Page:United States Statutes at Large Volume 110 Part 1.djvu/1079

 PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 1055 (g) PROHIBITION.— (1) IN GENERAL.— Subject to paragraph (2), the Board shall not engage in any action to, nor shall any funds received by the Board under this subtitle be used to— (A) influence legislation or governmental action; (B) engage in an action that would be a conflict of interest; (C) engage in advertising that is false or misleading; or (D) engage in promotion that would disparage other commodities. (2) ACTION PERMITTED. —Paragraph (1) does not preclude— (A) the development and recommendation of amendments to the order; (B) the communication to appropriate government officials 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 canola or rapeseed products directly to a foreign government or political subdivision of a foreign government. (h) BOOKS AND RECORDS.— (1) IN GENERAL.— The order shall require that each producer, first purchaser, or industry member shall— (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) 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 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) MiscONDirCT. —A knowing disclosure of confidential information in violation of subparagraph (A) by an officer or employee of the Board or Department, except as required by other law or allowed under subparagraph (B) or (D), shall be considered a violation of this subtitle. (D) GENERAL STATEMENTS. —Nothing in this paragraph prohibits— (i) the issuance of general statements based on the reports of a number of persons subject to an order

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