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Title 7 — Agriculture

Chapter 3 — Grain Standards

§ 87f. Enforcement provisions

Statutory text

(a)

Subpena power

For the purposes of this chapter, the Secretary shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person with respect to whom such authority is exercised; and the Secretary shall have power to require by subpena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation by the Secretary, and may administer oaths and affirmations, examine witnesses, and receive evidence.

(b)

Disobedience of subpena

Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. In case of disobedience to a subpena the Secretary may invoke the aid of any court designated in subsection (h) of this section in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(c)

Court order requiring attendance and testimony of witnesses

Any such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Secretary or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(d)

Fees and mileage costs of witnesses

Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses from whom depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

(e)

Violation of subpena as misdemeanor

Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce documentary evidence, if in the power of the person to do so, in obedience to the subpena or lawful requirement of the Secretary, shall be guilty of a misdemeanor, and upon conviction thereof be subject to imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine.

(f)

Repealed. Pub. L. 91–452, title II, § 203, , 84 Stat. 928

(g)

Repealed. Pub. L. 94–582, § 19(d), , 90 Stat. 2886

(h)

District court jurisdiction

The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories and possessions of the United States shall have jurisdiction in cases arising under this chapter.

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.

  1. Pub. L. 90–487 § 1 · 82 Stat. 761

    Enacted · 7 U.S.C. § 87f

    Aug. 11, 1916, ch. 313, pt. B, § 17, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768

    Source evidence

    Code source credit
    Aug. 11, 1916, ch. 313, pt. B, § 17, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768

  2. Organized Time Control Act of 1970

    Pub. L. 91–452 title II § 203 · 84 Stat. 922

    Struck · 7 U.S.C. § 87f(f)

    Pub. L. 91–452 struck out subsec. (f) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 91–452 struck out subsec. (f) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination.

    Enacted provision · exact public law section
    Sec. 203. Subsection if) of section 17 of the United States Grain Standards Act (82 Stat. 768; 7 U.S.C. § 87f (f)), is repealed.

  3. United States Grain Standards Act of 1976

    Pub. L. 94–582 § 19(a) · 90 Stat. 2867

    1. Substituted · 7 U.S.C. § 87f(a)

      Pub. L. 94–582, § 19(a), (b), substituted “Administrator” for “Secretary” in two places

    2. Inserted · 7 U.S.C. § 87f(a)

      Pub. L. 94–582, § 19(a), (b), inserted “by the Administrator” after “under investigation”, respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–582, § 19(a), (b), substituted “Administrator” for “Secretary” in two places and inserted “by the Administrator” after “under investigation”, respectively.

    Enacted provision · exact public law section
    (a) by striking out the word “Secretary” wherever it appears and inserting in lieu thereof the word “Administrator”;

    Effective date note
    Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

  4. United States Grain Standards Act of 1976

    Pub. L. 94–582 § 19(a) · 90 Stat. 2867

    Substituted · 7 U.S.C. § 87f(b)(d)

    Pub. L. 94–582, § 19(a), substituted “Administrator” for “Secretary” in subsecs. (b) to (d)

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 94–582, § 19(a), substituted “Administrator” for “Secretary” in subsecs. (b) to (d).

    Enacted provision · exact public law section
    (a) by striking out the word “Secretary” wherever it appears and inserting in lieu thereof the word “Administrator”;

    Effective date note
    Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

  5. United States Grain Standards Act of 1976

    Pub. L. 94–582 § 19(a) · 90 Stat. 2867

    1. Substituted · 7 U.S.C. § 87f(e)

      Pub. L. 94–582, § 19(a), (c), substituted “Administrator” for “Secretary”

    2. Inserted · 7 U.S.C. § 87f(e)

      Pub. L. 94–582, § 19(a), (c), inserted “subsection (a) of” before “section 87c of this title”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–582, § 19(a), (c), substituted “Administrator” for “Secretary” and inserted “subsection (a) of” before “section 87c of this title”.

