Dairy Market Enhancement Act of 2000
PL 106-532 (S.2773), enacted 11/22/2000

PUBLIC LAW 106-532—NOV. 22, 2000 
114 STAT. 2541 
Public Law 106-532 
106th Congress 
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 
Nov. 22, 2000 
[S. 2773] 
Dairy Market 
Enhancement 
Act of 2000. 
7 u s e 1621 note. 
"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 informa-
tion 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 bujdng milk in commerce 
for the purpose of manufacturing dairy products. 
"(3) SECRETARY.—The term 'Secretary^ means the Secretary 
of Agriculture. 
7 u s e 1637. 
7 u s e 1637a. 
114 STAT. 2542 
PUBLIC LAW 106-532—NOV. 22, 2000 
7 use 1637b. 
"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 informa-
tion; 
"(2) facilitatfe more informed marketing decisions; and 
"(3) promote competition in the dairy product manufac-
turing industry. 
"(b) REQUIREMENTS.— 
"(1) IN GENERAL.—In establishing the program, the Sec-
retary 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 
(l)(A)(i) are that— 
"(A) the information referred to in paragraph (l)(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 (l)(A)(i) 
is required only to the extent that the information is actu-
ally 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 (l)(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 mar-
kets less than 1,000,000 pounds of dairy products per year. 
"(c) ADMINISTRATION.— 
Regulations. 
"(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 pur-
poses, 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.—Notwith-
standing any other provision of law, no facts or information 
PUBLIC LAW 106-532—NOV. 22, 2000 
114 STAT. 2543 
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 viola-
tion 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 con-
tinuing 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 sub-
title 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, reimburse-
ment 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. 
79-194 O - 00 - 16 : QL 3 Part 4 
114 STAT. 2544 
PUBLIC LAW 106-532—NOV. 22, 2000 
"(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 con-
tracts, 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: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 25, considered and passed Senate and House.