---
kind: "section"
citation: "7 U.S.C. § 4534"
title: "7"
title_heading: "Agriculture"
number: "4534"
heading: "Required terms of order; agreements under order; records"
release: "119-102"
url: "https://uscodex.org/usc/7/4534"
units:
  - "Chapter 76 — Dairy Research and Promotion"
  - "Subchapter II — Dairy Research Program"
---

# §4534. Required terms of order; agreements under order; records

- (a) **Required terms—** The [dairy products](/usc/7/4531.md?p=3) [research](/usc/7/4531.md?p=10) [order](/usc/7/2902.md?p=10) issued under [section 4533(b) of this title](/usc/7/4533.md?p=b) shall—
  - (1) provide for the establishment and administration, by the [Institute](/usc/7/4531.md?p=6), of appropriate scientific [research](/usc/7/4531.md?p=10) activities designed to facilitate the expansion of markets for [dairy products](/usc/7/4531.md?p=3) marketed in the [United States](/usc/7/4531.md?p=12);
  - (2) specify the powers of the [board](/usc/7/4531.md?p=1), including the powers to—
    - (A) receive and evaluate, or on its own initiative develop and budget for, [research](/usc/7/4531.md?p=10) plans or projects designed to—
      - (i) increase the knowledge of human nutritional needs and the relationship of [milk](/usc/7/4531.md?p=7) and [dairy products](/usc/7/4531.md?p=3) to these needs;
      - (ii) improve dairy processing technologies, particularly those appropriate to small- and medium-sized [family farms](/usc/7/1627c.md?p=a-3);
      - (iii) develop new [dairy products](/usc/7/4531.md?p=3); and
      - (iv) appraise the effect of such [research](/usc/7/4531.md?p=10) on the marketing of [dairy products](/usc/7/4531.md?p=3);
    - (B) make recommendations to the [Secretary](/usc/7/4531.md?p=11) regarding such plans and projects;
    - (C) administer the [order](/usc/7/2902.md?p=10) in accordance with its terms and provisions;
    - (D) make rules and regulations to effectuate the terms and provisions of the [order](/usc/7/2902.md?p=10);
    - (E) receive, investigate, and report to the [Secretary](/usc/7/4531.md?p=11) complaints of violations of the [order](/usc/7/2902.md?p=10);
    - (F) recommend to the [Secretary](/usc/7/4531.md?p=11) amendments to the [order](/usc/7/2902.md?p=10);
    - (G) enter into agreements, with the approval of the [Secretary](/usc/7/4531.md?p=11), for the conduct of activities authorized under the [order](/usc/7/2902.md?p=10) and for payment of the cost of such activities with any monies in the [Fund](/usc/7/4531.md?p=5) other than monies appropriated or transferred by the [Secretary](/usc/7/4531.md?p=11) to the [Fund](/usc/7/4531.md?p=5);
    - (H) with the approval of the [Secretary](/usc/7/4531.md?p=11), establish [advisory committees](/usc/7/8101.md?p=2) composed of individuals other than members of the [board](/usc/7/4531.md?p=1), and pay the necessary and reasonable expenses and fees of the members of such [committees](/usc/7/2132.md?p=n); and
    - (I) with the approval of the [Secretary](/usc/7/4531.md?p=11), appoint or employ such [persons](/usc/7/4531.md?p=8), other than members of the [board](/usc/7/4531.md?p=1), as the [board](/usc/7/4531.md?p=1) deems necessary and define the duties and determine the compensation of each;
  - (3) specify the duties of the [board](/usc/7/4531.md?p=1), including the duties to—
    - (A) develop, and submit to the [Secretary](/usc/7/4531.md?p=11) for approval before implementation, any [research](/usc/7/4531.md?p=10) plan or project to be carried out under this subchapter;
    - (B) submit to the [Secretary](/usc/7/4531.md?p=11) for approval, budgets, on a fiscal year basis, of the [board](/usc/7/4531.md?p=1)’s anticipated expenses and disbursements in the administration of the [order](/usc/7/2902.md?p=10), including projected costs of carrying out [dairy products](/usc/7/4531.md?p=3) [research](/usc/7/4531.md?p=10) plans and projects;
    - (C) prepare and make public, at least annually, a report of the [board](/usc/7/4531.md?p=1)’s activities and an accounting for [funds](/usc/7/4531.md?p=5) received and expended by the [board](/usc/7/4531.md?p=1);
    - (D) maintain such books and records (which shall be available to the [Secretary](/usc/7/4531.md?p=11) for inspection and audit) as the [Secretary](/usc/7/4531.md?p=11) may prescribe;
    - (E) prepare and submit to the [Secretary](/usc/7/4531.md?p=11), from time to time, such reports as the [Secretary](/usc/7/4531.md?p=11) may prescribe; and
