§ 87f. — Enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC87f]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 87f. Enforcement provisions
(a) Subpena power
For the purposes of this chapter, the Secretary shall at all
reasonable times have access to, for the purpose of examination, and the
right to copy any documentary evidence of any person with respect to
whom such authority is exercised; and the Secretary shall have power to
require by subpena the attendance and testimony of witnesses and the
production of all such documentary evidence relating to any matter under
investigation by the Secretary, and may administer oaths and
affirmations, examine witnesses, and receive evidence.
(b) Disobedience of subpena
Such attendance of witnesses, and the production of such documentary
evidence, may be required from any place in the United States, at any
designated place of hearing. In case of disobedience to a subpena the
Secretary may invoke the aid of any court designated in subsection (h)
of this section in requiring the attendance and testimony of witnesses
and the production of documentary evidence.
(c) Court order requiring attendance and testimony of witnesses
Any such court within the jurisdiction of which such inquiry is
carried on may, in case of contumacy or refusal to obey a subpena issued
to any person, issue an order requiring such person to appear before the
Secretary or to produce documentary evidence if so ordered, or to give
evidence touching the matter in question; and any failure to obey such
order of the court may be punished by such court as a contempt thereof.
(d) Fees and mileage costs of witnesses
Witnesses summoned before the Secretary shall be paid the same fees
and mileage that are paid witnesses in the courts of the United States,
and witnesses from whom depositions are taken and the persons taking the
same shall severally be entitled to the same fees as are paid for like
services in the courts of the United States.
(e) Violation of subpena as misdemeanor
Any person who shall neglect or refuse to attend and testify, or to
answer any lawful inquiry, or to produce documentary evidence, if in the
power of the person to do so, in obedience to the subpena or lawful
requirement of the Secretary, shall be guilty of a misdemeanor, and upon
conviction thereof be subject to imprisonment for not more than 1 year
or a fine of not more than $10,000 or both the imprisonment and fine.
(f) Repealed. Pub. L. 91-452, title II, Sec. 203, Oct. 15, 1970, 84
Stat. 928
(g) Repealed. Pub. L. 94-582, Sec. 19(d), Oct. 21, 1976, 90 Stat. 2886
(h) District court jurisdiction
The United States district courts, the District Court of Guam, the
District Court of the Virgin Islands, the highest court of American
Samoa, and the United States courts of the other territories and
possessions of the United States shall have jurisdiction in cases
arising under this chapter.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 17, as added Pub. L. 90-487,
Sec. 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 91-452, title II,
Sec. 203, Oct. 15, 1970, 84 Stat. 928; Pub. L. 94-582, Sec. 19, Oct. 21,
1976, 90 Stat. 2885; Pub. L. 103-156, Secs. 10, 12(o), Nov. 24, 1993,
107 Stat. 1528, 1529; Pub. L. 103-354, title II, Sec. 293(a)(7), Oct.
13, 1994, 108 Stat. 3237.)
Amendments
1994--Subsecs. (a) to (e). Pub. L. 103-354 substituted ``Secretary''
for ``Administrator'' wherever appearing.
1993--Subsec. (e). Pub. L. 103-156, Sec. 12(o), which directed
amendment of ``Section 17(e)'' by substituting ``the power of the
person'' for ``his power'', without specifying the name of the Act being
amended, was executed to this section, which is section 17 of the United
States Grain Standards Act, to reflect the probable intent of Congress.
Pub. L. 103-156, Sec. 10, substituted ``imprisonment for not more
than 1 year or a fine of not more than $10,000 or both the imprisonment
and fine'' for ``the penalties set forth in subsection (a) of section
87c of this title''.
1976--Subsec. (a). Pub. L. 94-582, Sec. 19(a), (b), substituted
``Administrator'' for ``Secretary'' in two places and inserted ``by the
Administrator'' after ``under investigation'', respectively.
Subsecs. (b) to (d). Pub. L. 94-582, Sec. 19(a), substituted
``Administrator'' for ``Secretary'' in subsecs. (b) to (d).
Subsec. (e). Pub. L. 94-582, Sec. 19(a), (c), substituted
``Administrator'' for ``Secretary'' and inserted ``subsection (a) of''
before ``section 87c of this title''.
Subsec. (g). Pub. L. 94-582, Sec. 19(d), struck out subsec. (g)
which made unlawful disclosure of information by an officer or employee
of the Department of Agriculture a misdemeanor, subject to the penalties
set forth in section 87c of this title.
1970--Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which
related to the immunity from prosecution of any individual compelled to
testify or produce evidence, documentary or otherwise, after having
claimed his privilege against self-incrimination.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976,
see section 27 of Pub. L. 94-582, as amended, set out as a note under
section 74 of this title.
Effective Date of 1970 Amendment
For effective date of amendment by Pub. L. 91-452, and amendment 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.
Effective Date
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
Section Referred to in Other Sections
This section is referred to in section 86 of this title.
