
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1373]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                    Part C--Administrative Provisions
 
            subpart ii--adjustment of quotas and enforcement
 
Sec. 1373. Reports and records


(a) Persons reporting

    This subsection shall apply to warehousemen, processors, and common 
carriers of corn, wheat, cotton, rice, peanuts, or tobacco, and all 
ginners of cotton, all persons engaged in the business of purchasing 
corn, wheat, cotton, rice, peanuts, or tobacco from producers, all 
persons engaged in the business of redrying, prizing, or stemming 
tobacco 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. 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; 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.

(b) Proof of acreage yield

    Farmers engaged in the production of corn, wheat, cotton, rice, 
peanuts, or tobacco 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, Sec. 373, 52 Stat. 65; June 13, 1940, 
ch. 360, Sec. 6, 54 Stat. 394; Apr. 3, 1941, ch. 39, Secs. 6, 7, 55 
Stat. 92; Pub. L. 86-507, Sec. 1(6), June 11, 1960, 74 Stat. 200; Pub. 
L. 95-113, title VIII, Sec. 805, Sept. 29, 1977, 91 Stat. 947; Pub. L. 
97-98, title VII, Sec. 706, Dec. 22, 1981, 95 Stat. 1256; Pub. L. 97-
218, title III, Sec. 304, July 20, 1982, 96 Stat. 214; Pub. L. 99-198, 
title VII, Sec. 706, Dec. 23, 1985, 99 Stat. 1441; Pub. L. 101-624, 
title VIII, Sec. 807, Nov. 28, 1990, 104 Stat. 3478; Pub. L. 104-127, 
title I, Sec. 171(a)(2), Apr. 4, 1996, 110 Stat. 937.)

                          Amendment of Section

        For termination of amendment by section 171(a)(2) of Pub. L. 
    104-127, see Effective and Termination Dates of 1996 Amendment note 
    below.


                               Amendments

    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, Sec. 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, Sec. 7, inserted ``peanuts,'' after 
``rice,''.
    1940--Subsec. (a). Act June 13, 1940, inserted all after ``$500;'' 
in last sentence.


            Effective and Termination Dates of 1996 Amendment

    Section 171(a)(2) of Pub. L. 104-127 provided that the amendment 
made by that section is effective only for 1996 through 2002 crops of 
peanuts.


            Effective and Termination Dates of 1990 Amendment

    Section 807 of Pub. L. 101-624 provided that the amendment made by 
that section is effective only for 1991 through 1995 crops of peanuts.


            Effective and Termination Dates of 1985 Amendment

    Section 706 of Pub. L. 99-198 provided that the amendment made by 
that section is effective only for 1986 through 1990 crops of peanuts.


            Effective and Termination Dates of 1981 Amendment

    Section 706 of Pub. L. 97-98 provided that the amendment made by 
that section is effective for 1982 through 1985 crop of peanuts.


            Effective and Termination Dates of 1977 Amendment

    Section 805 of Pub. L. 95-113 provided that the amendment made by 
that section is effective for 1978 through 1981 crops of peanuts.
