, and documents obtained from, or submitted by, packers, retail entities, and other persons under this subchapter in a manner that ensures that confidentiality is preserved regarding—

(1)

the identity of persons, including parties to a contract; and

(2)

proprietary business information.

(b) Disclosure by Federal Government employees
(1) In general

Subject to paragraph (2), no officer, employee, or agent of the United States shall, without the consent of the packer or other person concerned, divulge or make known in any manner, any facts or information regarding the business of the packer or other person that was acquired through reporting required under this subchapter.

(2) Exceptions

Information obtained by the Secretary under this subchapter may be disclosed—

(A)

to agents or employees of the Department of Agriculture in the course of their official duties under this subchapter;

(B)

as directed by the Secretary or the Attorney General, for enforcement purposes; or

(C)

by a court of competent jurisdiction.

(3) Disclosure under Freedom of Information Act

Notwithstanding any other provision of law, no facts or information obtained under this subchapter shall be disclosed in accordance with section 552 of title 5.

(c) Reporting by packers

A packer shall report all information required under this subchapter on an individual lot basis.

(d) Regional reporting and aggregation

The Secretary shall make information obtained under this subchapter available to the public only in a manner that—

(1)

ensures that the information is published on a national and a regional or statewide basis as the Secretary determines to be appropriate;

(2)

ensures that the identity of a reporting person is not disclosed; and

(3)

conforms to aggregation guidelines established by the Secretary.

(e) Adjustments

Prior to the publication of any information required under this subchapter, the Secretary may make reasonable adjustments in information reported by packers to reflect price aberrations or other unusual or unique occurrences that the Secretary determines would distort the published information to the detriment of producers, packers, or other market participants.

(f) Verification

The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported under part B, C, or D of this subchapter.

(g) Electronic reporting and publishing
(1) In general

The Secretary shall, to the maximum extent practicable, provide for the reporting and publishing of the information required under this subchapter by electronic means.

(2) Improvements and education
(A) Enhanced electronic publishing

The Secretary shall develop and implement an enhanced system of electronic publishing to disseminate information collected pursuant to this subchapter. Such system shall—

(i)

present information in a format that can be readily understood by producers, packers, and other market participants;

(ii)

adhere to the publication deadlines in this subchapter;

(iii)

present information in charts and graphs, as appropriate;

(iv)

present comparative information for prior reporting periods, as the Secretary considers appropriate; and

(v)

be updated as soon as practicable after information is reported to the Secretary.

(B) Education

The Secretary shall carry out a market news education program to educate the public and persons in the livestock and meat industries about—

(i)

usage of the system developed under subparagraph (A); and

(ii)

interpreting and understanding information collected and disseminated through such system.

(h) Reporting of activities on weekends and holidays
(1) In general

Livestock committed to a packer, or purchased, sold, or slaughtered by a packer, on a weekend day or holiday shall be reported by the packer to the Secretary (to the extent required under this subchapter), and reported by the Secretary, on the immediately following reporting day.

(2) Limitation on reporting by packers

A packer shall not be required to report actions under paragraph (1) more than once on the immediately following reporting day.

(i) Effect on other laws

Nothing in this subchapter, the Livestock Mandatory Reporting Act of 1999, or amendments made by that Act restricts or modifies the authority of the Secretary to—

(1)

administer or enforce the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.);

(2)

administer, enforce, or collect voluntary reports under this chapter or any other law; or

(3)

access documentary evidence as provided under sections 49 and 50 of title 15.

Source credit: (Aug. 14, 1946, ch. 966, title II, § 251, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1200; amended Pub. L. 110–234, title XI, § 11001(a)(1), May 22, 2008, 122 Stat. 1350; Pub. L. 110–246, § 4(a), title XI, § 11001(a)(1), June 18, 2008, 122 Stat. 1664, 2112.)

history & why it existsrecord from the source credit
  • 1946Enacted · Pub. L. 106-78 · 113 Stat. 1200
  • 2008Amended · Pub. L. 110-234 · 122 Stat. 1350
  • 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 2112

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-78 on 1946-08-14.

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