7 C.F.R. § 981.70

Records and verification

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Each handler shall keep records which will clearly show the details of his or her receipts of almonds, withholdings, sales, shipments, inventories, reserve disposition, advertising and promotion activities, as well as other pertinent information regarding his or her operation pursuant to the provisions of this part: Provided, that, such records shall be kept in the State of California. Such records shall be retained by the handler for 2 years after the end of the crop year to which they apply. Each handler's premises shall be accessible to authorized representatives of the Board and the Secretary for examination and audit of the aforesaid records and for inspection and observation of almonds. The Board shall make such checks of almonds or audits of each handler's records as it deems appropriate or are requested by the Secretary to ensure that accurate information as required in this part is being furnished by handlers.

[35 FR 11372, July 16, 1970, as amended at 37 FR 3984, Feb. 25, 1972; 61 FR 32921, June 26, 1996; 88 FR 82235, Nov. 24, 2023]

Notes of Decisions

Cited in 2 cases, 1993–2000 · leading case: Vito Balice, Individually & as the Agent of O. R. C. Co. v. U.S. Dep't of Agric., Opinion, 203 F.3d 684 (9th Cir. 2000).

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Vito Balice, Individually & as the Agent of O. R. C. Co. v. U.S. Dep't of Agric., Opinion, 203 F.3d 684 (9th Cir. 2000). · cites it 2× “See 7 C.F.R. § 981.70 (1987). Balice was aware that the USDA had made an ongoing request for records when he forwarded the documents to Italy.”

Cal-Almond, Inc. v. United States Dep't of Agric., 14 F.3d 429 (9th Cir. 1993). “” 7 C.F.R. § 981.70 (1993). The California storage rule helped ensure such accessibility and was thus a “legitimate means of structuring [the agency’s] enforcement authority.”

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