Page:United States Statutes at Large Volume 104 Part 5.djvu/524

 104 STAT. 3846 PUBLIC LAW 101-624—NOV. 28, 1990 (3) GROWER AND GROWER-SHELLER ORGANIZATIONS. —The plan shall provide that the Board may contract with grower and grower-sheller organizations for any other services. Any such contract shall include provisions comparable to those required by paragraph (2). (f) BOOKS AND RECORDS OF BOARD. — (1) IN GENERAL.—The plan shall require the Board to— (A) maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may prescribe; Reports. (B) prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and (C) account for the receipt and disbursement of all funds entrusted to the Board. (2) AUDITS.— The Board shall cause its books gmd records to be audited by an independent auditor at the end of each fiscal year, and a report of such audit to be submitted to the Secretary. (g) PROHIBITION. —The Board shall not engage in any action to, nor shall any funds received by the Board under this subtitle be used to— (1) influence legislation or governmental action, other than recommending to the Secretary amendments to the plan; (2) engage in any action that would be a conflict of interest; or (3) engage in any advertising that may be false or misleading. Gi) BOOKS AND RECORDS. — (1) IN GENERAL.—The plan shall require that each first handler, grower-sheller, or importer shall— Reports- (A) maintain and submit to the Board any reports considered necessary by the Secretary to ensure compliance with this subtitle; and (B) make available during normal business hours, for inspection by employees of the Board or Secretary, such books and records as are necessary to carry out this subtitle, including such records as are necessary to verify any required reports. (2) TIME REQUIREMENT. — The records required under paragraph (1) shall be maintained for 2 years beyond the fiscal period of the applicability of such records. (3) CONFIDENTIALITY. — (A) IN GENERAL.— Except as otherwise provided in this subtitle, all information obtained from books, records, or reports required to be maintained under paragraph (1) shall be kept confidential, and shall not be disclosed to the public by any person. (B) DISCLOSURE.— Information referred to in subparagraph (A) may be disclosed to the public only if— (i) the Secretary considers the information relevant; (ii) the information is revealed in a suit 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; and (iii) the information relates to this subtitle. (C) MISCONDUCT. —Any disclosure of confidential information in violation of subparagraph (A) by any Board member or employee of the Board, except as required by other law

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