[106th Congress Public Law 532]
[From the U.S. Government Publishing Office]
<DOC>
[DOCID: f:publ532.106]
[[Page 114 STAT. 2541]]
Public Law 106-532
106th Congress
An Act
To amend the Agricultural <<NOTE: Nov. 22, 2000 - [S. 2773]>> Marketing
Act of 1946 to enhance dairy markets through dairy product mandatory
reporting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Dairy Market Enhancement Act of
2000.>> Congress assembled,
SECTION 1. <<NOTE: 7 USC 1621 note.>> SHORT TITLE.
This Act may be cited as the ``Dairy Market Enhancement Act of
2000''.
SEC. 2. DAIRY PRODUCT MANDATORY REPORTING.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``Subtitle C--Dairy Product Mandatory Reporting
``SEC. 271. <<NOTE: 7 USC 1637.>> PURPOSE.
``The purpose of this subtitle 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.
``SEC. 272. <<NOTE: 7 USC 1637a.>> DEFINITIONS.
``In this subtitle:
``(1) Dairy products.--The term `dairy products' means
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 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937.
``(2) Manufacturer.--The term `manufacturer' means any
person engaged in the business of buying milk in commerce for
the purpose of manufacturing dairy products.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
[[Page 114 STAT. 2542]]
``SEC. 273. <<NOTE: 7 USC 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 content of dairy products sold by
the manufacturer; and
``(ii) modify the format used to provide the
information on the day before the date of enactment of
this subtitle 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) <<NOTE: Regulations.>> In general.--The Secretary
shall promulgate such regulations as are necessary to ensure
compliance with, and otherwise carry out, this subtitle.
``(2) Confidentiality.--
``(A) In general.--Except as otherwise directed by
the Secretary or the Attorney General for enforcement
purposes, no officer, employee, or agent of the United
States shall make available to the public information,
statistics, or documents obtained from or submitted by
any person under this subtitle other than in a manner
that ensures that confidentiality is preserved regarding
the identity of persons, including parties to a
contract, and proprietary business information.
``(B) Relation to other requirements.--
Notwithstanding any other provision of law, no facts or
information
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obtained under this subtitle shall be disclosed in
accordance with section 552 of title 5, United States
Code.
``(3) Verification.--The Secretary shall take such actions
as the Secretary considers necessary to verify the accuracy of
the information submitted or reported under this subtitle.
``(4) Enforcement.--
``(A) Unlawful act.--It shall be unlawful and a
violation of this subtitle for any person subject to
this subtitle to willfully fail or refuse to provide, or
delay the timely reporting of, accurate information to
the Secretary in accordance with this subtitle.
``(B) Order.--After providing notice and an
opportunity for a hearing to affected persons, the
Secretary may issue an order against any person to cease
and desist from continuing any violation of this
subtitle.
``(C) Appeal.--
``(i) In general.--The order of the Secretary
under subparagraph (B) shall be final and
conclusive unless an affected person files an
appeal of the order of the Secretary in United
States district court not later than 30 days after
the date of the issuance of the order.
``(ii) Findings.--A finding of the Secretary
under this paragraph shall be set aside only if
the finding is found to be unsupported by
substantial evidence.
``(D) Noncompliance with order.--
``(i) In general.--If a person subject to this
subtitle fails to obey an order issued under this
paragraph after the order has become final and
unappealable, or after the appropriate United
States district court has entered a final judgment
in favor of the Secretary, the United States may
apply to the appropriate United States district
court for enforcement of the order.
``(ii) Enforcement.--If the court determines
that the order was lawfully made and duly served
and that the person violated the order, the court
shall enforce the order.
``(iii) Civil penalty.--If the court finds
that the person violated the order, the person
shall be subject to a civil penalty of not more
than $10,000 for each offense.
``(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 subtitle 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
subtitle.
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``(6) Recordkeeping.--Each person required to report
information to the Secretary under this subtitle shall maintain,
and make available to the Secretary, on request, original
contracts, agreements, receipts, and other records associated
with the sale or storage of any dairy products during the 2-year
period beginning on the date of the creation of the records.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
Approved November 22, 2000.
LEGISLATIVE HISTORY--S. 2773:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 25, considered and passed Senate and House.
<all>
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Senate Committee on Agriculture, Nutrition, and Forestry discharged by Unanimous Consent.
Senate Committee on Agriculture, Nutrition, and Forestry discharged by Unanimous Consent.
Measure laid before Senate. (consideration: CR S10952-10953)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Considered by unanimous consent. (consideration: CR H10874-10875)
Mr. Simpson asked unanimous consent to take from the Speaker's table and consider.
Passed/agreed to in House: On passage Passed without objection.(text: CR H10874-10875)
Enacted as Public Law 106-532
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On passage Passed without objection. (text: CR H10874-10875)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 106-532.
Became Public Law No: 106-532.