Title 7 — AgricultureRelease 119-73
§7733 Subpoena authority
Title 7 › Chapter CHAPTER 104— - PLANT PROTECTION › Subchapter SUBCHAPTER II— - INSPECTION AND ENFORCEMENT › § 7733
Summary
The Secretary can force people to come and speak, give documents or other evidence (like books, papers or electronic files), or allow inspection of places when needed to run or enforce this law or to investigate matters under it. Those orders can reach people anywhere in the United States. If someone refuses, the Secretary can ask the Attorney General to get a federal court in the area of the investigation or where the person lives, works, is found, is licensed, or is incorporated to enforce the order. A court can require the person to comply, and failure to obey the court can be punished as contempt. Witnesses must get the same fees and travel pay as in U.S. courts, and depositions get the same pay as in those courts. The Secretary must publish rules for issuing these orders. Each order must be legally reviewed and signed by the Secretary, and if signing power is given to an agency other than the Office of Administrative Law Judges, that agency must get legal review from outside itself.
Full Legal Text
Title 7, §7733
Agriculture — Source: USLM XML via OLRC
(a)The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter or any matter under investigation in connection with this chapter.
(b)The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.
(c)In the case of disobedience to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States within the jurisdiction in which the investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, in requiring the attendance and testimony of any witness, the production of evidence, or the inspection of premises. In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary and give evidence concerning the matter in question, produce evidence, or permit the inspection of premises. Any failure to obey the court’s order may be punished by the court as a contempt of the court.
(d)Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid to witnesses in courts of the United States, and witnesses whose depositions are taken and the persons taking the depositions shall be entitled to the same fees that are paid for similar services in the courts of the United States.
(e)The Secretary shall publish procedures for the issuance of subpoenas under this section. Such procedures shall include a requirement that subpoenas be reviewed for legal sufficiency and signed by the Secretary. If the authority to sign a subpoena is delegated to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek review for legal sufficiency outside that agency.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original “this title”, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see
Short Title
note set out under section 7701 of this title and Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical
Amendments
to this section. The
Amendments
by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments
2008—Subsec. (a). Pub. L. 110–246, § 10203(c)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary shall have power to subpoena the attendance and testimony of any witness, and the production of all documentary evidence relating to the administration or
Enforcement
of this chapter or any matter under investigation in connection with this chapter.” Subsec. (b). Pub. L. 110–246, § 10203(c)(2), struck out “documentary” before “evidence”. Subsec. (c). Pub. L. 110–246, § 10203(c)(3), in first sentence substituted “testimony of any witness, the production of evidence, or the inspection of premises” for “testimony of any witness and the production of documentary evidence” and in second sentence substituted “question, produce evidence, or permit the inspection of premises” for “question or to produce documentary evidence”. 2002—Subsec. (b). Pub. L. 107–171, § 10418(b)(2)(A), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “The attendance of any witness and production of documentary evidence may be required from any place in the United States at any designated place of hearing.” Subsec. (e). Pub. L. 107–171, § 10418(b)(2)(B), inserted “to an agency other than the Office of Administrative Law Judges” after “subpoena is delegated”. Subsec. (f). Pub. L. 107–171, § 10418(b)(2)(C), struck out heading and text of subsec. (f). Text read as follows: “Subpoenas for witnesses to attend court in any judicial district or to testify or produce evidence at an administrative hearing in any judicial district in any action or proceeding arising under this chapter may run to any other judicial district.”
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment 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 an
Effective Date
note under section 8701 of this title.
Transfer of Functions
For
Transfer of Functions
of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see section 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Reference
Citations & Metadata
Citation
7 U.S.C. § 7733
Title 7 — Agriculture
Last Updated
Apr 6, 2026
Release point: 119-73