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| Reports, Books, and Records | 1223.60 – 1223.62 | ||||||||||
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86 FR 2898, Jan. 13, 2021, unless otherwise noted.
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(a) Each first handler, producer, or importer subject to this subpart shall be required to provide to the Board periodically such information as required by the Board, with the approval of the Secretary, which may include but not be limited to the following:
(1) First handler must report or producer acting as its own first handler:
(i) Number of pounds handled;
(ii) Number of pounds on which an assessment was collected;
(iii) Name, address and other contact information from whom the first handler has collected the assessments on each pound handled; and
(iv) Date collection was made on each pound handled.
(2) Unless provided by Customs, importer must report:
(i) Number of pounds imported;
(ii) Number of pounds on which an assessment was paid;
(iii) Name, address, and other contact information of the importer; and
(iv) Date assessment was paid on each pound imported.
(b) These reports shall accompany the payment of the collected assessments.
Each producer, first handler, and importer subject to this subpart shall maintain and make available for inspection by the Secretary such books and records as are necessary to carry out the provisions of this part, including such records as are necessary to verify any reports required. Such records shall be retained for at least 3 years beyond the fiscal period of their applicability.
All information obtained from books, records, or reports under the Act and this part shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members, producers, importers, or first handlers. 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 by them, and then only in a judicial proceeding or administrative hearing brought at the direction, or on 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 section shall be deemed to prohibit:
(a) The issuance of general statements based upon the reports of the number of persons subject to this subpart or statistical data collected therefrom, which statements will not identify the information furnished by any person; and
(b) 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.