7 U.S. Code § 8314 - Enforcement

(a) Collection of information
(1) In general
The Secretary may gather and compile information and conduct any inspection or investigation that the Secretary considers to be necessary for the administration or enforcement of this chapter.
(2) Subpoenas
(A) In general
The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter  [1] or any matter under investigation in connection with this chapter. [1]
(B) Location of production
The attendance of any witness and production of evidence relevant to the inquiry may be required from any place in the United States.
(C) Enforcement
(i) In general In case of disobedience to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States within the jurisdiction in which the investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, to require the attendance and testimony of any witness, the production of evidence, or the inspection of premises.
(ii) Noncompliance In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary and give evidence concerning the matter in question, produce evidence, or permit the inspection of premises.
(iii) Contempt Any failure to obey the order of the court may be punished by the court as contempt of the court.
(D) Compensation
(i) Witnesses A witness summoned by the Secretary under this chapter shall be paid the same fees and mileage that are paid to a witness in a court of the United States.
(ii) Depositions A witness whose deposition is taken, and the person taking the deposition, shall be entitled to the same fees that are paid for similar services in a court of the United States.
(E) Procedures
(i) Publication The Secretary shall publish procedures for the issuance of subpoenas under this section.
(ii) Review The procedures shall include a requirement that subpoenas be reviewed for legal sufficiency and, to be effective, be signed by the Secretary.
(iii) Delegation If the authority to sign a subpoena is delegated to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek review of the subpoena for legal sufficiency outside that agency.
(b) Authority of Attorney General
The Attorney General may—
(1) prosecute, in the name of the United States, all criminal violations of this chapter that are referred to the Attorney General by the Secretary or are brought to the notice of the Attorney General by any person;
(2) bring an action to enjoin the violation of or to compel compliance with this chapter, or to enjoin any interference by any person with the Secretary in carrying out this chapter, in any case in which the Secretary has reason to believe that the person has violated, or is about to violate this chapter or has interfered, or is about to interfere, with the actions of the Secretary; or
(3) bring an action for the recovery of any unpaid civil penalty, funds under a reimbursable agreement, late payment penalty, or interest assessed under this chapter.
(c) Court jurisdiction
(1) In general
The United States district courts, the District Court of Guam, the District Court of the Northern Mariana Islands, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories and possessions are vested with jurisdiction in all cases arising under this chapter.
(2) Venue
Any action arising under this chapter may be brought, and process may be served, in the judicial district where a violation or interference occurred or is about to occur, or where the person charged with the violation, interference, impending violation, impending interference, or failure to pay resides, is found, transacts business, is licensed to do business, or is incorporated.
(3) Exception
Paragraphs (1) and (2) do not apply to sections 8309 (c) and 8313 (b) of this title.


[1]  See References in Text note below.

Source

(Pub. L. 107–171, title X, § 10415,May 13, 2002, 116 Stat. 505; Pub. L. 110–234, title XI, § 11012(b),May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11012(b),June 18, 2008, 122 Stat. 1664, 2122.)
References in Text

This chapter, referred to in subsec. (a)(2)(A), was in the original “this title”, and was translated as reading “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, to reflect the probable intent of Congress.
Codification

Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
Amendments

2008—Subsec. (a)(2)(A). Pub. L. 110–246, § 11012(b)(1), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “The Secretary shall have power to issue a subpoena to compel the attendance and testimony of any witness and the production of any documentary evidence relating to the administration or enforcement of this chapter or any matter under investigation in connection with this chapter.”
Subsec. (a)(2)(B). Pub. L. 110–246, § 11012(b)(2), struck out “documentary” before “evidence”.
Subsec. (a)(2)(C)(i). Pub. L. 110–246, § 11012(b)(3)(A), substituted “testimony of any witness, the production of evidence, or the inspection of premises” for “testimony of any witness and the production of documentary evidence”.
Subsec. (a)(2)(C)(ii). Pub. L. 110–246, § 11012(b)(3)(B), substituted “question, produce evidence, or permit the inspection of premises” for “question or to produce documentary evidence”.
Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234by Pub. L. 110–246effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 ofPub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Transfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

7 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


7 CFR - Agriculture

7 CFR Part 330 - FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE

7 CFR Part 354 - OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES

9 CFR - Animals and Animal Products

9 CFR Part 49 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR Part 50 - ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

9 CFR Part 51 - ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

9 CFR Part 52 - SWINE DESTROYED BECAUSE OF PSEUDORABIES

9 CFR Part 53 - FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

9 CFR Part 54 - CONTROL OF SCRAPIE

9 CFR Part 55 - CONTROL OF CHRONIC WASTING DISEASE

9 CFR Part 56 - CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA

9 CFR Part 70 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR Part 71 - GENERAL PROVISIONS

9 CFR Part 72 - TEXAS (SPLENETIC) FEVER IN CATTLE

9 CFR Part 73 - SCABIES IN CATTLE

9 CFR Part 74 - PROHIBITION OF INTERSTATE MOVEMENT OF LAND TORTOISES

9 CFR Part 75 - COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND ZEBRAS

9 CFR Part 77 - TUBERCULOSIS

9 CFR Part 78 - BRUCELLOSIS

9 CFR Part 79 - SCRAPIE IN SHEEP AND GOATS

9 CFR Part 80 - JOHNE'S DISEASE IN DOMESTIC ANIMALS

9 CFR Part 81 - CHRONIC WASTING DISEASE IN DEER, ELK, AND MOOSE

9 CFR Part 82 - EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDI-OSIS

9 CFR Part 83 - VIRAL HEMORRHAGIC SEPTICEMIA

9 CFR Part 85 - PSEUDORABIES

9 CFR Part 86 - ANIMAL DISEASE TRACEABILITY

9 CFR Part 91 - INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

9 CFR Part 92 - IMPORTATION OF ANIMALS AND ANIMAL PRODUCTS: PROCEDURES FOR REQUESTING RECOGNITION OF REGIONS

9 CFR Part 93 - IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

9 CFR Part 94 - RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

9 CFR Part 95 - SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

9 CFR Part 96 - RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS OFFERED FOR ENTRY INTO THE UNITED STATES

9 CFR Part 97 - OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

9 CFR Part 98 - IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

9 CFR Part 99 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR Part 122 - ORGANISMS AND VECTORS

9 CFR Part 123 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE VIRUS-SERUM-TOXIN ACT

9 CFR Part 130 - USER FEES

9 CFR Part 145 - NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY

9 CFR Part 146 - NATIONAL POULTRY IMPROVEMENT PLAN FOR COMMERCIAL POULTRY

9 CFR Part 147 - AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

9 CFR Part 149 - VOLUNTARY TRICHINAE CERTIFICATION PROGRAM

9 CFR Part 160 - DEFINITION OF TERMS

9 CFR Part 161 - REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

9 CFR Part 162 - RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF VETERINARIANS' ACCREDITATION

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.