    Enacted provision · exact public law section
    (a) by striking out the word “Secretary” wherever it appears and inserting in lieu thereof the word “Administrator”;

    Effective date note
    Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

  6. United States Grain Standards Act of 1976

    Pub. L. 94–582 § 19(d) · 90 Stat. 2867

    Struck · 7 U.S.C. § 87f(g)

    Pub. L. 94–582, § 19(d), struck out subsec. (g) which made unlawful disclosure of information by an officer or employee of the Department of Agriculture a misdemeanor, subject to the penalties set forth in section 87c of this title

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 94–582, § 19(d), struck out subsec. (g) which made unlawful disclosure of information by an officer or employee of the Department of Agriculture a misdemeanor, subject to the penalties set forth in section 87c of this title.

    Enacted provision · exact public law section
    (d) by striking out subsection (g).

    Effective date note
    Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

  7. United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12 · 107 Stat. 1525

    Substituted · 7 U.S.C. § 87f(e)

    Pub. L. 103–156, § 12(o), which directed amendment of “Section 17(e)” by substituting “the power of the person” for “his power”, without specifying the name of the Act being amended, was executed to this section, which is section 17 of the United States Grain Standards Act, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–156, § 12(o), which directed amendment of “Section 17(e)” by substituting “the power of the person” for “his power”, without specifying the name of the Act being amended, was executed to this section, which is section 17 of the United States Grain Standards Act, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    SEC. 12. ELIMINATION OF GENDER-BASED REFERENCES. (a) Section 3 (7 U.S.C. 75) is amended— (1) in subsection (a), by striking “his delegates” and inserting “delegates of the Secretary”; and (2) in subsection (z), by striking “his delegates” and inserting “delegates of the Administrator”. (b) Section 4(a)(1) (7 U.S.C. 76(a)(1)) is amended by striking “his judgment” and inserting “the judgment of the Administrator”. (c) Section 5 (7 U.S.C. 77) is amended— (1) in subsection (a)(1), by striking “his agent” and inserting “the agent of the shipper”; and (2) in subsection (b), by striking “he” and inserting “the Administrator”. (d) Section 7 (7 U.S.C. 79) is amended— (1) in subsection (a), by striking “he” and inserting “the Administrator”; (2) in subsection (b)— (A) by striking “he” and inserting “the Administrator”; and (B) by striking “his judgment” and inserting “the judgment of the Administrator”; and (3) in subsection (e)(2)— (A) by striking “he” and inserting “the Administrator”; and (B) by striking “his discretion” and inserting “the discretion of the Administrator”. (e) Section 7A(e) (7 U.S.C. 79a(e)) is amended by striking “he” and inserting “the Administrator”. (f) Section 7B(a) (7 U.S.C. 79b(a)) is amended by striking “he” and inserting “the Administrator”. (g) Section 8 (7 U.S.C. 84) is amended— (1) in subsection (a), by striking “him” and inserting “the Administrator”; and (2) in subsections (c) and (f), by striking “he” each place it appears and inserting “the Administrator”. (h) Section 9 (7 U.S.C. 85) is amended— (1) by striking “him” and inserting “the licensee”; and (2) by striking “his license” and inserting “the license”. (i) Section 10 (7 U.S.C. 86) is amended— (1) in subsection (a), by striking “he” each place it appears and inserting “the Administrator”; and (2) in subsection (b), by striking “he” and inserting “the person”. (j) Section 11 (7 U.S.C. 87) is amended— (1) in subsection (a), by striking “he” and inserting “the Administrator”; and (2) in subsection (b)— (A) in paragraph (1), by striking “he” and inserting “the producer”; and (B) in paragraph (5), by striking “he” each place it appears and inserting “the Administrator”. (k) Section 12 (7 U.S.C. 87a) is amended— (1) in subsection (b), by striking “his judgment” and inserting “the judgment of the Administrator”; and (2) in subsection (c), by striking “he” and inserting “the Administrator”. (l) Section 13(a) (7 U.S.C. 87b(a)) is amended— (1) in paragraph (2), by striking “his representative” and inserting “the representative of the Administrator”; (2) m paragraphs (7) and (8), by striking “his duties” each place it appears and inserting “the duties of the officer, employee, or other person”; and (3) in paragraph (9), by striking “he” and inserting “the person”. (m) Section 14 (7 U.S.C. 87c) is amended— (1) in subsection (a), by striking “he” and inserting “the person”; and (2) in subsection (b), by striking “he” each place it appears and inserting “the Administrator”. (n) Section 15 (7 U.S.C. 87d) is amended by striking “his employment or office” and inserting “the employment or office of the official, agent, or other person”. (o) Section 17(e) (7 U.S.C. 87fle)) is amended by striking “his power” and inserting “the power of the person”. (p) Section 17A (7 U.S.C. 87f–1) is amended— (1) in subsection (a)(2), by striking “he” and inserting “the producer”; and (2) in subsection (c), by striking “he” and inserting “the person”.

