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Title 7, AgricultureRelease 119-110

§8314 Enforcement

Title 7 › CHAPTER 109 — ANIMAL HEALTH PROTECTION › § 8314

Last updated Sep 23, 2026|Official source

Summary

The Secretary can collect information, inspect places, and investigate anything needed to run or enforce this chapter. The Secretary can issue subpoenas to make people come and testify, hand over evidence (like papers, electronic files, or other items), or let officials inspect premises anywhere in the United States. If someone refuses a subpoena, the Secretary can ask the Attorney General to go to federal court to force compliance. A court can order the person to cooperate and can punish anyone who disobeys. Witnesses and depositions get the same fees and travel pay as in federal courts. The Secretary must publish rules for subpoenas, have them checked for legal sufficiency, and sign them. If signing is delegated outside the Office of Administrative Law Judges, the delegated agency must get legal review from another agency. The Attorney General can criminally prosecute violations the Secretary refers or that anyone reports. The Attorney General can also sue to stop violations or interference with the Secretary, and can sue to recover unpaid civil penalties, reimbursable funds, late-payment penalties, or interest. Federal district courts and specified territorial courts have authority over cases under this chapter. Cases may be brought where the violation happened or where the person lives, is found, does business, is licensed, or is incorporated. The rules about which courts hear cases and where to file do not apply to sections 8309(c) and 8313(b).

Full Legal Text

Title 7, §8314

Agriculture, Source: USLM XML via OLRC

(a)Collection of information
(1)In general
The Secretary may gather and compile information and conduct any inspection or investigation that the Secretary considers to be necessary for the administration or enforcement of this chapter.
(2)Subpoenas
(A)In general
The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter or any matter under investigation in connection with this chapter.
(B)Location of production
The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.
(C)Enforcement
(i)In general
In case of disobedience to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States within the jurisdiction in which the investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, to require the attendance and testimony of any witness, the production of evidence, or the inspection of premises.
(ii)Noncompliance
In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary and give evidence concerning the matter in question, produce evidence, or permit the inspection of premises.
(iii)Contempt
Any failure to obey the order of the court may be punished by the court as contempt of the court.
(D)Compensation
(i)Witnesses
A witness summoned by the Secretary under this chapter shall be paid the same fees and mileage that are paid to a witness in a court of the United States.
(ii)Depositions
A witness whose deposition is taken, and the person taking the deposition, shall be entitled to the same fees that are paid for similar services in a court of the United States.
(E)Procedures
(i)Publication
The Secretary shall publish procedures for the issuance of subpoenas under this section.
(ii)Review
The procedures shall include a requirement that subpoenas be reviewed for legal sufficiency and, to be effective, be signed by the Secretary.
(iii)Delegation
If the authority to sign a subpoena is delegated to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek review of the subpoena for legal sufficiency outside that agency.
(b)Authority of Attorney General
The Attorney General may—
(1)prosecute, in the name of the United States, all criminal violations of this chapter that are referred to the Attorney General by the Secretary or are brought to the notice of the Attorney General by any person;
(2)bring an action to enjoin the violation of or to compel compliance with this chapter, or to enjoin any interference by any person with the Secretary in carrying out this chapter, in any case in which the Secretary has reason to believe that the person has violated, or is about to violate this chapter or has interfered, or is about to interfere, with the actions of the Secretary; or
(3)bring an action for the recovery of any unpaid civil penalty, funds under a reimbursable agreement, late payment penalty, or interest assessed under this chapter.
(c)Court jurisdiction
(1)In general
The United States district courts, the District Court of Guam, the District Court of the Northern Mariana Islands, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories and possessions are vested with jurisdiction in all cases arising under this chapter.
(2)Venue
Any action arising under this chapter may be brought, and process may be served, in the judicial district where a violation or interference occurred or is about to occur, or where the person charged with the violation, interference, impending violation, impending interference, or failure to pay resides, is found, transacts business, is licensed to do business, or is incorporated.
(3)Exception
Paragraphs (1) and (2) do not apply to section 8309(c) and 8313(b) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(2)(A), was in the original “this title”, and was translated as reading “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, to reflect the probable intent of Congress. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Subsec. (a)(2)(A). Pub. L. 110–246, § 11012(b)(1), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “The Secretary shall have power to issue a subpoena to compel the attendance and testimony of any witness and the production of any documentary evidence relating to the administration or

Enforcement

of this chapter or any matter under investigation in connection with this chapter.” Subsec. (a)(2)(B). Pub. L. 110–246, § 11012(b)(2), struck out “documentary” before “evidence”. Subsec. (a)(2)(C)(i). Pub. L. 110–246, § 11012(b)(3)(A), substituted “testimony of any witness, the production of evidence, or the inspection of premises” for “testimony of any witness and the production of documentary evidence”. Subsec. (a)(2)(C)(ii). Pub. L. 110–246, § 11012(b)(3)(B), substituted “question, produce evidence, or permit the inspection of premises” for “question or to produce documentary evidence”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title.

Transfer of Functions

For

Transfer of Functions

of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see section 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

7 U.S.C. § 8314

Title 7, Agriculture

Last Updated

Sep 23, 2026

Release point: 119-110