§1314j. Tobacco production and marketing information

(a) In general

Notwithstanding any other provision of law, the Secretary may, subject to subsection (b) of this section, release marketing information submitted by persons relating to the production and marketing of tobacco to State trusts or similar organizations engaged in the distribution of national trust funds to tobacco producers and other persons with interests associated with the production of tobacco, as determined by the Secretary.

(b) Limitations

(1) In general

Information may be released under subsection (a) of this section only to the extent that-

(A) the release is in the interest of tobacco producers, as determined by the Secretary; and

(B) the information is released to a State trust or other organization that is created to, or charged with, distributing funds to tobacco producers or other parties with an interest in tobacco production or tobacco farms under a national or State trust or settlement.

(2) Exemption from release

The Secretary shall, to the maximum extent practicable, in advance of making a release of information under subsection (a) of this section, allow, by announcement, a period of at least 15 days for persons whose consent would otherwise be required by law to effectuate the release, to elect to be exempt from the release.

(c) Assistance

(1) In general

In making a release under subsection (a) of this section, the Secretary may provide such other assistance with respect to information released under subsection (a) of this section as will facilitate the interest of producers in receiving the funds that are the subject of a trust described in subsection (a) of this section.

(2) Funds

The Secretary shall use amounts made available for salaries and expenses of the Department to carry out paragraph (1).

(d) Records

(1) In general

A person that obtains information described in subsection (a) of this section shall maintain records that are consistent with the purposes of the release and shall not use the records for any purpose not authorized under this section.

(2) Penalty

A person that knowingly violates this subsection shall be fined not more than $10,000, imprisoned not more than 1 year, or both.

(e) Application

This section shall not apply to-

(1) records submitted by cigarette manufacturers with respect to the production of cigarettes;

(2) records that were submitted as expected purchase intentions in connection with the establishment of national tobacco quotas; or

(3) records that aggregate the purchases of particular buyers.

(Feb. 16, 1938, ch. 30, title III, §320D, as added Pub. L. 106–47, §1, Aug. 13, 1999, 113 Stat. 228 , and Pub. L. 106–78, title VII, §755(b), Oct. 22, 1999, 113 Stat. 1170 ; amended Pub. L. 106–113, div. B, §1000(a)(5) [title II, §211], Nov. 29, 1999, 113 Stat. 1536 , 1501A-295.)

Codification

Pub. L. 106–47, §1, and Pub. L. 106–78, §755(b), enacted substantially identical sections 320D to act of Feb. 16, 1938. Section 755(b) of Pub. L. 106–78 was repealed by Pub. L. 106–113. This section is based on the text of section 320D of act of Feb. 16, 1938, as added by Pub. L. 106–47, §1.

Amendments

1999-Pub. L. 106–113 repealed Pub. L. 106–78, §755(b). See Codification note above.