  8. United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 10 · 107 Stat. 1525

    Substituted · 7 U.S.C. § 87f(e)

    Pub. L. 103–156, § 10, substituted “imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine” for “the penalties set forth in subsection (a) of section 87c of this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–156, § 10, substituted “imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine” for “the penalties set forth in subsection (a) of section 87c of this title”.

    Enacted provision · exact public law section
    SEC. 10. VIOLATION OF SUBPOENA. Section 17(e) of the United States Grain Standards Act (7 U.S.C. 87Re)) is amended by striking “the penalties set forth in subsection (a) of section 14 of this Act” and inserting “imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine”.

  9. Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 293(a)(7) · 108 Stat. 3178

    Substituted · 7 U.S.C. § 87f(a)(e)

    Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a) to (e). Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (7) except as otherwise provided in this subsection, by striking “Administrator” each place it appears and inserting “Secretary”; and

10 of 11 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1970–1994 · 4 rounds

1994

Subsecs. (a) to (e). Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing.

1993

Subsec. (e). Pub. L. 103–156, § 12(o), which directed amendment of “Section 17(e)” by substituting “the power of the person” for “his power”, without specifying the name of the Act being amended, was executed to this section, which is section 17 of the United States Grain Standards Act, to reflect the probable intent of Congress.

Pub. L. 103–156, § 10, substituted “imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine” for “the penalties set forth in subsection (a) of section 87c of this title”.

1976

Subsec. (a). Pub. L. 94–582, § 19(a), (b), substituted “Administrator” for “Secretary” in two places and inserted “by the Administrator” after “under investigation”, respectively.

Subsecs. (b) to (d). Pub. L. 94–582, § 19(a), substituted “Administrator” for “Secretary” in subsecs. (b) to (d).

Subsec. (e). Pub. L. 94–582, § 19(a), (c), substituted “Administrator” for “Secretary” and inserted “subsection (a) of” before “section 87c of this title”.

Subsec. (g). Pub. L. 94–582, § 19(d), struck out subsec. (g) which made unlawful disclosure of information by an officer or employee of the Department of Agriculture a misdemeanor, subject to the penalties set forth in section 87c of this title.

1970

Subsec. (f). Pub. L. 91–452 struck out subsec. (f) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–582 effective 30 days after , see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

Effective Date of 1970 Amendment

For effective date of amendment by Pub. L. 91–452, and amendment not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following , see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.

Effective Date

For effective date of section, see section 2 of Pub. L. 90–487, set out as an Effective Date of 1968 Amendment note under section 78 of this title.

Credits

1916–1994 · 5 acts
  1. 1916Aug. 11, 1916, ch. 313, pt. B, § 17, as added Pub. L. 90–487, § 1, , 82 Stat. 768
  2. 1970amended Pub. L. 91–452, title II, § 203, , 84 Stat. 928
  3. 1976Pub. L. 94–582, § 19, , 90 Stat. 2885
  4. 1993Pub. L. 103–156, §§ 10, 12(o), , 107 Stat. 1528, 1529
  5. 1994Pub. L. 103–354, title II, § 293(a)(7), , 108 Stat. 3237.
Show as published

(Aug. 11, 1916, ch. 313, pt. B, § 17, as added Pub. L. 90–487, § 1, , 82 Stat. 768; amended Pub. L. 91–452, title II, § 203, , 84 Stat. 928; Pub. L. 94–582, § 19, , 90 Stat. 2885; Pub. L. 103–156, §§ 10, 12(o), , 107 Stat. 1528, 1529; Pub. L. 103–354, title II, § 293(a)(7), , 108 Stat. 3237.)

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