Collapse to view only § 1637b. Mandatory reporting for dairy products
§ 1637. Purpose
The purpose of this subchapter is to establish a program of information regarding the marketing of dairy products that—
(1) provides information that can be readily understood by producers and other market participants, including information with respect to prices, quantities sold, and inventories of dairy products;
(2) improves the price and supply reporting services of the Department of Agriculture; and
(3) encourages competition in the marketplace 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 designated by the Secretary.
(2) Manufacturer
(3) Secretary
(Aug. 14, 1946, ch. 966, title II, § 272, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2541; amended Pub. L. 107–171, title I, § 1504, May 13, 2002, 116 Stat. 207.)
§ 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 decisions; 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 concerning the price, quantity, and moisture span of dairy products sold by the manufacturer; 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 determined 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 paragraph (1)(A)(i) is required only with respect to those package sizes actually used to establish minimum prices for Class III or Class IV milk under a Federal milk marketing order;
(B) the information referred to in paragraph (1)(A)(i) is required only to the extent that the information is actually used to establish 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 Federal milk marketing order; and
(D) the Secretary may exempt from all reporting requirements any manufacturer that processes and markets less than 1,000,000 pounds of dairy products per year.
(c) Administration
(1) In general
(2) Confidentiality
(A) In general
(B) Relation to other requirements
(3) Verification
(A) In general
(B) Quarterly audits
(4) Enforcement
(A) Unlawful act
(B) Order
(C) Appeal
(i) In general
(ii) Findings
(D) Noncompliance with order
(i) In general
(ii) Enforcement
(iii) Civil penalty
(5) Fees
The Secretary shall not charge or assess a user fee, transaction fee, service charge, assessment, reimbursement fee, or any other fee under this subchapter for—
(A) the submission or reporting of information;
(B) the receipt or availability of, or access to, published reports or information; or
(C) any other activity required under this subchapter.
(6) Recordkeeping
(d) Electronic reporting
(1) Electronic reporting system required
(2) Publication
(e) Authorization of appropriations
(Aug. 14, 1946, ch. 966, title II, § 273, as added Pub. L. 106–532, § 2, Nov. 22, 2000, 114 Stat. 2542; amended 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.)