U.S. Code » Title 7 » Chapter CHAPTER 113— AGRICULTURAL COMMODITY SUPPORT PROGRAMS › Subchapter SUBCHAPTER V— ADMINISTRATION

7 U.S.C. § 8791

Information gathering

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(a) Geospatial systems

The Secretary shall ensure that all the geospatial data of the agencies of the Department of Agriculture are portable and standardized.

(b) Limitation on disclosures(1) Definition of agricultural operation

In this subsection, the term “agricultural operation” includes the production and marketing of agricultural commodities and livestock.

(2) ProhibitionExcept as provided in paragraphs (3) and (4), the Secretary, any officer or employee of the Department of Agriculture, or any contractor or cooperator of the Department, shall not disclose—(A) information provided by an agricultural producer or owner of agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself, in order to participate in programs of the Department; or(B) geospatial information otherwise maintained by the Secretary about agricultural land or operations for which information described in subparagraph (A) is provided.(3) Authorized disclosures(A) Limited release of informationIf the Secretary determines that the information described in paragraph (2) will not be subsequently disclosed except in accordance with paragraph (4), the Secretary may release or disclose the information to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in any Department program—(i) when providing technical or financial assistance with respect to the agricultural operation, agricultural land, or farming or conservation practices; or(ii) when responding to a disease or pest threat to agricultural operations, if the Secretary determines that a threat to agricultural operations exists and the disclosure of information to a person or cooperating government entity is necessary to assist the Secretary in responding to the disease or pest threat as authorized by law.(4) ExceptionsNothing in this subsection affects—(A) the disclosure of payment information (including payment information and the names and addresses of recipients of payments) under any Department program that is otherwise authorized by law;(B) the disclosure of information described in paragraph (2) if the information has been transformed into a statistical or aggregate form without naming any—(i) individual owner, operator, or producer; or(ii) specific data gathering site; or(C) the disclosure of information described in paragraph (2) pursuant to the consent of the agricultural producer or owner of agricultural land.(5) Condition of other programs

The participation of the agricultural producer or owner of agricultural land in, or receipt of any benefit under, any program administered by the Secretary may not be conditioned on the consent of the agricultural producer or owner of agricultural land under paragraph (4)(C).

(6) Waiver of privilege or protection

The disclosure of information under paragraph (2) shall not constitute a waiver of any applicable privilege or protection under Federal law, including trade secret protection.

(Pub. L. 110–234, title I, § 1619, May 22, 2008, 122 Stat. 1022; Pub. L. 110–246, § 4(a), title I, § 1619, June 18, 2008, 122 Stat. 1664, 1750.)Editorial NotesCodification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related SubsidiariesEffective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.

Notes of Decisions
Cited in 14 cases (6 in the last 5 years), 2009–2026 · leading case: Cent. Platte Nat. Resources Dist. v. United States Dep't of Agric., 643 F.3d 1142 (8th Cir. 2011).
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Cent. Platte Nat. Resources Dist. v. United States Dep't of Agric., 643 F.3d 1142 (8th Cir. 2011). · cites it 5× “In making both requests Central Platte acknowledged that the 2008 Farm Bill, codified at 7 U.S.C. § 8791 , prohibits the disclosure of “geospatial information.”
Zanoni v. United States Dep't of Agric., 605 F. Supp. 2d 230 (D.D.C. 2009). · cites it 5× “” 7 U.S.C. § 8791 (b)(2)(A). The FCEA further defines “agricultural operation” to “include[ ] the production and marketing of agricultural commodities and livestock.”
Telematch, Inc. v. AGRI, 45 F.4th 343 (D.C. Cir. 2022). · cites it 4× “7 U.S.C. § 8791 (b)(2). This prohibition on disclosure has four exceptions.”
Ctr. for Biological Diversity v. United States Dep't of Agric., 626 F.3d 1113 (9th Cir. 2010). · cites it 3× “Regarding a prohibition in Section 8791 of the FCEA on disclosure by the USDA of certain geospatial information, 7 U.S.C. § 8791 (b)(2)(B), the district court noted that ‘Wildlife Services responded to the Conservation Groups’ requests for records before the FCEA’s effective…”
Audubon Soc'y v. United States Nat. Resources Conservation Serv., 841 F. Supp. 2d 1182 (D. Or. 2012). · cites it 8× “NRCS released 17 documents to Audubon and withheld the remaining 28 documents under Exemption 3 based on § 1619(b) of the Food, Conservation, and Energy Act (FCEA) of 2008, now codified at 7 U.S.C. § 8791 (b). 4. On October 27, 2009, Audubon appealed the decision of NRCS to Dave…”
Perry v. Dep't of Fin. & Prof'l Reg., 2017 IL App (1st) 161780, 77 N.E.3d 1136. “The district court held that section 8791 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. § 8791 (Supp. II 2009)), which exempted the disclosure of the GPS coordinates, did not apply because it was enacted after the USDA withheld the GPS coordinates.”
Perry v. Dep't of Fin. & Prof'l Reg., 2017 IL App (1st) 161780. “The district court held that section 8791 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. § 8791 (Supp. II 2008)), which exempted the disclosure of the GPS coordinates, did not apply because it was enacted after the USDA withheld the GPS coordinates.”
Zanoni v. United States Dep't of Agric., No. 2008-0939 (D.D.C. Mar. 31, 2009). · cites it 6× “See 7 U.S.C. § 8791 . 6 columns C through Q of the NPIR, though responsive to plaintiff’s claim, were exempt from disclosure under FOIA Exemption (3) because § 1619 of the FCEA of 2008 prohibited disclosure.”
Humane Soc'y of the United States v. United States Dep't of Agric., No. 2017-2570 (D.D.C. June 28, 2021). · cites it 3× “5 The Agency relies on the Food, Conservation and Energy Act, 7 U.S.C. § 8791 (“Section 8791”). See Defs.”
Gov't Acct. Proj. v. Food & Drug Admin., No. 2012-1954 (D.D.C. Aug. 26, 2016). “” (emphasis added)); see also 7 U.S.C. § 8791 (b)(2)(A) (“[A]ny officer or employee of the Department of Agriculture .”
Pub. Just. Found. v. Farm Serv. Agency, 538 F. Supp. 3d 934 (N.D. Cal. 2021). “15 In turn, the cited withholding statute is 7 U.S.C. § 8791 enacted through Section 1619 of 16 the Food, Conservation, and Energy Act of 2008.”
Zeigler v. United States Dep't of Agric., No. 4:19-cv-02633 (D.S.C. Sept. 13, 2021). “Certain emails from the period 2011-2012 were considered either not relevant to the search or withheld pursuant to Exemption 3 (information exempted from release by statute, 7 U.S.C. § 8791 , prohibiting the release of information provided by agricultural producers or owners of…”
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