United States Department of Agriculture

National Agricultural Statistics Service

Office of the Administrator

Mr. Christopher-Earl Strunk

. 593 Vanderbilt Avenue, #281
Brooklyn, New York 11238-3512

Dear Mr. Strunk:

This is in response to your October 9,2009, letter appealing the denial by the National
Agricultural Statistics Service (NASS), U.S. Department of Agriculture (USDA), for records
sought pursuant to your Freedom of Information Act (FOIA) request assigned FOIA No. 09-046.
Your request specifically sought the "mailing addresses of all the current demographic of New
York farmers enumerated in the current statistics for the state of New York from 2007 thru the
present; and furthermore, all the addresses of the prior demographic of New York's
fmerslfarms enumerated in the prior demographic and statistics from 1967 thru the present,
however, dropped from the current New York statistic enumeration for whatever reason."

I have carefully considered your appeal, and based on my review, I am continuing to uphold the
decision to withhold the mailing addresses pursuant to 5 U.S.C. 552(b)(3) of the FOIA.

NASS conducts surveys pursuant to 7 U.S.C. 2204(a), which authorizes the Secretary of
Agriculture to collect information concerning agriculture. As stated in Ms. Valerie Herberger's
September 30,2009, response to your FOIA request, Section 1770 of the Food Security Act of
1985 (7 U.S.C. 2276) requires USDA to keep information collected under the authority of
7 U.S.C. 2204(a) strictly confidential. More specifically, it provides that information furnished
pursuant to 7 U.S.C. 2204(a), as well as certain other specified provisions, may not be:

"(1) use[d] . . . for a purpose other than the development or reporting of aggregate data in
a manner such that the identity of the person who supplied such information is not
discernable and is not material to the intended use of such information; or
/
(2) disclose[d] . . . to the public, unless such information has been transformed into a
statistical or aggregate form that does not allow the identification of the person who
supplied particular information." 7 U.S.C. 2276(a) and (d)(5).

Exemption 3 of the FOIA protects information specifically exempted from disclosure by

statute . . . ,provided that such statute (A) requires that the matters be withheld from the public
in such a manner as to leave no discretion on the issue, or (B) establishes particular criterion for

Room 5041A-South Building 1400 Independence Avenue, SW - Washington, D.C. 20250-2001

(202) 720-2707 . (202) 720-9013 FAX . www.nass.usda.gov

USDA is an equal opportunity provider and employer.

6'
Mr. Christopher-Earl Strunk

withholding or refers to particular types of matters to be withheld." Section 2276 meets both
prongs of Exemption 3 in that it leaves no discretion, it establishes particular criterion for
withholding, and it refers to particular types of matters to be withheld.

You may seek judicial review of this decision in the appropriate U.S. District Court pursuant to
5 U.S.C. 552(a)(4).
 593 Vanderbilt Avenue - #281
Brooklyn, New York 1 1238
Telephone: (845) 90 1-6767
Email: chris@stnmk.ws
Christopher-Earl: Strunk 6in esse
Cynthia Z.F. Clark, Administrator
U.S. Department of Agriculture
USDA National Agricultural Statistics Service
Room 4 117, South Building
1400 Independence Avenue, SW
Washington DC 20250-300
Subject: APPEAL from the denial of the Request for all the Addresses of
New York's Famterl Farm demographic used in statistics with F.O.I.A.
Tracking No. 09- 159.
Appeal Panel,
I am the FOIA petitioner, Christopher-Earl: Stnmk 6 m esse, and make this statetrrent
under penalty of perjury with 28 USC 1746.
This is an appeal as of right to the total denial of any information requested (') with the above
tracking number, to wit Valerie Herberger on September 30,2009 cited the 5 U.S.C. §552(b)(3)
exemption by other federal statutes (see Exhibit A), as if my request exceeds 7 U.S.C. $2276(a)(2) and 7
USC §2276(b)(2)and were to apply as if it were violative, and to wit I ask for reconsideration in that my
request would not be in violation of the cited requirements.
That the denial is overly broad in its interpretation thereby infn'nges my U.S. Constitution First
amendment right to speech, assembly and association, as well as 5' ,9' and 10" Amendment rights
within New York, also m h e s with state action at the Albany Airport, as if an interstate commerce
matter which it isn't; and as such petitioner is entitled not to have any law interpreted in a fashion that
would construe Congressional intent to abridge my substantive rights as with the First, Fifth, 9&and 10&
Amendments and U.S. Constitution in its entirety and you would agree shall always be protected.
Declarant emphasizes that the FOIA did not request any names but just addresses, there was no
request for any statistics that would apply to the those addresses; and therefore, there is no release that
would be at cross purpose with the intentof the law. Otherwise, the denial would be deemed facially
unconstitutionally overbroad with the intent of the law, and thereby subject to judicial review.
Any communication with a occupant at that address only, if the occupant were in fact still a farmer
much has changed, puts individual responsibility for the ~ p e statistics
~ c if any at the address with the
owner in keeping with the law- otherwise a overbroad law would be prohibited as a catch twenty-two.
If this matter goes the Judicial review route as if the Administrator interpretation of law is overly
broad there would be considerable expense and punitive damages sought with state action also; however,
if upon reconsideration there are anyfees for searching for, reviewing, or copying the records, please let
me know before you task my request for addresses only.

