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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2773 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2773

_______________________________________________________________________

                                 AN ACT

 
   To amend the Agricultural 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 Congress assembled,

SECTION 1. 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. 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. 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.

``SEC. 273. 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) 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 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.
            ``(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.''.

            Passed the Senate October 25 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2773

_______________________________________________________________________

                                 AN ACT

   To amend the Agricultural Marketing Act of 1946 to enhance dairy 
   markets through dairy product mandatory reporting, and for other 
                               purposes.
```