7 U.S.C. § 1373

Section 1373 · Reports and records

Current version, with additions and removals from the May 13, 2002 version.

Current — October 22, 2004

As of May 13, 2002

(a) Persons reporting

This subsection shall apply to warehousemen, processors, and common carriers of corn, wheat, cotton, ~~rice,~~ or ~~tobacco,~~ and all ginners of ~~cotton,~~ all persons engaged in the business of purchasing corn, wheat, cotton, ~~rice,~~ or ~~tobacco~~ from ~~producers, and all persons engaged in the business of redrying, prizing, or stemming tobacco for~~ 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; 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.

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.

(b) Proof of acreage yield

Farmers engaged in the production of corn, wheat, cotton, ~~rice,~~ or ~~tobacco~~ 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.

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.

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.

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Versions

Oct 22, 2004 – presentcurrentviewing
Annual edition
Subsec. (a). Pub. L. 108–357, §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.”
▸ what changed
Source credit
Pub. L. 108–357, title VI, §611(j), Oct. 22, 2004, 118 Stat. 1523.
May 13, 2002 – Oct 22, 2004
Annual edition
Subsec. (a). Pub. L. 107–171, §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.”
changes vs current →
Source credit
Pub. L. 107–171, title I, §1309(h)(3), May 13, 2002, 116 Stat. 182
Apr 4, 1996 – May 13, 2002
Amended · full text not held
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.
Source credit
Pub. L. 104–127, title I, §171(a)(2), Apr. 4, 1996, 110 Stat. 937
Nov 28, 1990 – Apr 4, 1996
Annual edition
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.
changes vs current →
Source credit
Pub. L. 101–624, title VIII, §807, Nov. 28, 1990, 104 Stat. 3478
Dec 23, 1985 – Nov 28, 1990
Amended · full text not held
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.
Source credit
Pub. L. 99–198, title VII, §706, Dec. 23, 1985, 99 Stat. 1441
Jul 20, 1982 – Dec 23, 1985
Amended · full text not held
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.
Source credit
Pub. L. 97–218, title III, §304, July 20, 1982, 96 Stat. 214
Dec 22, 1981 – Jul 20, 1982
Amended · full text not held
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.
Source credit
Pub. L. 97–98, title VII, §706, Dec. 22, 1981, 95 Stat. 1256
Sep 29, 1977 – Dec 22, 1981
Amended · full text not held
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.
Source credit
Pub. L. 95–113, title VIII, §805, Sept. 29, 1977, 91 Stat. 947
Jun 11, 1960 – Sep 29, 1977
Amended · full text not held
Subsec. (a). Pub. L. 86–507 inserted “or by certified mail” after “registered mail”.
Source credit
Pub. L. 86–507, §1(6), June 11, 1960, 74 Stat. 200
Apr 3, 1941 – Jun 11, 1960
Amended · full text not held
Subsec. (a). Act Apr. 3, 1941, §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”.
Source credit
Apr. 3, 1941, ch. 39, §§6, 7, 55 Stat. 92
Jun 13, 1940 – Apr 3, 1941
Amended · full text not held
Subsec. (a). Act June 13, 1940, inserted all after “$500;” in last sentence.
Source credit
June 13, 1940, ch. 360, §6, 54 Stat. 394
Feb 16, 1938 – Jun 13, 1940
Enacted · full text not held
Source credit
Feb. 16, 1938, ch. 30, title III, §373, 52 Stat. 65

See all changes since 1990 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1990; earlier amendments are recorded by date and act, without pre-1994 full text.

Practice areas using this title

Agriculture Law