[Code of Federal Regulations]
[Title 7, Volume 9]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1160.403]

[Page 199-200]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
                 Orders; Milk) DEPARTMENT OF AGRICULTURE
 
PART 1160_FLUID MILK PROMOTION PROGRAM--Table of Contents
 
                   Subpart_Fluid Milk Promotion Order
 
Sec.  1160.403  Confidential treatment.

    (a) All persons, including agents and former agents of the Board, 
all officers and employees and all former officers and employees of the 
Department, and all officers and all employees and all former officers 
and employees of contracting agencies having access to commercial or 
financial information obtained from such books, records or reports under 
the Act and this subpart shall keep such information confidential, and 
not make it available to Board members. Only those persons, as 
determined by the Secretary, who have a specific need for such 
information in order to effectively administer the provisions of this 
subpart shall have access to such information. In addition, they shall 
disclose only that information the Secretary deems relevant, and then 
only in a suit or administrative hearing brought at the discretion, 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 section, however, shall be deemed to prohibit:
    (1) The issuance of general statements based upon the reports of the 
number of processors, individuals, groups of individuals, partnerships, 
corporations, associations, cooperatives, or other entities subject to 
this subpart or statistical data collected from such sources, which 
statements do not identify the information furnished by any such 
parties, and
    (2) The publication, at the direction of the Secretary, of the name 
of any processor, individuals, group of individuals, partnership, 
corporation, association, cooperative, or other entity that has been 
adjudged to have violated this subpart, together with a statement of the 
particular provisions of the subpart so violated.
    (b) Except as otherwise provided in this subpart, information 
obtained under this subpart may be made available to another agency of 
the Federal Government for a civil or criminal law enforcement activity 
if the activity is

[[Page 200]]

authorized by law and if the head of the agency has made a written 
request to the Secretary specifying the particular information desired 
and the law enforcement activity for which the information is sought.
    (c) Any person violating this section, on conviction, shall be 
subject to a fine of not more than $1,000 or to imprisonment for not 
more than 1 year, or both, and if such person is an agent of the Board 
or an officer or employee of the Department shall be removed from 
office.
    (d) Nothing in this subsection authorizes the Secretary to withhold 
information from a duly authorized committee or subcommittee of 
Congress.

                              Miscellaneous