Brooklyn New Yor

Attachment
cc: NYS Department of Agriculture & Markets

'production of electronic data and or access to the mailing addresses of all the current demographic of
New York Farmers enumerated in the current statistics for the state of New York from 2007 thru the
present; and furthermore d l the addresses of the prior demographic of New York's Farmers / Farms
enumerated in the prior demographic and statistics from 1967 thru the present, however, dropped from the
current New York statistic enumeration for whatever reason.
 United States Department of Agriculture

Research, Education and Economics

Agricultural Research Service

September 30,2009

Mr. Christopher-Earl Strunk

593 Vanderbilt Avenue, #28 1
Brooklyn, New York 1 1238-3512

Dear Mr. Strunk:

This is in response to your September 15,2009, Freedom of Information Act (FOIA) request
addressed to the Associate Administrator, National Agricultural Statistics Service (NASS),
U.S. Department of Agriculture (USDA), seeking all addresses of New York's farmers and farm
demographics used in statistics. This office is responsible for administering the FOIA for NASS;
therefore, your request was forwarded to us for a direct response. We received your request on
September 22,2009, and assigned it FOIA Tracking No. 09-159.

You specifically requested "production of electronic data and or access to the mailing addresses
of all the current demographic of New York farmers enumerated in the current statistics for the
State of New York from 2007 t h the present; and all addresses of prior demographic of New
York's farmerslfarms enumerated in the prior demographic and statistics from 1967 thru the
present, however, dropped from the current New York statistics enumeration for whatever
reason."

The information you are requesting regarding mailing addresses is confidential information that
is protected from disclosure pursuant to 5 U.S.C. 552(b)(3) of the FOIA. Exemption 3 of the
FOIA protects information specifically exempted from disclosure by statute. The controlling
statute in this case is 7 U.S.C. 2276, which requires USDA to maintain the confidentiality of this
information. In addition, the statute prohibits disclosure of any of the information in
unaggregated form. It provides that the Department of Agriculture may not "...disclose such
information to the public, unless such information has been transformed into statistical or
aggregate form that does not allow the identification of the person who supplies particular
information" [7 U.S.C. 2276(a)(2)]. It further provides that such information "...shall be
immune from mandatory disclosure of any type including legal process.. ." [7 U.S.C.
2276(b)(2)]. This language leaves us no discretion to attempt to define some portions as exempt
and others as non-exempt. As far as the statute is concerned, all portions in unaggregated form
are exempt from disclosure.

Based on the above, your request for all mailing addresses of New York's farmerslfarm
demographics used in statistics is being denied in full. You have a right to appeal the denial of

Office of the Director, Information Staff

5601 Sunnyside Ave., Bldg. 1-2248, Beltsville, MD 20705-5128
Voice: 301-504-1640 Fax: 301-504-1647 E-mail: valerie.herberger@ars.usda.gov
An Equal Opportunity Employer
Mr. Christopher-Earl Strunk 2

the requested information by writing to the Administrator, NASS, USDA, Room 41 17, South
Building, 1400 Independence Avenue, SW, Washington, DC 20250-0300. That office must
receive the appeal within 45 days of the date of this letter. The phrase "FOIA APPEAL" should
appear on the front of the envelope containing the appeal.

