Title 7 — AgricultureRelease 119-73not60

§4317 Investigations; Subpena Powers, Etc.; Enforcement

Title 7 › Chapter 74— FLORAL RESEARCH AND CONSUMER INFORMATION › § 4317

Last updated Apr 3, 2026|Official source

Summary

The Secretary can investigate when needed to enforce the rules about flowers and plants or to check if a producer, importer, wholesaler, retailer, seller, or any other person broke or is about to break those rules or any orders or regulations under the law. To do this, the Secretary can make people swear to tell the truth, issue subpoenas to bring witnesses, force people to appear, collect testimony, and require books, papers, and documents from anywhere in the United States. If someone refuses to obey a subpoena or cooperate, the Secretary can ask a federal court in the area of the investigation or where the person lives or works to order the person to appear, produce records, or testify. If the person disobeys that court order, the court can punish them for contempt. Court papers can be served where the person lives or is found.

Full Legal Text

Title 7, §4317

Agriculture — Source: USLM XML via OLRC

The Secretary may make such investigations as are deemed necessary to carry out the Secretary’s responsibilities under this chapter or to determine whether a producer, importer, wholesaler, retailer, or other seller of flowers and plants, 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 provisions of this chapter, or of any order, or rule or regulation issued under this chapter. For the purpose of 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 to, any person, including a producer of flowers and plants, 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 processes in any such cases may be served in the judicial district wherein such person is an inhabitant or wherever such person may be found.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4317

Title 7 — Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60