Page:United States Statutes at Large Volume 104 Part 5.djvu/575

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3897 (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 governmental action or policy. (2) EXCEPTIONS.— Paragraph (1) shall not apply to— (A) the development and recommendation of amendments to the order; (B) the communication to appropriate government of^cials of information relating to the conduct, implementation, or results of promotion, research, consumer information, or industry information activities under the order; or (C) any action designed to market soybeans or soybean products directly to a foreign government or political subdivision thereof. (q) BOOKS AND RECORDS OF FIRST PURCHASERS AND CERTAIN PRODUCERS. — (1) RECORDKEEPING.— (A) IN GENERAL.—The order shall require that each first purchaser of soybeans and any person processing soybeans of that person's own production maintain and make available for inspection by the Board or the Secretary such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order. The order shall exempt small producers processing soybeans of their own production from such recordkeeping and reporting requirements if they are not required to pay assessments under the order. (B) DEFINITION OF SMALL PRODUCER.— The order shall define the term "small producer" as such term is used in subparagraph (A). (2) USE OF INFORMATION. — (A) IN GENERAL.—Information maintained under paragraph (1) shall be made available to the Secretary as is appropriate for the administration or enforcement of this subtitle, or any order or regulation issued under this subtitle. (B) OTHER INFORMATION. — The Secretary shall authorize the use under this subtitle of information regarding first purchasers that is accumulated under a law or regulation other than this subtitle or regulations under this subtitle. (3) CONFIDENTIALITY. — (A) IN GENERAL. —Except as otherwise provided in this subtitle, commercial or financial information that is obtained under paragraph (1) or (2) and that is privileged or confidential shall be kept confidential by all officers and employees of the Department, members of the Board, and agents of the Board. (B) PERMITTED USES.— Information obtained under the authority of this subtitle shall be made available to any agency or officer of the Federal Government for— (i) the implementation of this subtitle; (ii) any investigatory or enforcement action necessary for the implementation of this subtitle; or (iii) any civil or criminal law enforcement activity if the activity is authorized by law.

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