§ 2622. — Investigations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2622]
TITLE 7--AGRICULTURE
CHAPTER 58--POTATO RESEARCH AND PROMOTION
Sec. 2622. Investigations
(a) Administration of oath; subpena; contempts; process; jurisdiction
The Secretary may make such investigations as he deems necessary for
the effective carrying out of his responsibilities under this chapter or
to determine whether any person has engaged or is engaging in any acts
or practices which constitute a violation of any provision of this
chapter, or of any plan, or rule or regulation issued under this
chapter. For the purpose of any 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 issued to, any person, including a handler,
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 contempt thereof. All process in any such case
may be served in the judicial district whereof such person is an
inhabitant or wherever he may be found. The site of any hearings held
under this section shall be within the judicial district where such
person is an inhabitant or has his principal place of business.
(b) Self-incrimination; privilege
No person shall be excused from attending and testifying or from
producing books, papers, and documents before the Secretary, or in
obedience to the subpena of the Secretary, or in any cause or
proceeding, criminal or otherwise, based upon, or growing out of any
alleged violation of this chapter, or of any plan, or rule or regulation
issued thereunder on the ground or for the reason that the testimony or
evidence, documentary or otherwise, required of him may tend to
incriminate him or subject him to a penalty or forfeiture; but no
individual shall be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter, or thing concerning which
he is compelled, after having claimed his privilege against self-
incrimination, to testify or produce evidence, documentary or otherwise,
except that any individual so testifying shall not be exempt from
prosecution and punishment for perjury committed in so testifying.
(Pub. L. 91-670, title III, Sec. 313, Jan. 11, 1971, 84 Stat. 2046; Pub.
L. 101-624, title XIX, Sec. 1943, Nov. 28, 1990, 104 Stat. 3868.)
Amendments
1990--Subsec. (a). Pub. L. 101-624 substituted ``any'' for ``a
handler or any other'' before ``person has engaged'' in first sentence,
and struck out ``handler or other'' after ``judicial district where
such'' in last sentence.
