7 U.S.C. § 7488 — Investigations and power to subpoena
submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 286 words · no verdicts yet
The Secretary of Agriculture can investigate whether anyone is breaking popcorn marketing rules, and can subpoena witnesses and records anywhere in the U.S. Courts can enforce these subpoenas and punish people who refuse to comply as in contempt.
(a) Investigations: The Secretary may investigate as needed (1) to properly run this subchapter, and (2) to find out whether someone has violated, or is about to violate, this subchapter or an order* or rule under it.
(b) Oaths, affirmations, and subpoenas: For an investigation, the Secretary can administer oaths, subpoena and compel witnesses, take evidence, and demand relevant records, from anywhere in the United States.
(c) Aid of courts
(1) Request: If someone refuses to obey a subpoena, the Secretary can ask a U.S. court, where the investigation is happening or where the person* lives or does business, for help getting their testimony and records.
(2) Enforcement order of the court: The court can order the person to appear before the Secretary, produce records, or testify.
(3) Contempt: If someone disobeys the court's order, the court can punish them for contempt.
(4) Process*: Legal papers in this kind of case can be served wherever the person lives, does business, or can be found.
The Secretary may make such investigations as the Secretary considers necessary—
for the effective administration of this subchapter; and
to determine whether any person* subject to this subchapter has engaged, or is about to engage, in an act that constitutes or will constitute a violation of this subchapter or of an order* or regulation issued under this subchapter.
For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States.
In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is carried on, or where the person resides or carries on business, in requiring the attendance and testimony of the person and the production of records.
The court may issue an enforcement order requiring the person to appear before the Secretary to produce records or to give testimony concerning the matter under investigation.
A failure to obey an enforcement order of the court under paragraph (2) may be punished by the court as a contempt of the court.
Process in a case under this subsection may be served in the judicial district in which the person resides or carries on business or wherever the person may be found.
Source credit: (Pub. L. 104–127, title V, § 579, Apr. 4, 1996, 110 Stat. 1083.)
- 1996Enacted · Pub. L. 104-127 · 110 Stat. 1083
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.
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