Title 7 — AgricultureRelease 119-73

§7449 Investigations and power to subpoena

Title 7 › Chapter CHAPTER 101— - AGRICULTURAL PROMOTION › Subchapter SUBCHAPTER III— - CANOLA AND RAPESEED › § 7449

Last updated Apr 6, 2026|Official source

Summary

The Secretary may investigate to run the program and to find people who broke the rules. To do that, the Secretary can make people swear oaths, call witnesses, gather evidence, and issue subpoenas for records and testimony from anywhere in the United States. The same powers apply to the officer who runs administrative hearings under section 7447 or 7448. If someone ignores a subpoena, the Secretary can ask a federal court where the person lives, works, or where the case is happening to force compliance. A court can order the person to cooperate, and not following the court’s order can be treated as contempt. Legal papers can be served where the person lives, works, or is found, and hearings must be held in the judicial district where the person lives or has a main business.

Full Legal Text

Title 7, §7449

Agriculture — Source: USLM XML via OLRC

(a)The Secretary may make such investigations as the Secretary considers necessary—

(1)for the effective administration of this subchapter; and

(2)to determine whether any person has engaged or is engaging in an act that constitutes a violation of this subchapter, or an order, rule, or regulation issued under this subchapter.

(b)(1)For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, take evidence, and issue subpoenas to 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.

(2)For the purpose of an administrative hearing held under section 7447 or 7448 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena and 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.

(c)In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may invoke 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 order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring the person to comply with the subpoena.

(d)A failure to obey an order of the court under this section may be punished by the court as contempt of the court.

(e)Process may be served on a person in the judicial district in which the person resides or carries on business or wherever the person may be found.

(f)The site of a hearing held under section 7447 or 7448 of this title shall be in the judicial district where the person affected by the hearing resides or has a principal place of business.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7449

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73