§2115 — Title 7 Agriculture | U.S. Code

Summary

The Secretary can investigate when needed to do the job required by this law or to find out if a handler or anyone else has broken, or is about to break, its rules or orders. The Secretary may put people under oath, require witnesses to appear and give evidence, collect testimony, and demand any books, papers, or documents that matter to the inquiry from anywhere in the United States. If someone refuses to obey a demand or subpoena, the Secretary can ask a U.S. court where the investigation is happening or where the person lives or works to order that person to appear, produce records, or testify. If the person disobeys the court order, the court can punish them for contempt. Legal papers can be served where the person lives or is found.

Title 7, §2115

Agriculture — Source: USLM XML via OLRC

The Secretary may make such investigations as he deems necessary for the effective carrying out of his responsibilities under this chapter or to determine whether a handler or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or of any order, or rule or regulation issued under this chapter. For the purpose of any such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena issued to, any person, including a handler, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1970—Pub. L. 91–452 struck out designation “(a)” preceding first sentence and struck out subsec. (b) which related to immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an

Savings Provision

note under section 6001 of Title 18, Crimes and Criminal Procedure.

§2115 Investigations by Secretary; Subpenas; Oaths and Affirmations; Judicial Aid