
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: 7USC1314j]

 
                          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. 1314j. Tobacco production and marketing information


(a) In general

    Notwithstanding any other provision of law, the Secretary may, 
subject to subsection (b) of this section, release marketing information 
submitted by persons relating to the production and marketing of tobacco 
to State trusts or similar organizations engaged in the distribution of 
national trust funds to tobacco producers and other persons with 
interests associated with the production of tobacco, as determined by 
the Secretary.

(b) Limitations

                           (1) In general

        Information may be released under subsection (a) of this section 
    only to the extent that--
            (A) the release is in the interest of tobacco producers, as 
        determined by the Secretary; and
            (B) the information is released to a State trust or other 
        organization that is created to, or charged with, distributing 
        funds to tobacco producers or other parties with an interest in 
        tobacco production or tobacco farms under a national or State 
        trust or settlement.

                     (2) Exemption from release

        The Secretary shall, to the maximum extent practicable, in 
    advance of making a release of information under subsection (a) of 
    this section, allow, by announcement, a period of at least 15 days 
    for persons whose consent would otherwise be required by law to 
    effectuate the release, to elect to be exempt from the release.

(c) Assistance

                           (1) In general

        In making a release under subsection (a) of this section, the 
    Secretary may provide such other assistance with respect to 
    information released under subsection (a) of this section as will 
    facilitate the interest of producers in receiving the funds that are 
    the subject of a trust described in subsection (a) of this section.

                              (2) Funds

        The Secretary shall use amounts made available for salaries and 
    expenses of the Department to carry out paragraph (1).

(d) Records

                           (1) In general

        A person that obtains information described in subsection (a) of 
    this section shall maintain records that are consistent with the 
    purposes of the release and shall not use the records for any 
    purpose not authorized under this section.

                             (2) Penalty

        A person that knowingly violates this subsection shall be fined 
    not more than $10,000, imprisoned not more than 1 year, or both.

(e) Application

    This section shall not apply to--
        (1) records submitted by cigarette manufacturers with respect to 
    the production of cigarettes;
        (2) records that were submitted as expected purchase intentions 
    in connection with the establishment of national tobacco quotas; or
        (3) records that aggregate the purchases of particular buyers.

(Feb. 16, 1938, ch. 30, title III, Sec. 320D, as added Pub. L. 106-47, 
Sec. 1, Aug. 13, 1999, 113 Stat. 228, and Pub. L. 106-78, title VII, 
Sec. 755(b), Oct. 22, 1999, 113 Stat. 1170; amended Pub. L. 106-113, 
div. B, Sec. 1000(a)(5) [title II, Sec. 211], Nov. 29, 1999, 113 Stat. 
1536, 1501A-295.)

                          Codification

    Pub. L. 106-47, Sec. 1, and Pub. L. 106-78, Sec. 755(b), enacted 
substantially identical sections 320D to act of Feb. 16, 1938. Section 
755(b) of Pub. L. 106-78 was repealed by Pub. L. 106-113. This section 
is based on the text of section 320D of act of Feb. 16, 1938, as added 
by Pub. L. 106-47, Sec. 1.


                               Amendments

    1999--Pub. L. 106-113 repealed Pub. L. 106-78, Sec. 755(b). See 
Codification note above.
