§ 499m. — Complaints; procedure, penalties, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC499m]
TITLE 7--AGRICULTURE
CHAPTER 20A--PERISHABLE AGRICULTURAL COMMODITIES
Sec. 499m. Complaints; procedure, penalties, etc.
(a) Investigation by Secretary of Agriculture; inspection of accounts,
records, and memoranda; penalty for refusing inspection
The Secretary or his duly authorized agents shall have the right to
inspect such accounts, records, and memoranda of any commission
merchant, dealer, or broker as may be material (1) in the investigation
of complaints under this chapter, or (2) to the determination of
ownership, control, packer, or State, country, or region of origin in
connection with commodity inspections, or (3) to ascertain whether
section 499i of this title is being complied with, and if any such
commission merchant, dealer, or broker refuses to permit such
inspection, the Secretary may publish the facts and circumstances and/
or, by order, suspend the license of the offender until permission to
make such inspection is given. The Secretary or his duly authorized
agents shall have the right to inspect any lot of any perishable
agricultural commodity covered by this chapter, and if any commission
merchant, dealer, or broker having ownership of or control over such lot
fails or refuses to authorize or allow such inspection, the Secretary
may, after thirty days' notice and an opportunity for a hearing, publish
the facts and circumstances and/or, by order, suspend the license of the
offender for a period not to exceed ninety days.
(b) Inspection of records; surety bond; suspension of license
The Secretary or the Secretary's duly authorized agents, in order to
insure that the prompt payment provision of section 499b(4) of this
title is being complied with, shall from time to time inspect the
accounts, records, and memoranda of any commission merchant, dealer, or
broker determined in a formal disciplinary proceeding under section
499f(b) of this title to have violated such provision. The Secretary may
also require that any such commission merchant, dealer, or broker
furnish, maintain, and from time to time adjust a surety bond in form
and amount satisfactory to the Secretary as assurance that such
commission merchant's, dealer's, or broker's business will be conducted
in accordance with this chapter and that such commission merchant,
dealer, or broker will pay all reparation awards, subject to its right
of appeal under section 499g(c) of this title: Provided, That if such
surety bond is furnished, maintained, and adjusted as required by the
Secretary, the Secretary shall not thereafter inspect the accounts,
records, and memoranda of such commission merchant, dealer, or broker
under this subsection more than once a year. If any such commission
merchant, dealer, or broker refuses to permit such inspection or fails
or refuses to furnish, maintain, or adjust such surety bond, the
Secretary may publish the facts and circumstances and, by order, suspend
the license of the offender until permission to make such inspection is
given or such surety bond is furnished, maintained, or adjusted.
(c) Hearings; subpoenas; oaths; witnesses; evidence
The Secretary, or any officer or employee designated by him for such
purpose, may hold hearings, sign and issue subpoenas, administer oaths,
examine witnesses, receive evidence, and require by subpoena the
attendance and testimony of witnesses and the production of such
accounts, records, and memoranda as may be material for the
determination of any complaint under this chapter.
(d) Disobedience to subpoenas; remedy; contempt
In case of disobedience to a subpoena, the Secretary or any of his
examiners may invoke the aid of any court of the United States in
requiring the attendance and testimony of witnesses and the production
of accounts, records, and memoranda. Any district court of the United
States within the jurisdiction of which any hearing is carried on may,
in case of contumacy or refusal to obey a subpoena issued to any person,
issue an order requiring the person to appear before the Secretary or
his examiner or to produce accounts, records, and memoranda if so
ordered, or to give evidence touching any matter pertinent to any
complaint; and any failure to obey such order of the court shall be
punished by the court as a contempt thereof.
(e) Depositions; production of accounts, records and memoranda
The Secretary may order testimony to be taken by deposition in any
proceeding or investigation or incident to any complaint pending under
this chapter at any stage thereof. Such depositions may be taken before
any person designated by the Secretary and having power to administer
oaths. Such testimony shall be reduced to writing by the person taking
the deposition or under his direction and shall then be subscribed by
the deponent. Any person may be compelled to appear and depose and to
produce accounts, records, and memoranda in the same manner as witnesses
may be compelled to appear and testify and produce accounts, records,
and memoranda before the Secretary or any of his examiners.
(f) Fees and mileage of witnesses
Witnesses summoned before the Secretary or any officer or employee
designated by him shall be paid the same fees and mileage that are paid
witnesses in the courts of the United States, and witnesses whose
depositions are taken and the persons taking the same shall severally be
entitled to the same fees as are paid for like service in the courts of
the United States.
(June 10, 1930, ch. 436, Sec. 13, 46 Stat. 536; July 30, 1956, ch. 786,
Sec. 6, 70 Stat. 727; Pub. L. 91-452, title II, Sec. 205, Oct. 15, 1970,
84 Stat. 928; Pub. L. 95-562, Sec. 3, Nov. 1, 1978, 92 Stat. 2381.)
Codification
Section was formerly classified to section 563 of this title.
Amendments
1978--Subsecs. (b) to (f). Pub. L. 95-562 added subsec. (b) and
redesignated former subsecs. (b) to (e) as (c) to (f), respectively.
1970--Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which
related to immunity from prosecution of any natural person compelled to
testify or produce evidence, documentary or otherwise, after claiming
his privilege against self-incrimination.
1956--Subsec. (a). Act July 30, 1956, permitted inspection of
accounts, records and memoranda to determine ownership, control, packer,
or State, country, or region of origin in connection with commodity
inspection, and to ascertain whether section 499i of this title is being
complied with, and to permit inspection of lots of perishable
agricultural commodities.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452,
set out as an Effective Date; Savings Provision note under section 6001
of Title 18, Crimes and Criminal Procedure.
Section Referred to in Other Sections
This section is referred to in section 2023 of this title.