    - (F) account for the receipt and disbursement of all [funds](/usc/7/4531.md?p=5) entrusted to the [board](/usc/7/4531.md?p=1);
  - (4) prohibit any monies received under this subchapter by the [board](/usc/7/4531.md?p=1) to be used in any manner for the purpose of influencing governmental policy or actions, except as provided in [paragraph (2)(F)](#a-2-F); and
  - (5) require that each [person](/usc/7/4531.md?p=8) receiving [milk](/usc/7/4531.md?p=7) from [producers](/usc/7/4531.md?p=9) for commercial use and any [person](/usc/7/4531.md?p=8) marketing [milk](/usc/7/4531.md?p=7) of that [person](/usc/7/4531.md?p=8)’s own production directly to consumers maintain and make available for inspection by the [Secretary](/usc/7/4531.md?p=11) such books and records as may be required by the [order](/usc/7/2902.md?p=10) and file with the [Secretary](/usc/7/4531.md?p=11) reports at the time, in the manner, and having the content prescribed by the [order](/usc/7/2902.md?p=10).
- (b) **Agreements under order—** Any agreement made under [subsection (a)(2)(G)](#a-2-G) shall provide that—
  - (1) the [person](/usc/7/4531.md?p=8) with whom such agreement is made shall develop and submit to the [board](/usc/7/4531.md?p=1) a [research](/usc/7/4531.md?p=10) plan or project together with a budget that shows estimated costs to be incurred to carry out such plan or project;
  - (2) such plan or project shall become effective on the approval of the [Secretary](/usc/7/4531.md?p=11); and
  - (3) such [person](/usc/7/4531.md?p=8) shall keep accurate records of all of its transactions, account for [funds](/usc/7/4531.md?p=5) received and expended, make periodic reports to the [board](/usc/7/4531.md?p=1) of activities conducted to carry out such plan or project, and submit such other reports as the [Secretary](/usc/7/4531.md?p=11) or the [board](/usc/7/4531.md?p=1) may require.
- (c) **Confidentiality of records; disclosure exceptions; penalty for violation—**
  - (1) Information, books, and records made available to, and reports filed with, the [Secretary](/usc/7/4531.md?p=11) under subsection (a)(6) shall be kept confidential by all officers and employees of the [Department](/usc/7/4531.md?p=2), except that such information, books, records, and reports as the [Secretary](/usc/7/4531.md?p=11) deems relevant may be disclosed by such officers and employees in any suit or administrative proceeding that is brought at the request of the [Secretary](/usc/7/4531.md?p=11) or to which the [Secretary](/usc/7/4531.md?p=11) or any officer of the [United States](/usc/7/4531.md?p=12) is a party, and that involves the [order](/usc/7/2902.md?p=10) issued under [section 4533(b) of this title](/usc/7/4533.md?p=b).
  - (2) [Paragraph (1)](#c-1) shall not be construed to prohibit—
    - (A) the issuance of general statements, based on such information, books, records, and reports, of the number of [persons](/usc/7/4531.md?p=8) subject to the [order](/usc/7/2902.md?p=10) or of statistical data collected from such [persons](/usc/7/4531.md?p=8) if such statements do not specifically identify the data furnished by any one of such [persons](/usc/7/4531.md?p=8); or
    - (B) the publication, at the direction of the [Secretary](/usc/7/4531.md?p=11), of the name of any [person](/usc/7/4531.md?p=8) violating the [order](/usc/7/2902.md?p=10), together with a statement of the particular provisions of the [order](/usc/7/2902.md?p=10) violated by the [person](/usc/7/4531.md?p=8).
  - (3) No information obtained under the [authority](/usc/7/2009aa.md?p=1) of this section may be made available to any agency, officer, or employee of the [United States](/usc/7/4531.md?p=12) for any purpose other than the implementation of this subchapter and any investigatory or enforcement action necessary to implement this subchapter. Any [person](/usc/7/4531.md?p=8) who violates this paragraph shall be subject to a fine of not more than $1,000, or to imprisonment for not more than one year, or both, and, if such [person](/usc/7/4531.md?p=8) is employed by the [board](/usc/7/4531.md?p=1) or the [Department](/usc/7/4531.md?p=2), shall be terminated from such employment.

## Source credit

(Pub. L. 98–180, title I, § 133, as added Pub. L. 99–198, title I, § 121, Dec. 23, 1985, 99 Stat. 1369.)