Title 7, AgricultureRelease 119-110

§6412 Investigations and Power to Subpoena

Title 7 › CHAPTER 93 — PROCESSOR-FUNDED MILK PROMOTION PROGRAM › § 6412

Last updated Sep 22, 2026|Official source

Summary

The Secretary can investigate when needed to run this chapter or to find out if someone broke it or its rules. For those investigations, the Secretary can make people swear oaths and use subpoenas to get any relevant records from anywhere in the United States. At administrative hearings under sections 6410 or 6411, the person running the hearing can also take oaths, subpoena and force witnesses to attend, accept evidence, and order records from anywhere in the United States. If someone refuses a subpoena, the Secretary can ask a U.S. court in the proper district to enforce it. The court can order compliance and punish contempt. Legal papers may be served where the person lives, works, or is found, and hearings must be in the judicial district where the person lives or has a main business.

Full Legal Text

Title 7, §6412

Agriculture, Source: USLM XML via OLRC

(a)Investigations

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

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

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

(b)Subpoenas, oaths, and affirmations

(1)In general

For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, and issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.

(2)Administrative hearings

For the purpose of an administrative hearing held under section 6410 or 6411 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that 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.

(c)Aid of courts

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 such investigation or proceeding is carried on, or where such 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 such person to comply with such a subpoena.

(d)Contempt

Any failure to obey such order of the court may be punished by such court as a contempt thereof.

(e)Process

Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.

(f)Hearing site

The site of any hearings held under section 6410 or 6411 of this title shall be within the judicial district where such person resides or has a principal place of business.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6412

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110