3-422. Records and reports

A. The department may require affected persons to maintain records about their operation and furnish the records on request to the marketing commission, marketing committee or department to ensure compliance with a marketing order or marketing agreement.

B. The marketing commission, marketing committee or hearing officer may hold a hearing in which persons may be required to testify under oath.

C. All information concerning the businesses of individual producers and shippers, including cartons or equivalent marketed, the dollar value of gross annual sales and audit and inspection records, is not a public record and shall not be disclosed except:

1. By court order.

2. To a person who presents a release signed by the producer or shipper.

3. In an annual report or similar document if individual producers and shippers are not identifiable.

4. In relation to a judicial or administrative proceeding for the purpose of enforcing or administering an order or agreement.

D. All results of elections for a marketing order, marketing agreements, contracts entered into by a marketing commission or marketing committee and annual reports are public records.