7-U.S.C.-87F
§87F – Enforcement Provisions
Pathway
Title 7 > Chapter 3 > Section 87f
Details
- Reference: Section 87f
- Legend: §87F – Enforcement Provisions
- USCode Year: 2013
Provision Content
(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(f) Repealed.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, Oct. 15, 1970, 84 Stat. 928
(g) Repealed. Pub. L. 94–582, §19(d), Oct. 21, 1976, 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.
(Aug. 11, 1916, ch. 313, pt. B, §17, as added Pub. L. 90–487, §1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 91–452, title II, §203, Oct. 15, 1970, 84 Stat. 928; Pub. L. 94–582, §19, Oct. 21, 1976, 90 Stat. 2885; Pub. L. 103–156, §§10, 12(o), Nov. 24, 1993, 107 Stat. 1528, 1529; Pub. L. 103–354, title II, §293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
Amendments
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.
Effective Date of 1976 Amendment
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.
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 Oct. 15, 1970, 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.
U.S. Encyclopedia of Law Coverage
7-U.S.C.-79A in the Legal Encyclopedia: Agriculture
In this entry about 7-U.S.C.-79A, find legal reference material, bibliographies and premiere content related to agriculture in the American Encyclopedia of Law, presenting a comprehensive view of the United States agriculture-specific issues, written by authorities in the field.
7-U.S.C.-87D in the Legal Encyclopedia: Standards
In this entry about 7-U.S.C.-87D, find legal reference material, bibliographies and premiere content related to standards in the American Encyclopedia of Law, presenting a comprehensive view of the United States standards-specific issues, written by authorities in the field.
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