
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1314g]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                        Part B--Marketing Quotas
 
                  subpart i--marketing quotas--tobacco
 
Sec. 1314g. Submission of purchase intentions by cigarette 
        manufacturers
        

(a) Quantity of intended purchases; aggregation not to allow 
        identification

    (1) Not later than December 1 of any marketing year with respect to 
Flue-cured tobacco (or, in the case of the 1986 crop, 14 days after 
April 7, 1986) and January 15 of any marketing year with respect to 
Burley tobacco (or, in the case of the 1986 crop, 14 days after April 7, 
1986, or January 15, 1986, whichever is later), each domestic 
manufacturer of cigarettes shall submit to the Secretary a statement, by 
kind, of the quantity of Flue-cured tobacco and Burley tobacco (for 
which a national marketing quota is in effect or for which the Secretary 
has proclaimed a national marketing quota for the next succeeding 
marketing year) that the manufacturer intends to purchase, directly or 
indirectly, on the United States auction markets or from producers 
during the next succeeding marketing year (hereafter in this section 
referred to as the ``quantity of intended purchases'').
    (2) The Secretary shall aggregate the quantities of intended 
purchases in a manner that will not allow the identification of the 
quantity of intended purchases of any manufacturer.

(b) Failure to submit; determination of quantity of intended purchases 
        by Secretary

    If any domestic manufacturer of cigarettes fails to submit to the 
Secretary a statement of the quantity of intended purchases of the 
manufacturer, as required by this section, the Secretary shall establish 
the quantity of intended purchases to be attributed to such manufacturer 
for purposes of this chapter, based on--
        (1) the quantity of intended purchases submitted by such 
    manufacturer under this section for the marketing year immediately 
    preceding the marketing year for which the determination is being 
    made; or
        (2) if such manufacturer did not submit a statement of the 
    quantity of intended purchases of the manufacturer for the marketing 
    year immediately preceding the marketing year for which the 
    determination is being made, the most recent information available 
    to the Secretary.

(c) Confidentiality of information; disclosure; publication of identity 
        of violators; penalties

    (1) All information relating to the quantity of intended purchases 
that is submitted by domestic manufacturers of cigarettes under this 
section shall be kept confidential by all officers and employees of the 
Department of Agriculture.
    (2) Such information may only be disclosed by such officers or 
employees in a suit or administrative hearing--
        (A)(i) brought at the direction, or on the request, of the 
    Secretary; or
        (ii) to which the Secretary or any officer of the United States 
    is a party; and
        (B) involving enforcement of this chapter.

    (3) Nothing in this section shall be considered to prohibit the 
publication, by direction of the Secretary, of the name of any person 
violating this chapter, together with a statement of the particular 
provisions of the chapter violated by such person.
    (4) Any officer or employee of the Department of Agriculture who 
violates this subsection, on conviction, shall be--
        (A) subject to a fine of not more than $1,000 or to imprisonment 
    for not more than 1 year, or to both; and
        (B) removed from office.

(d) Exemption from public disclosure

    Notwithstanding any other provision of law, a statement of the 
quantity of intended purchases that is submitted under this section 
shall be exempt from disclosure under section 552 of title 5.

(Feb. 16, 1938, ch. 30, title III, Sec. 320A, as added Pub. L. 99-272, 
title I, Sec. 1103(d), Apr. 7, 1986, 100 Stat. 88.)


                             Effective Date

    Section 1103(d) of Pub. L. 99-272 provided that this section is 
effective for 1986 and each subsequent crop of tobacco.


                          Rulemaking Procedures

    For implementation of this section by the Secretary of Agriculture 
without regard to the provisions requiring notice and other procedures 
for public participation in rulemaking contained in section 553 of Title 
5, Government Organization and Employees, or in any other directive of 
the Secretary, see section 1108(c) of Pub. L. 99-272, set out as a note 
under section 1301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1314c, 1314e, 1314h, 1314i, 
1445-3 of this title.
