110 STAT. 1040 PUBLIC LAW 104-127—APR. 4, 1996 to provide for the independent evaluation of all generic promotion, research, and information activities undertaken under the order. (i) BOOKS AND RECORDS OF PERSONS COVERED BY ORDER.— (1) IN GENERAL. —Each order shall require that producers, first handlers and other persons in the marketing chain as appropriate, and importers covered by the order shall— (A) maintain records sufficient to ensure compliance with the order and regulations; (B) submit to the board established under the order any information required by the board to carry out its responsibilities under the order; and (C) make the records described in subparagraph (A) available, during normal business hours, for inspection by employees or agents of the board or the Department, including any records necessary to verify information required under subparagraph (B). (2) TIME REQUIREMENT. —Any record required to be maintained under paragraph (1) shall be maintained for such time period as the Secretary may prescribe. (3) OTHER INFORMATION.— The Secretary may use, and may authorize the board to use under this subtitle, information regarding persons subject to an order that is collected by the Department under any other law. (4) CONFIDENTIALITY OF INFORMATION. — (A) IN GENERAL. — Except as otherwise provided in this subtitle, all information obtained under paragraph (1) or as part of a referendum under section 518 shall be kept confidential by all officers, employees, and agents of the Department and of the board. (B) DISCLOSURE. —Information referred to in subparagraph (A) may be disclosed only if— (i) the Secretary considers the information relevant; and (ii) the information is revealed 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 Department is a party. (C) OTHER EXCEPTIONS. — This paragraph shall not prohibit— (i) the issuance of general statements based on reports or on information relating to a number of persons subject to an order if the statements do not identify the information furnished by any person; or (ii) the publication, by direction of the Secretary, of the name of any person violating any order and a statement of the particular provisions of the order violated by the person. (D) PENALTY.— Any person who willfully violates this subsection shall be subject, on conviction, to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or both. (5) WITHHOLDING INFORMATION. — This subsection shall not authorize the withholding of information from Congress.
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