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| Books, Records, and Reports | 1219.60 – 1219.65 | |||||||||||||||||||
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67 FR 7264, Feb. 19, 2002, unless otherwise noted.
67 FR 56897, Sept. 6, 2002, unless otherwise noted.
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(a) Each first handler of domestic Hass avocados, producer, and importer subject to this subpart shall report to the administrative staff of the Board, at such times and in such manner as the Board may prescribe, such information as may be necessary for the Board to perform its duties.
(b) First handler reports shall include, but shall not be limited to, the following:
(1) Number of pounds of domestic Hass avocados received during the reporting period;
(2) Number of pounds on which assessments were collected;
(3) Assessments collected during the reporting period;
(4) Name and address of person(s) from whom the first handler collected the assessments on each pound handled;
(5) Date collection was made on each pound handled;
(6) Record of assessments paid, including a statement from the handler that assessments have been paid on all domestic Hass avocados handled during the reporting period; and
(7) Number of pounds exported.
(c) Each importer subject to this subpart may be required to report the following:
(1) Number of pounds of Hass avocados imported during the reporting period;
(2) Number of pounds on which an assessment was paid;
(3) Name and address of the importer;
(4) Date collection was made on each pound imported and to whom payment was made; and
(5) Record of each importation of Hass avocados during such period, giving quantity, variety, date, and port of entry.
Each producer, first handler, and importer subject to this subpart shall maintain and make available for inspection by the employees and agents of the Board and the Secretary, such books and records as are necessary to carry out the provisions of this subpart, and the regulations issued thereunder, including such records as are necessary to verify any reports required. Books and records shall be retained for at least two years beyond the fiscal period of their applicability.
(a) The Board shall maintain such books and records as the Secretary may require. Such books and records shall be made available upon request by the Secretary for inspection and audit.
(b) The Board shall prepare and submit to the Secretary, from time to time, such reports as the Secretary may require.
(c) The Board shall account for the receipt and disbursement of all the funds entrusted to the Board.
(d) The Board shall cause the books and records of the Board to be audited by an independent auditor at the end of each fiscal period. A report of each audit shall be submitted to the Secretary.
(a) All information obtained from the books, records, or reports under the Act, this subpart, and the regulations issued thereunder shall be kept confidential and shall not be disclosed to the public by any person, including all current and former officers, employees, staff and agents of the Department, the Board, and contracting and subcontracting agencies or agreeing parties having access to such information. Only those persons having a specific need for such information to effectively administer the provisions of this subpart shall have access to such information. Only such information so obtained as the Secretary deems relevant shall be disclosed, and then only in a judicial proceeding or administrative hearing brought at the direction, or upon the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this subpart. Nothing in this subpart shall be deemed to prohibit:
(1) The issuance of general statements based upon the reports of the number of persons subject to this subpart or statistical data collected from such reports, if such statements do not identify the information furnished by any person; or
(2) The publication, by direction of the Secretary, of the name of any person who has been adjudged to have violated this subpart, together with a statement of the particular provisions of this subpart violated by such person.
(b) Any disclosure of any confidential information by any employee or agent of the Board shall be considered willful misconduct.
(c) No information on how a person voted in a referendum conducted under the Act shall be made public.
The administrative staff of the Board shall periodically review the list of importers of Hass avocados to determine whether persons on the list are subject to this subpart.
The administrative staff of the Board shall periodically review the list of producers of Hass avocados to determine whether the persons on the list of subject to this subpart. On the request of the Secretary or the Board, the Association shall provide to the Secretary or the administrative staff of the Board the list of producers of Hass avocados.