7 U.S. Code § 4534 - Required terms of order; agreements under order; records
Required terms of order; agreements under order; records
(a) Required termsThe dairy products research order issued under section 4533(b) of this title shall—
provide for the establishment and administration, by the Institute, of appropriate scientific research activities designed to facilitate the expansion of markets for dairy products marketed in the United States;
(2) specify the powers of the board, including the powers to—
(A) receive and evaluate, or on its own initiative develop and budget for, research plans or projects designed to—
increase the knowledge of human nutritional needs and the relationship of milk and dairy products to these needs;
improve dairy processing technologies, particularly those appropriate to small- and medium-sized family farms;
enter into agreements, with the approval of the Secretary, for the conduct of activities authorized under the order and for payment of the cost of such activities with any monies in the Fund other than monies appropriated or transferred by the Secretary to the Fund;
with the approval of the Secretary, establish advisory committees composed of individuals other than members of the board, and pay the necessary and reasonable expenses and fees of the members of such committees; and
(3) specify the duties of the board, including the duties to—
develop, and submit to the Secretary for approval before implementation, any research plan or project to be carried out under this subchapter;
submit to the Secretary for approval, budgets, on a fiscal year basis, of the board’s anticipated expenses and disbursements in the administration of the order, including projected costs of carrying out dairy products research plans and projects;
prepare and make public, at least annually, a report of the board’s activities and an accounting for funds received and expended by the board;
maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may prescribe;
prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and
prohibit any monies received under this subchapter by the board to be used in any manner for the purpose of influencing governmental policy or actions, except as provided in paragraph (2)(F); and
require that each person receiving milk from producers for commercial use and any person marketing milk of that person’s own production directly to consumers maintain and make available for inspection by the Secretary such books and records as may be required by the order and file with the Secretary reports at the time, in the manner, and having the content prescribed by the order.
(b) Agreements under orderAny agreement made under subsection (a)(2)(G) shall provide that—
the person with whom such agreement is made shall develop and submit to the board a research plan or project together with a budget that shows estimated costs to be incurred to carry out such plan or project;
(c) Confidentiality of records; disclosure exceptions; penalty for violation
Information, books, and records made available to, and reports filed with, the Secretary under subsection (a)(6) shall be kept confidential by all officers and employees of the Department, except that such information, books, records, and reports as the Secretary deems relevant may be disclosed by such officers and employees in any suit or administrative proceeding that is brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party, and that involves the order issued under section 4533(b) of this title.
(2) Paragraph (1) shall not be construed to prohibit—
the issuance of general statements, based on such information, books, records, and reports, of the number of persons subject to the order or of statistical data collected from such persons if such statements do not specifically identify the data furnished by any one of such persons; or
No information obtained under the authority of this section may be made available to any agency, officer, or employee of the United States for any purpose other than the implementation of this subchapter and any investigatory or enforcement action necessary to implement this subchapter. Any person who violates this paragraph shall be subject to a fine of not more than $1,000, or to imprisonment for not more than one year, or both, and, if such person is employed by the board or the Department, shall be terminated from such employment.
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