Page:United States Statutes at Large Volume 49 Part 1.djvu/806

 74Tx CONGRESS. SESS. I. CH. 641. AUGUST 24, 1935 . 761 such date (prior to the end of the then curr ent marketing per iod) as may be spec ified in such mar keting agreement or order. "(C ) The termination or suspension of any order or amendment thereto or provision thereof, shall not be considered an order within the meaning of this section . " PROVISIONS APPLICABLE TO AMENDMENTS "(17) The provisions of this section, section 8d, and section 8e applicable to orders shall be applicable to amendments to orders Provided, That notice of a hearing upon a proposed amendment to any order issu ed pursuant to se ction 8c, given n ot less than thre e days prior to the date fixe d for such hearin g, shall be deeme d due notice thereof ." SEC. 6. The Agricultural Adjustment Act, as amended, is further amended by striking out subsection (4) of section 8 thereof and adding after section 8c thereof the following new sections " BOOKS AND RECORDS " SEC. 8d. (1) All parties to any marketing agreement, and all hand lers subje ct to an or der, shall sever ally, from time to ti me, u pon the reques t of the Secretar y, furnish him wi th such informati on as he finds to be necessary to enable him to ascertain and determine the extent to which such agreement or order has been carried out or has effectuated the declared policy of this title, and with such informa- tion as he finds to be nece ssary to determin e whether or not there has been any abuse of the privilege of exemptions from the antitrust laws. Such information shall be furnished in accordance with forms of reports to be prescribed by the Secretary. For the pu rpose of ascertaining the correctness of any report made to the Secretary pur- suant to this subsection, or for the purpose of obtaining the infor- mation required in any such report, where it has been requested and has not been furnished, the Secretary is hereby authorized to examine such books, papers, records, copies of income-tax reports, accounts, correspondence, contracts, documents, or memoranda, as he deems relevant and which are within the control (1) of any such party to such marketing agreement, or any such handler, from whom such report was requested or (2) of any person having, either directly or indirectly, actual or legal control of or over such party or such handler or (3) of any subsidiary of any such party, handler, or pers on. "( 2) Notwithstanding the provisions of section 7, all information furnished to or acquired by the Secretary of Agriculture pursuant to this section shall be kept confidential by all officer s and employees o f the Depa rtment of Agricultu re and on ly such in formation so furnished or acquired as the Secretary deems relevant shall be dis- closed by them, and then only in a suit or administrative hearing b rought at the dir ection, or upon t he request, of th e Secretary of Agriculture, or to which he or any officer of the United States is a party, and involving the marketing agreement or order with refer- ence to which the information so to be disclosed was furnished or acquired . Nothing in this section shall be deemed to prohibit (A) the issuance of general statements based upon the reports of a num- ber of parties to a marketing agreement or of handlers subject to an order, which statements do not identify the information furnished by any person, or (B) the publication by direction of the Secretary, of the name of any person violating any marketing agreement or any order, together with a statement of the particular provisions Termination not con- sidered an order. Pro visi ons app lica ble to amendments. Post, p. 762. Pro viso. Notice of hearing. Vol.48,p.35; U.S. C.,p.158. Books and records. Information from parties to marketing agre ement. Form of reports. Access to books, etc. Confidential nature of information. Issuance of general statements. Publicatio n of viola- tions of marketing agr eements.