Title 7, AgricultureRelease 119-110

§7469 Investigations and Power to Subpoena

Title 7 › CHAPTER 101 — AGRICULTURAL PROMOTION › SUBCHAPTER IV — KIWIFRUIT › § 7469

Last updated Sep 22, 2026|Official source

Summary

The Secretary can investigate to do the job required by this subchapter and to find out if someone broke this subchapter or its orders, rules, or regulations. For investigations and for administrative hearings under sections 7467 or 7468, the Secretary and the hearing officer can take sworn testimony, issue subpoenas for records, and require witnesses or documents from anywhere in the United States. If someone refuses a subpoena, the Secretary can ask a federal court where the person lives, works, or where the case is happening to enforce it. The court can order compliance and punish failure as contempt. Legal papers can be served where the person lives, works, or is found. Hearings must be held in the judicial district where the person lives or has a main business.

Full Legal Text

Title 7, §7469

Agriculture, Source: USLM XML via OLRC

(a)In general

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

(1)for the effective carrying out of the responsibilities of the Secretary under this subchapter; or

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

(b)Power to subpoena

(1)Investigations

For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may issue subpoenas 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 7467 or 7468 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The 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 to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is carried on, or where the person resides or carries on business, to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring the person to comply with the subpoena.

(d)Contempt

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

(e)Process

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

(f)Hearing site

The site of any hearing held under section 7467 or 7468 of this title shall be in the judicial district where the person affected by the hearing resides or has a principal place of business.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7469

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110