7 USC 7488 – Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this subchapter; and
(2) to determine whether any person subject to this subchapter has engaged, or is about to engage, in an act that constitutes or will constitute a violation of this subchapter or of an order or regulation issued under this subchapter.
(b) Oaths, affirmations, and subpoenas
Terms Used In 7 USC 7488
- 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.
- 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.
- order: means an order issued under section 7483 of this title. See 7 USC 7482
- person: means an individual, group of individuals, partnership, corporation, association, or cooperative, or any other legal entity. See 7 USC 7482
- Secretary: means the Secretary of Agriculture. See 7 USC 7482
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: means all of the States. See 7 USC 7482
For the purpose of an investigation under subsection (a), the Secretary 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 records may be required from any place in the United States.
(c) Aid of courts
(1) Request
In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is carried on, or where the person resides or carries on business, in requiring the attendance and testimony of the person and the production of records.
(2) Enforcement order of the court
The court may issue an enforcement order requiring the person to appear before the Secretary to produce records or to give testimony concerning the matter under investigation.
(3) Contempt
A failure to obey an enforcement order of the court under paragraph (2) may be punished by the court as a contempt of the court.
(4) Process
Process in a case under this subsection may be served in the judicial district in which the person resides or carries on business or wherever the person may be found.