View all text of Part 180 [§ 180.1 - § 180.4]

§ 180.1 - General administration.

(a) Confidentiality. The Secretary shall make information obtained under this part available to the public only in a manner that ensures that confidentiality is preserved regarding —

(1) The identity of persons, including parties to a contract; and

(2) Proprietary business information.

(b) Disclosure by Federal Government employees—(1) In general. Subject to paragraph (b)(2) of this section, no officer, employee, or agent of the United States shall, without the consent of the packer or other person concerned, divulge or make known in any manner, any facts or information regarding the business of the packer or other person that was acquired through reporting required under this part.

(2) Exceptions. Information obtained by the Secretary under this part may be disclosed—

(i) To agents or employees of the Department of Agriculture in the course of their official duties under this part;

(ii) As directed by the Secretary or the Attorney General, for enforcement purposes; or

(iii) By a court of competent jurisdiction.

(3) Disclosure under Freedom of Information Act. Notwithstanding any other provision of law, no facts or information obtained under this part shall be disclosed in accordance with section 552 of title 5, United States Code.

(c) Regional reporting. The Secretary shall make information obtained under this part available to the public only in a manner that ensures that the information is published on a national or regional basis as the Secretary determines to be appropriate.

(d) Adjustments. Prior to the publication of any contract information obtained under this part, the Secretary may make reasonable adjustments to address aberrations or other unusual or unique occurrences that the Secretary determines would distort the published information to the detriment of producers, packers, or other market participants.

(e) Reporting methods. Information required to be reported under this part shall be reported by electronic means in the manner prescribed by the Secretary. Information may be reported in an alternative manner in emergencies or in cases when an alternative method is agreed to by both the entity required to report and the Secretary.

(f) Verification. The Secretary may take such actions as are necessary to verify the accuracy of the information submitted or reported under this part.

(g) Noncompliance. The Secretary may refer instances of non-compliance with this part to the appropriate office of the Department for further investigation.