7 U.S.C. § 4816: Investigations

Summary

The Secretary can make whatever investigations are needed to run this law and to find out if someone has broken it or is about to break it, including breaking any orders, rules, or regulations made under it. To do that, the Secretary can make people swear to tell the truth, order witnesses to come and give testimony, collect evidence, and require relevant records or documents. If someone refuses to obey an order or a subpoena, the Secretary can ask a federal court with proper authority or in the place where the person lives or does business to make them comply. The court can order the person to appear or hand over records. If the person still disobeys, the court can punish them for contempt. Court papers can be served where the person lives or is found.

Title 7, §4816

Agriculture, Source: USLM XML via OLRC

(a)Purposes

The Secretary may make such investigations as the Secretary considers necessary—

(1)for the effective administration of this chapter; or

(2)to determine whether a person subject to this chapter has engaged, or is about to engage, in an act that constitutes, or will constitute, a violation of this chapter or an order, rule, or regulation issued under this chapter.

(b)Oaths and affirmations; subpenas

(1)For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry.

(2)Such attendance of witnesses and the production of such records may be required from any place in the United States.

(c)Judicial enforcement; contempt proceedings; service of process

(1)In the case of contumacy, or refusal to obey a subpoena, by a person, the Secretary may invoke the aid of a court of the United States with jurisdiction over such investigation or proceeding, or where such person resides or does business, in requiring the attendance and testimony of such person and the production of such records.

(2)The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony touching the matter under investigation.

(3)A failure to obey an order issued under this section by the court may be punished by the court as a contempt thereof.

(4)Process in such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

§4816 Investigations

Summary

Title 7, §4816

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata