7 USC 1373(c): Cropping history data
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of Agriculture | 1.0 |
TITLE 7--AGRICULTURE
CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING
QUOTAS, AND MARKETING CERTIFICATES
Part C--Administrative Provisions
subpart ii--adjustment of quotas and enforcement
Sec. 1373. Reports and records
(a) Persons reporting
This subsection shall apply to warehousemen, processors, and common
carriers of corn, wheat, cotton, or rice, and \1\ all ginners of
cotton,\2\ all persons engaged in the business of purchasing corn,
wheat, cotton, or rice from producers. Any such person shall, from time
to time on request of the Secretary, report to the Secretary such
information and keep such records as the Secretary finds to be necessary
to enable him to carry out the provisions of this subchapter. Such
information shall be reported and such records shall be kept in
accordance with forms which the Secretary shall prescribe. For the
purpose of ascertaining the correctness of any report made or record
kept, or of obtaining information required to be furnished in any
report, but not so furnished, the Secretary is authorized to examine
such books, papers, records, accounts, correspondence, contracts,
documents, and memoranda as he has reason to believe are relevant and
are within the control of such person. Any such person failing to make
any report or keep any record as required by this subsection or making
any false report or record shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine of not more than
$500.
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\1\ So in original. The word ``and'' probably should not appear.
\2\ So in original. The word ``and'' probably should appear.
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(b) Proof of acreage yield
Farmers engaged in the production of corn, wheat, cotton, or rice
for market shall furnish such proof of their acreage, yield, storage,
and marketing of the commodity in the form of records, marketing cards,
reports, storage under seal, or otherwise as the Secretary may prescribe
as necessary for the administration of this subchapter.
(c) Data as confidential
All data reported to or acquired by the Secretary pursuant to this
section shall be kept confidential by all officers and employees of the
Department, and only such data so reported or acquired as the Secretary
deems relevant shall be disclosed by them, and then only in a suit or
administrative hearing under this subchapter. Nothing in this section
shall be deemed to prohibit the issuance of general statements based
upon the reports of a number of parties which statements do not identify
the information furnished by any person.
(Feb. 16, 1938, ch. 30, title III, Sec. 373, 52 Stat. 65; June 13, 1940,
ch. 360, Sec. 6, 54 Stat. 394; Apr. 3, 1941, ch. 39, Secs. 6, 7, 55
Stat. 92; Pub. L. 86-507, Sec. 1(6), June 11, 1960, 74 Stat. 200; Pub.
L. 95-113, title VIII, Sec. 805, Sept. 29, 1977, 91 Stat. 947; Pub. L.
97-98, title VII, Sec. 706, Dec. 22, 1981, 95 Stat. 1256; Pub. L. 97-
218, title III, Sec. 304, July 20, 1982, 96 Stat. 214; Pub. L. 99-198,
title VII, Sec. 706, Dec. 23, 1985, 99 Stat. 1441; Pub. L. 101-624,
title VIII, Sec. 807, Nov. 28, 1990, 104 Stat. 3478; Pub. L. 104-127,
title I, Sec. 171(a)(2), Apr. 4, 1996, 110 Stat. 937; Pub. L. 107-171,
title I, Sec. 1309(h)(3), May 13, 2002, 116 Stat. 182; Pub. L. 108-357,
title VI, Sec. 611(j), Oct. 22, 2004, 118 Stat. 1523.)
Amendments
2004--Subsec. (a). Pub. L. 108-357, Sec. 611(j)(2)(B), substituted
``$500.'' for ``$500; and any tobacco warehouseman or dealer who fails
to remedy such violation by making a complete and accurate report or
keeping a complete and accurate record as required by this subsection
within fifteen days after notice to him of such violation shall be
subject to an additional fine of $100 for each ten thousand pounds of
tobacco, or fraction thereof, bought or sold by him after the date of
such violation: Provided, That such fine shall not exceed $5,000; and
notice of such violation shall be served upon the tobacco warehouseman
or dealer by mailing the same to him by registered mail or by certified
mail or by posting the same at any established place of business
operated by him, or both.''
Pub. L. 108-357, Sec. 611(j)(2)(A), which directed that ``all
persons engaged in the business of redrying, prizing, or
[[Page 561]]
stemming tobacco for producers,'' be struck out in first sentence, was
executed by striking out ``, and all persons engaged in the business of
redrying, prizing, or stemming tobacco for producers'' before period at
end of first sentence, to reflect the probable intent of Congress.
Pub. L. 108-357, Sec. 611(j)(1), substituted ``or rice'' for ``rice,
or tobacco'' in two places in first sentence.
