§ 4911. — Investigation and power to subpoena.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4911]
TITLE 7--AGRICULTURE
CHAPTER 80--WATERMELON RESEARCH AND PROMOTION
Sec. 4911. Investigation and power to subpoena
(a) The Secretary may make such investigations as the Secretary
deems necessary to carry out effectively the Secretary's
responsibilities under this chapter or to determine whether a person has
engaged or is engaging in any acts or practices that constitute a
violation of any provision of this chapter, or of any plan or regulation
issued under this chapter. For the purpose of an investigation, the
Secretary may administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require the production of
any books, papers, and documents 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. In case of contumacy by, or refusal
to obey a subpoena issued to, any person, including a handler (or an
importer who is subject to the plan), 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 the 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 the court as contempt thereof. All
process in any such case may be served in the judicial district in which
the person is an inhabitant or wherever the person may be found. The
site of any hearing held under this subsection shall be within the
judicial district in which the person is an inhabitant or in which the
person's principal place of business is located.
(b) No person shall be excused from attending and testifying or from
producing books, papers, and documents before the Secretary, or in
obedience to the subpoena of the Secretary, or in any cause or
proceeding, criminal or otherwise, based on, or growing out of, any
alleged violation of this chapter, or of any plan or regulation issued
thereunder, on the grounds that the testimony or evidence, documentary
or otherwise, required of the person may tend to incriminate the person
or subject the person to a penalty or forfeiture. However, no person
shall be prosecuted or subjected to any penalty or forfeiture on account
of any transaction, matter, or thing concerning which the person is
compelled, after having claimed the person's 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. 99-198, title XVI, Sec. 1652, Dec. 23, 1985, 99 Stat. 1628;
Pub. L. 103-189, Sec. 8(h), Dec. 14, 1993, 107 Stat. 2262.)
Amendments
1993--Subsec. (a). Pub. L. 103-189, in first sentence, substituted
``a person'' for ``a handler or any other person'', in fourth sentence,
inserted ``(or an importer who is subject to the plan)'' after ``a
handler'', and in last sentence, substituted ``the person'' for ``the
handler or other person''.
