§ 4317. — Investigations; subpena powers, etc.; enforcement.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC4317]
TITLE 7--AGRICULTURE
CHAPTER 74--FLORAL RESEARCH AND CONSUMER INFORMATION
Sec. 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.
(Pub. L. 97-98, title XVII, Sec. 1718, Dec. 22, 1981, 95 Stat. 1357.)
