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7 U.S.C. § 87f — Enforcement provisions
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-7/section-87f-enforcement-provisions--f8d3b9cf83.md
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Source location: Title 7, Chapter 3, § 87f; chapter-003-grain-standards.md
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**(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, § 203, Oct. 15, 1970, 84 Stat. 928**
**(g) Repealed. Pub. L. 94–582, § 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person who commits any offense prohibited by [section 87b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87b&num=0&edition=prelim) (except an offense prohibited by paragraphs (a)(7), (a)(8), and (b)(4) in which case the person shall be subject to the general penal statutes in title 18 relating to crimes and offenses against the United States) shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine.
**(b)** Nothing in this chapter shall be construed as requiring the Secretary to report minor violations of this chapter for criminal prosecution whenever the Secretary believes that the public interest will be adequately served by a suitable written notice or warning, or to report any violation of this chapter for prosecution when the Secretary believes that institution of a proceeding under [section 86 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section86&num=0&edition=prelim) will obtain compliance with this chapter and the Secretary institutes such a proceeding.
**(c)** Any officer or employee of the Department of Agriculture assigned to perform weighing functions under this chapter shall be considered as an employee of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of Title 18.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) “agency of the United States” means any executive department as defined in [section 101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section101&num=0&edition=prelim), United States Code, a military department as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim), United States Code, the Nuclear Regulatory Commission, the Board of Governors of the Federal Reserve System, the China Trade Act registrar appointed under 53 Stat. 1432 (15 U.S.C. sec. 143), the Commodity Futures Trading Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Maritime Commission, the Federal Power Commission, the Federal Trade Commission, the Surface Transportation Board, the National Labor Relations Board, the National Transportation Safety Board, the Railroad Retirement Board, an arbitration board established under 48 Stat. 1193 (45 U.S.C. sec. 157), the Securities and Exchange Commission, or a board established under 49 Stat. 31 (15 U.S.C. sec. 715d);
(2) “other information” includes any book, paper, document, record, recording, or other material;
(3) “proceeding before an agency of the United States” means any proceeding before such an agency with respect to which it is authorized to issue subpenas and to take testimony or receive other information from witnesses under oath; and
(4) “court of the United States” means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, a United States bankruptcy court established under chapter 6, title 28, United States
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever standards relating to kind, class, quality, or condition of grain are effective under [section 76 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section76&num=0&edition=prelim) for any grain no person shall in any sale, offer for sale, or consignment for sale, which involves the shipment of such grain in interstate or foreign commerce, describe such grain as being of any grade in any advertising, price quotation, other negotiation of sale, contract of sale, invoice, bill of lading, other document, or description on bags or other containers of the grain, other than by an official grade designation, with or without additional information as to specified factors: Provided, That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other criteria shall not be deemed to be a description of grain as being of any grade.
**(b)** No person shall, in any sale, offer for sale, or consignment for sale, of any grain which involves the shipment of such grain from the United States to any place outside thereof, knowingly describe such grain by any official grade designation, or other description, which is false or misleading.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Grain is an essential source of the world’s total supply of human food and animal feed and is merchandised in interstate and foreign commerce. It is declared to be the policy of the Congress, for the promotion and protection of such commerce in the interests of producers, merchandisers, warehousemen, processors, and consumers of grain, and the general welfare of the people of the United States, to provide for the establishment of official United States standards for grain, to promote the uniform application thereof by official inspection personnel, to provide for an official inspection system for grain, and to regulate the weighing and the certification of the weight of grain shipped in interstate or foreign commerce in the manner hereinafter provided; with the objectives that grain may be marketed in an orderly and timely manner and that trading in grain may be facilitated. It is hereby found that all grain and other articles and transactions in grain regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce and that regulation thereof as provided in this chapter is necessary to prevent or eliminate burdens on such commerce and to regulate effectively such commerce.
**(b)** It is also declared to be the policy of Congress—
(1) to promote the marketing of grain of high quality to both domestic and foreign buyers;
(2) that the primary objective of the official United States standards for grain is to certify the quality of grain as accurately as practicable; and
(3) that official United States standards for grain shall—
(A) define uniform and accepted descriptive terms to facilitate trade in grain;
(B) provide information to aid in determining grain storability;
(C) offer users of such standards th
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 74
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grounds for refusal of services** The Secretary may (for such period, or indefinitely, as the Secretary deems necessary to effectuate the purposes of this chapter) refuse to provide official inspection or the services related to weighing otherwise available under this chapter with respect to any grain offered for such services, or owned, wholly or in part, by any person if the Secretary determines (1) that the individual (or in case such person is a partnership, any general partner; or in case such person is a corporation, any officer, director, or holder or owner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the business) has knowingly committed any violation of [section 87b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87b&num=0&edition=prelim), or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused for any of the above-specified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing such service with respect to such grain would be inimical to the integrity of the service.
**(b) Persons responsibly connected with a business** For purposes of subsection (a) of this section, a person shall be deemed to be responsibly connected with a business if the person was or is a partner, officer, director,
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Federal law — U.S. Code and appendices · legal_authorities
Page 193
TITLE 7—AGRICULTURE
§ 87f
Subsecs. (b) to (f). Pub. L. 94–582 added subsecs. (b) to
(f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–113 effective Oct. 1, 1977,
see section 1901 of Pub. L. 95–113, set out as a note
under section 1307 of this title.
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 amend-
ed, set out as a note under section 74 of this title.
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.
TEMPORARY EXERCISE BY SECRETARY OF AGRICULTURE
OF POWERS, DUTIES, AND AUTHORIZATIONS OF ADMIN-
ISTRATOR PENDING APPOINTMENT OF ADMINISTRATOR
Powers, duties, and authorizations of the Adminis-
trator of the Federal Grain Inspection Service to be ex-
ercised by the Secretary of Agriculture pending the ap-
pointment of the Administrator, see section 25 of Pub.
L. 94–582, set out as a note under section 75a of this
title.
§ 87e–1. Repealed. Pub. L. 106–472, title I, § 110(b),
Nov. 9, 2000, 114 Stat. 2061
Section, Pub. L. 94–582, § 23, Oct. 21, 1976, 90 Stat. 2888,
authorized purchase or lease of inspection equipment.
§ 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 exer-
cised; and the Secretary shall have power to re-
quire by subpena the attendance and testimony
of witnesses and the production of all such docu-
mentary evidence relating to any matter under
invest
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