Page:United States Statutes at Large Volume 114 Part 2.djvu/904

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114 STAT. 1549A-90 PUBLIC LAW 106-387—APPENDIX commercial parties, under such terms and conditions as the Board may prescribe as approved by the Secretary. For the purposes of this subsection, a reference to State of origin does not constitute a reference to a private brand name with regard to any funds credited to, or disbursed by the Board to, a State organization of avocado producers established pursuant to State law. Furthermore, for the purposes of this section, a reference to either State of origin or country of origin does not constitute a reference to a private brand name with regard to any funds credited to, or disbursed by the Board to, any importers association established or certified in accordance with subsection (h)(9)(A). (k) PROHIBITION ON USE OF FUNDS TO INFLUENCE GOVERN- MENTAL ACTION.— (1) IN GENERAL.—Except as otherwise provided in paragraph (2), the order shall prohibit any funds collected by the Board under the order from being used in any manner for the purpose of influencing legislation or government action or policy. (2) EXCEPTION. —Paragraph (1) shall not apply to the development or recommendation of amendments to the order. (1) PROHIBITION OF CONFLICT OF INTEREST.— The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in, any action that would be a conflict of interest. (m) BOOKS AND RECORDS; REPORTS. — (1) IN GENERAL.— The order shall provide that each first handler, producer, and importer subject to the order shall maintain, and make available for inspection, such books and records as are required by the order and file reports at the time, in the manner, and having the content required by the order, to the end that such information is made available to the Secretary gmd the Board as is appropriate for the administration or enforcement of this title, the order, or any regulation issued under this title. (2) CONFIDENTIALITY REQUIREMENT.— (A) IN GENERAL. —Information obtained from books, records, or reports under paragraph (1) shall be kept confidential by all officers and employees of the Department of Agriculture and by the staff and agents of the Board. (B) SUITS AND HEARINGS.—Information described in subparagraph (A) may be disclosed to the public only— (i) in a suit or administrative hearing brought at the request of the Secretary, or to which the Secretary or any officer of the United States is a party, involving the order; and (ii) to the extent the Secretary considers the information relevant to the suit or hearing. (C) GENERAL STATEMENTS AND PUBLICATIONS.—Nothing in this paragraph may be construed to prohibit— (i) the issuance of general statements, based on the reports, of the number of persons subject to the order or statistical data collected from the reports, 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 who violates the order.