Title 7 — Agriculture
Chapter 97 — Fresh Cut Flowers and Fresh Cut Greens Promotion and Information
§ 6809. Investigations and power to subpoena
Statutory text
Investigations
The Secretary may make such investigations as the Secretary considers necessary for the effective administration of this chapter, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this chapter or any order or regulation issued under this chapter.
Subpoenas, oaths, and affirmations
Investigations
For the purpose of making an investigation under subsection (a), the Secretary may administer oaths and affirmations, and issue subpoenas to require the production of any records that are relevant to the inquiry. The production of the records may be required from any place in the United States.
Administrative hearings
For the purpose of an administrative hearing held under section 6807(a)(2) or 6808(c)(3) of this title, the presiding officer may 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 the records may be required from any place in the United States.
Aid of courts
In general
In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) 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 conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b).
Order
The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1).
Failure to obey
Any failure to obey the order of the court may be punished by the court as a contempt of court.
Process
Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business or wherever the person may be found.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993
Pub. L. 103–190 § 10 · 107 Stat. 2266
Enacted · 7 U.S.C. § 6809
(Pub. L. 103–190, § 10, Dec. 14, 1993, 107 Stat. 2288.)
Source evidence
Code source credit
(Pub. L. 103–190, § 10, Dec. 14, 1993, 107 Stat. 2288.)Enacted provision · exact public law section
SEC. 10. INVESTIGATIONS AND POWER TO SUBPOENA. (a) Investigations.— The Secretary may make such investigations as the Secretary considers necessary for the effective administration of this Act, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this Act or any order or regulation issued under this Act. (b) Subpoenas, Oaths, and Affirmations.— (1) Investigations.— For the purpose of making an investigation under subsection (a), the Secretary may administer oaths and affirmations, and issue subpoenas to require the production of any records that are relevant to the inquiry. The production of the records may be required from any place in the United States. (2) Administrative hearings.— For the purpose of an administrative hearing held under section 8(a)(2) or 9(c)(3), the presiding officer may 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 the records may be required from any place in the United States. (c) Aid of Courts.— (1) In general.— In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) 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 conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b). (2) Order.— The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1). (3) Failure to obey.— Any failure to obey the order of the court may be punished by the court as a contempt of court. (4) Process.— Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business or wherever the person may be found.
1 of 1 references resolved to an enrolled provision