Subsec. (b). Pub. L. 108-357, Sec. 611(j)(1), substituted ``or
rice'' for ``rice, or tobacco''.
2002--Subsec. (a). Pub. L. 107-171, Sec. 1309(h)(3)(A), in first
sentence, struck out ``peanuts,'' after ``rice,'' in two places,
inserted ``and'' after ``from producers,'' and substituted ``for
producers.'' for ``for producers, all producers engaged in the
production of peanuts, all brokers and dealers in peanuts, all agents
marketing peanuts for producers, or acquiring peanuts for buyers and
dealers, and all peanut growers' cooperative associations, all persons
engaged in the business of cleaning, shelling, crushing, and salting of
peanuts and the manufacture of peanut products, and all persons owning
or operating peanut-picking or peanut-threshing machines.''
Subsec. (b). Pub. L. 107-171, Sec. 1309(h)(3)(B), struck out
``peanuts,'' after ``rice,''.
1996--Subsec. (a). Pub. L. 104-127 temporarily inserted ``all
producers engaged in the production of peanuts,'' before ``all brokers
and dealers in peanuts''. See Effective and Termination Dates of 1996
Amendment note below.
1990--Subsec. (a). Pub. L. 101-624 temporarily inserted ``all
producers engaged in the production of peanuts,'' before ``all brokers
and dealers in peanuts''. See Effective and Termination Dates of 1990
Amendment note below.
1985--Subsec. (a). Pub. L. 99-198 temporarily inserted ``all
producers engaged in the production of peanuts,'' before ``all brokers
and dealers in peanuts''. See Effective and Termination Dates of 1985
Amendment note below.
1982--Subsec. (c). Pub. L. 97-218 inserted provision that nothing in
this section shall be deemed to prohibit the issuance of general
statements based upon the reports of a number of parties which
statements do not identify the information furnished by any person.
1981--Subsec. (a). Pub. L. 97-98 temporarily inserted ``all farmers
engaged in the production of peanuts,'' before ``all brokers and dealers
in peanuts''. See Effective and Termination Dates of 1981 Amendment note
below.
1977--Subsec. (a). Pub. L. 95-113 temporarily inserted ``all farmers
engaged in the production of peanuts,'' before ``and brokers and dealers
in peanuts''. See Effective and Termination Dates of 1977 Amendment note
below.
1960--Subsec. (a). Pub. L. 86-507 inserted ``or by certified mail''
after ``registered mail''.
1941--Subsec. (a). Act Apr. 3, 1941, Sec. 6, among other changes,
inserted ``peanuts'' after ``rice'' wherever appearing and inserted
``all brokers and dealers in peanuts, all agents marketing peanuts for
producers, or acquiring peanuts for buyers and dealers, and all peanut
growers' cooperative associations, all persons engaged in the business
of cleaning, shelling, crushing, and salting of peanuts and the
manufacture of peanut products, and all persons owning or operating
peanut-picking or peanut-threshing machines''.
Subsec. (b). Act Apr. 3, 1941, Sec. 7, inserted ``peanuts,'' after
``rice,''.
1940--Subsec. (a). Act June 13, 1940, inserted all after ``$500;''
in last sentence.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108-357 applicable to the 2005 and subsequent
crops of tobacco, see section 643 of Pub. L. 108-357, set out as an
Effective Date note under section 518 of this title.
Effective and Termination Dates of 1996 Amendment
Section 171(a)(2) of Pub. L. 104-127 provided that the amendment
made by that section is effective only for 1996 through 2002 crops of
peanuts.
Effective and Termination Dates of 1990 Amendment
Section 807 of Pub. L. 101-624 provided that the amendment made by
that section is effective only for 1991 through 1995 crops of peanuts.
Effective and Termination Dates of 1985 Amendment
Section 706 of Pub. L. 99-198 provided that the amendment made by
that section is effective only for 1986 through 1990 crops of peanuts.
Effective and Termination Dates of 1981 Amendment
Section 706 of Pub. L. 97-98 provided that the amendment made by
that section is effective for 1982 through 1985 crop of peanuts.
Effective and Termination Dates of 1977 Amendment
Section 805 of Pub. L. 95-113 provided that the amendment made by
that section is effective for 1978 through 1981 crops of peanuts.
Savings Provision
Amendment by sections 611 to 614 of Pub. L. 108-357 not to affect
the liability of any person under any provision of law so amended with
respect to the 2004 or an earlier crop of tobacco, see section 614 of
Pub. L. 108-357, set out as a note under section 515 of this title.