[106th Congress Public Law 532]
[From the U.S. Government Printing Office]

[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 


    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 

``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]]


    ``(a) Establishment.--The Secretary shall establish a program of 
mandatory dairy product information reporting that will--
            ``(1) provide timely, accurate, and reliable market 
            ``(2) facilitate more informed marketing decisions; and
            ``(3) promote competition in the dairy product manufacturing 

    ``(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 

[[Page 114 STAT. 2543]]

                obtained under this subtitle shall be disclosed in 
                accordance with section 552 of title 5, United States 
            ``(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 
                    ``(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 

[[Page 114 STAT. 2544]]

            ``(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.


            Oct. 25, considered and passed Senate and House.