7 USC 4317 – Investigations; subpena powers, etc.; enforcement
The Secretary may make such investigations as are deemed necessary to carry out the Secretary’s responsibilities under this chapter or to determine whether a producer, importer, wholesaler, retailer, or other seller of flowers and plants, or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this chapter, or of any order, or rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, including a producer of flowers and plants, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All processes in any such cases may be served in the judicial district wherein such person is an inhabitant or wherever such person may be found.
Terms Used In 7 USC 4317
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- flowers and plants: means cut flowers, potted flowering plants, foliage plants, and propagational material. See 7 USC 4302
- importer: means any person who imports cut flowers, potted flowering plants, or foliage plants from outside of the United States or who acts as an agent, broker, or consignee of any person or nation that produces flowers and plants outside of the United States for sale in the United States. See 7 USC 4302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. See 7 USC 4302
- producer: means any person who produces domestically, for sale in commerce, cut flowers, potted flowering plants, or foliage plants. See 7 USC 4302
- Secretary: means the Secretary of Agriculture of the United States Department of Agriculture. See 7 USC 4302
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: means the fifty States of the United States of America, the territories and possessions of the United States of America, and the District of Columbia. See 7 USC 4302