§1314g. Submission of purchase intentions by cigarette manufacturers
(a) Quantity of intended purchases; aggregation not to allow identification
(1) Not later than December 1 of any marketing year with respect to Flue-cured tobacco (or, in the case of the 1986 crop, 14 days after April 7, 1986) and January 15 of any marketing year with respect to Burley tobacco (or, in the case of the 1986 crop, 14 days after April 7, 1986, or January 15, 1986, whichever is later), each domestic manufacturer of cigarettes shall submit to the Secretary a statement, by kind, of the quantity of Flue-cured tobacco and Burley tobacco (for which a national marketing quota is in effect or for which the Secretary has proclaimed a national marketing quota for the next succeeding marketing year) that the manufacturer intends to purchase, directly or indirectly, on the United States auction markets or from producers during the next succeeding marketing year (hereafter in this section referred to as the "quantity of intended purchases").
(2) The Secretary shall aggregate the quantities of intended purchases in a manner that will not allow the identification of the quantity of intended purchases of any manufacturer.
(b) Failure to submit; determination of quantity of intended purchases by Secretary
If any domestic manufacturer of cigarettes fails to submit to the Secretary a statement of the quantity of intended purchases of the manufacturer, as required by this section, the Secretary shall establish the quantity of intended purchases to be attributed to such manufacturer for purposes of this chapter, based on-
(1) the quantity of intended purchases submitted by such manufacturer under this section for the marketing year immediately preceding the marketing year for which the determination is being made; or
(2) if such manufacturer did not submit a statement of the quantity of intended purchases of the manufacturer for the marketing year immediately preceding the marketing year for which the determination is being made, the most recent information available to the Secretary.
(c) Confidentiality of information; disclosure; publication of identity of violators; penalties
(1) All information relating to the quantity of intended purchases that is submitted by domestic manufacturers of cigarettes under this section shall be kept confidential by all officers and employees of the Department of Agriculture.
(2) Such information may only be disclosed by such officers or employees in a suit or administrative hearing-
(A)(i) brought at the direction, or on the request, of the Secretary; or
(ii) to which the Secretary or any officer of the United States is a party; and
(B) involving enforcement of this chapter.
(3) Nothing in this section shall be considered to prohibit the publication, by direction of the Secretary, of the name of any person violating this chapter, together with a statement of the particular provisions of the chapter violated by such person.
(4) Any officer or employee of the Department of Agriculture who violates this subsection, on conviction, shall be-
(A) subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or to both; and
(B) removed from office.
(d) Exemption from public disclosure
Notwithstanding any other provision of law, a statement of the quantity of intended purchases that is submitted under this section shall be exempt from disclosure under section 552 of title 5.
(Feb. 16, 1938, ch. 30, title III, §320A, as added
Effective Date
Section 1103(d) of
Rulemaking Procedures
For implementation of this section by the Secretary of Agriculture without regard to the provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of Title 5, Government Organization and Employees, or in any other directive of the Secretary, see section 1108(c) of
Section Referred to in Other Sections
This section is referred to in sections 1314c, 1314e, 1314h, 1314i, 1445–3 of this title.