The cost to process your request was minimal and has been waived.

If you have any questions regarding our response, please feel free to contact us at 301-504-1640.

Sincerely,

Valerie Herberger
Freedom of Information Act
and Privacy Act Officer
 Christopher-Earl : Strunk © in esse
593 Vanderbilt Avenue - #281
Brooklyn, New York 11238

September 15, 2009

Certified w/ return receipt request

Joe Reilly, Associate Administrator

U.S. Department of Agriculture
USDA National Agricultural Statistics Service
Room 5041A, South Building
1400 Independence Avenue, SW
Washington DC 20250

Subject: Freedom of Information Law Request for all the Addresses

of New York’s Farmer / Farm demographic used in statistics.

Dear Mr. Reilly,

As of right under the Freedom of Information Act with 5 USC 552, I

hereby request production of electronic data and or access to the mailing
addresses of all the current demographic of New York Farmers enumerated
in the current statistics for the state of New York from 2007 thru the present;
and furthermore all the addresses of the prior demographic of New York’s
Farmers / Farms enumerated in the prior demographic and statistics from
1967 thru the present, however, dropped from the current New York statistic
enumeration for whatever reason. The State of New York Department of
Agriculture and Markets states that USDA National Agricultural Statistics
Service have authority over those records.
If there are any fees for searching for, reviewing, or copying the
records, please let me know before you task my request.
If you deny all or any part of this request, please cite each specific
Exemption you think justifies your refusal to release the information and
notify me of appeal procedures and of a waiver available under the law for
immediate litigation as time is of the essence.

Sincerely yours, /s/

_____________________
Christopher-Earl : Strunk © in esse
 STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
10B AIRLINE DRIVE
ALBANY, NEW YORK 12235

September 9,2009

Mr. Christopher-Earl
593 Vanderbilt Avenue, #281
Brooklyn, NY 11238

Dear Mr. Earl:

The Department of Agriculture and Markets acknowledges receipt of your recent Freedom of
lnformation request mailing address of all current demographic of New York farmers enumerated in
the current NYS statistics from 2007 to the present, and addresses of the prior demographic of New
NY's farmerslfarms enumerated in the prior demographic statistics from 1967 to the present.

Those records are not kept in this Department. They may be located at the USDA, National
Agricultural Statistics Service, Joe Reilly, Associate Administrator, Room 5041A, South Building,
1400 IndependenceAvenue, SW, Washington DC 20250.

If you have any further questions in this matter, do not hesitate to contact us.

- Sincerely,
/--?

Rebecca Smith
Freedom of Information Officer
 Christopher-Earl : Strunk © in esse
593 Vanderbilt Avenue - #281
Brooklyn, New York 11238

August 25, 2009

Certified w/ return receipt request

Patrick Hooker Commissioner of the

NYS Department of Agriculture & Markets
10B Airline Drive
Albany New York 12235

Attention: the F.O.I.L. Officer

Subject: Freedom of Information Law Request for all the Addresses

of New York’s Farmer / Farm demographic used in statistics.

The F.O.I.L. Officer,

As of right under the Freedom of Information Law (F.O.I.L.), I hereby

request production and or access to the mailing addresses of all the current
demographic of New York Farmers enumerated in the current statistics for
the state of New York from 2007 thru the present; and furthermore all the
addresses of the prior demographic of New York’s Farmers / Farms
enumerated in the prior demographic and statistics from 1967 thru the
present, however, dropped from the current New York statistic enumeration
for whatever reason.
If there are any fees for searching for, reviewing, or copying the
records, please let me know before you task my request.
If you deny all or any part of this request, please cite each specific
Exemption you think justifies your refusal to release the information and
notify me of appeal procedures available under the law.

Sincerely yours, /s/

_____________________
Christopher-Earl : Strunk © in esse
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