Section 4810 - Permissive provisions(a) Recordkeeping and reporting requirements; incidental and necessary terms and conditionsOn the recommendation of the Board, and with the approval of the Secretary, an order may contain one or more of the following provisions:
(1) Each person purchasing a porcine animal from a producer for commercial use, and each importer, shall-(A) maintain and make available for inspection such books and records as may be required by the order; and(2) A term or condition-(A) incidental to, and not inconsistent with, the terms and conditions specified in this chapter; and(B) necessary to effectuate the other provisions of such order.(b) Availability of information to Secretary and Board; confidentiality; disclosure; issuance of general statement, statistical data, or name of violator of order(1) Information referred to in subsection (a)(1) shall be made available to the Secretary and the Board as is appropriate or necessary for the effectuation, administration, or enforcement of this chapter or an order.(2)(A) Except as provided in subparagraphs (B) and (C), information obtained under subsection (a)(1) shall be kept confidential by officers or employees of the Department of Agriculture or the Board.(B) Such information may be disclosed only-(i) in a suit or administrative hearing involving the order with respect to which the information was furnished or acquired-(I) brought at the direction or on the request of the Secretary; or(II) to which the Secretary or an officer of the United States is a party; and(ii) if the Secretary considers such information to be relevant to such suit or hearing.(C) Nothing in this section prohibits-(i) the issuance of a general statement based on the reports of a number of persons subject to an order, or statistical data collected therefrom, if such statement or data does not identify the information furnished by any person; or(ii) the publication, by direction of the Secretary, of the name of a person violating an order, together with a statement of the particular provisions of the order violated by such person.(c) Penalty for willful violationsA person who willfully violates subsection (a)(1) or (b) shall, on conviction, be-
(1) subject to a fine of not more than $1,000 or imprisoned for not more than 1 year, or both; and(2) if such person is an employee of the Department of Agriculture or the Board, removed from office.Pub. L. 99-198, title XVI, §1621, Dec. 23, 1985, 99 Stat. 1617.STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Jan. 1, 1986, see section 1631 of Pub. L. 99-198 set out as a note under section 4801 of this title.
- Board
- The term "Board" means the National Pork Board established under section 4808 of this title.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- State
- The term "State" means each of the 50 States.
- imported
- The term "imported" means entered, or withdrawn from a warehouse for consumption, in the customs territory of the United States.
- importer
- The term "importer" means a person who imports porcine animals, pork, or pork products into the United States.
- order
- The term "order" means a pork and pork products promotion, research, and consumer information order issued under section 4803 of this title.
- person
- The term "person" means an individual, group of individuals, partnership, corporation, association, organization, cooperative, or other entity.
- porcine animal
- The term "porcine animal" means a swine raised for-(A) feeder pigs;(B) seedstock; or(C) slaughter.
- pork product
- The term "pork product" means a product produced or processed in whole or in part from pork.
- pork
- The term "pork" means the flesh of a porcine animal.
- producer
- The term "producer" means a person who produces porcine animals in the United States for sale in commerce.