Employers engaged in business in any phase of the milk industry or its byproducts:
(1) Shall furnish all the information which the Administrator or his duly authorized agent may from time to time deem necessary to effectuate the public policy and the purposes of §§ 1092—1118 of this title or of any order, resolution or regulation approved hereunder. Employers shall keep and shall place at the disposal of the Administrator the accounting books, records, documents and any other data deemed by the latter necessary to gather the information required by him for the aforesaid purpose. The said books, records, documents and data shall be kept for not less than two years or for such time as the Administrator may determine.
The said books, records, documents and data may contain, among others, the following information, if so required by the Administrator:
(a) Statement of the quantities of milk produced, received, bought, sold, and contracts considered and executed for the purpose.
(b) The quantities of milk used, sold, and otherwise disposed of.
(c) [Fat] content in the various kinds, grades and products of milk.
(d) Prices paid and charged for milk and its byproducts.
(e) Cost involved in disposal of milk and its byproducts, including transportation and distribution costs.
(f) All relevant and necessary information to effectuate the public policy and the purposes of such sections.
(2) Shall allow the Administrator or his duly authorized agent free access to their premises, facilities, places of operation and properties for the purpose of making such investigation as he may consider necessary with respect to operation and working conditions, in order to effectuate the public policy and the purposes of such sections, including, but without limitation, inspections of the vehicles used in the operation of the business, of the warehouses where the milk or its byproducts are stored, of the processing plant, the premises where are kept the documents connected with the business, and any other part or facility of the business it may be necessary to inspect.
(3) Shall permit the Administrator or his duly authorized agent to examine and copy the books, documents, records and accounts of the employer, for the purpose of enforcing public policy and the purposes of §§ 1092—1118 of this title.
(a) Any employer failing to perform or violating any of the duties or obligations fixed in this section, or the orders, resolutions or regulations approved by the Administrator in connection with what is provided herein, shall be fined five hundred dollars ($500) administratively. The second violation shall be punished by the imposition of an administrative fine of one thousand dollars ($1,000) and the suspension of the license for a month; the third violation will be punished by an administrative fine of one thousand dollars ($1,000) and the cancellation of the license for a one-year period so that he cannot continue operating during said period. After an administrative hearing is held, all jurisdiction to impose administrative fines for infractions of this section are conferred exclusively upon the Administrator.
History —June 11, 1957, No. 34, p. 67, § 6; July 20, 1979, No. 127, p. 306, § 4.