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7 U.S.C. § 2909 — Investigations by Secretary; oaths and affirmations; subpenas; judicial enforcement; contempt proceedings; service of process
Federal law — U.S. Code and appendices · legal_authorities
The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this chapter or to determine whether any person subject to this chapter has engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, the order, or any rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records 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 to, any person, 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 the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.
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Stable record: federal_law:legal_authorities:record_usc_0c9088f48438e62f0c739e43
Source file: Laws/federal/codes/united-states-code/title-7/section-2909-investigations-by-secretary-oaths-and-affirmations-subpenas-judicial-enf--8072f7b326.md
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Source location: Title 7, Chapter 62, § 2909; chapter-062-beef-research-and-information.md
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The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this chapter or to determine whether any person subject to this chapter has engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, the order, or any rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records 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 to, any person, 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 the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Congress finds that—
(1) beef and beef products are basic foods that are a valuable part of human diet;
(2) the production of beef and beef products plays a significant role in the Nation’s economy, beef and beef products are produced by thousands of beef producers and processed by numerous processing entities, and beef and beef products are consumed by millions of people throughout the United States and foreign countries;
(3) beef and beef products should be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment;
(4) the maintenance and expansion of existing markets for beef and beef products are vital to the welfare of beef producers and those concerned with marketing, using, and producing beef products, as well as to the general economy of the Nation;
(5) there exist established State and national organizations conducting beef promotion, research, and consumer education programs that are invaluable to the efforts of promoting the consumption of beef and beef products; and
(6) beef and beef products move in interstate and foreign commerce, and beef and beef products that do not move in such channels of commerce directly burden or affect interstate commerce of beef and beef products.
**(b)** It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all cattle sold in the United States and on cattle, beef, and beef products imported into the United States) and carrying out a coordinated program of promotion and research designed to strengthen the beef industry’s position in the marketplace and to maintain and expand d
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of escrow account** During the period prior to the approval of the continuation of an order pursuant to the referendum required under [section 2906(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906/a&num=0&edition=prelim), subject to subsection (f), the Board shall—
(1) establish an escrow account to be used for assessment refunds;
(2) place funds in such account in accordance with subsection (b); and
(3) refund assessments to persons in accordance with this section.
**(b) Funding escrow account** Subject to subsection (f), the Board shall place in such account, from assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) during the period referred to in subsection (a), an amount equal to the product obtained by multiplying—
(1) the total amount of assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) during such period; by
(2) the greater of—
(A) the average rate of assessment refunds provided to producers under State beef promotion, research, and consumer information programs financed through producer assessments, as determined by the Board; or
(B) 15 percent.
**(c) Demand and receipt of one-time refund** Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this chapter,11 See References in Text note below. any person shall have the right to demand and receive from the Board a one-time refund of all assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2907
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections 2912 to 2918 of this title were omitted in the general revision of this chapter by Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1597.
Section 2912, Pub. L. 94–294, § 13, May 28, 1976, 90 Stat. 535, related to administrative review of orders, petition for such review, a hearing, and judicial review.
Section 2913, Pub. L. 94–294, § 14, May 28, 1976, 90 Stat. 536, related to enforcement of orders, referral of civil actions to Attorney General, penalties for willful violations, and availability of additional remedies. See [section 2908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2908&num=0&edition=prelim).
Section 2914, Pub. L. 94–294, § 15, May 28, 1976, 90 Stat. 536, related to certification of organizations and contents of a factual report as criteria. See [section 2905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2905&num=0&edition=prelim).
Section 2915, Pub. L. 94–294, § 16, May 28, 1976, 90 Stat. 537, provided that nothing in this chapter be construed to interfere with workings of any State beef board, council, or other promotion entity. See [section 2910(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2910/a&num=0&edition=prelim).
Section 2916, Pub. L. 94–294, § 17, May 28, 1976, 90 Stat. 537, authorized Secretary to promulgate regulations to carry out this chapter.
Section 2917, Pub. L. 94–294, § 18, May 28, 1976, 90 Stat. 537, related to investigations by Secretary, oaths and affirmations, subpenas, judicial enforcement, contempt proceedings, and service of process. See [section 2909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-tit
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2912 to 2918
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Federal law — U.S. Code and appendices · legal_authorities
Page 1548
TITLE 7—AGRICULTURE
§ 2908
§ 2908. Enforcement
(a) Restraining order; civil penalty
If the Secretary believes that the administra-
tion and enforcement of this chapter or an order
would be adequately served by such procedure,
following an opportunity for an administrative
hearing on the record, the Secretary may—
(1) issue an order to restrain or prevent a
person from violating an order; and
(2) assess a civil penalty of not more than
$5,000 for violation of such order.
(b) Jurisdiction of district court
The district courts of the United States are
vested with jurisdiction specifically to enforce,
and to prevent and restrain a person from vio-
lating, an order or regulation made or issued
under this chapter.
(c) Civil action to be referred to Attorney Gen-
eral
A civil action authorized to be brought under
this section shall be referred to the Attorney
General for appropriate action.
(Pub. L. 94–294, § 9, May 28, 1976, 90 Stat. 534; Pub.
L. 95–334, title III, § 302, Aug. 4, 1978, 92 Stat. 433;
Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985,
99 Stat. 1605.)
Editorial Notes
AMENDMENTS
1985—Pub. L. 99–198 amended section generally, sub-
stituting provisions relating to enforcement for provi-
sions relating to referendum and cattle producer ap-
proval of orders, reimbursement of expenses by Sec-
retary, procedural requirements, and bonding require-
ments.
1978—Pub. L. 95–334 substituted ‘‘a majority’’ for ‘‘not
less than two-thirds’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–198 effective Jan. 1, 1986,
see section 1601(c) of Pub. L. 99–198, set out as a note
under section 2901 of this title.
§ 2909. Investigations by Secretary; oaths and af-
firmations; subpenas; judicial e
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2909
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