7 U.S.C. § 4817 — Preemption

Page 1729 TITLE 7—AGRICULTURE § 4819 1 So in original. Probably should be ‘‘section 4811(b)(2)(A) or 4812(b)(1)(B)’’. (c) Availability of additional remedies The remedies provided in subsections (a) and (b) shall be in addition to, and not exclusive of, other remedies that may be available. (Pub. L. 99–198, title XVI, § 1626, Dec. 23, 1985, 99 Stat. 1620.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4816. Investigations (a) Purposes The Secretary may make such investigations as the Secretary considers necessary— (1) for the effective administration of this chapter; or (2) to determine whether a person subject to this chapter has engaged, or is about to en- gage, in an act that constitutes, or will con- stitute, a violation of this chapter or an order, rule, or regulation issued under this chapter. (b) Oaths and affirmations; subpenas (1) For the purpose of such investigation, the Secretary may administer oaths and affirma- tions, subpoena witnesses, compel their attend- ance, take evidence, and require the production of any records that are relevant to the inquiry. (2) Such attendance of witnesses and the pro- duction of such records may be required from any place in the United States. (c) Judicial enforcement; contempt proceedings; service of process (1) In the case of contumacy, or refusal to obey a subpoena, by a person, the Secretary may invoke the aid of a court of the United States with jurisdiction over such investigation or pro- ceeding, or where such person resides or does business, in requiring the attendance and testi- mony of such person and the production of such records. (2) The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony touching the matter under investigation. (3) A failure to obey an order issued under this section by the court may be punished by the court as a contempt thereof. (4) Process in such case may be served in the judicial district in which such person is an in- habitant or wherever such person may be found. (Pub. L. 99–198, title XVI, § 1627, Dec. 23, 1985, 99 Stat. 1621.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4817. Preemption (a) Promotion and consumer education; funds from pork producers This chapter is intended to occupy the field of— (1) promotion and consumer education in- volving pork and pork products; and (2) obtaining funds therefor from pork pro- ducers. (b) Additional or different State regulation pro- hibited The regulation of such activity (other than a regulation or requirement relating to a matter of public health or the provision of State or local funds for such activity) that is in addition to or different from this chapter may not be im- posed by a State. (c) Application of section This section shall apply only during a period beginning on the date of the commencement of the collection of assessments under section 4809 of this title and ending on the date of the termi- nation of the collection of assessments under section 4811(a)(3) or 4811(b)(1)(B) 1 of this title. (Pub. L. 99–198, title XVI, § 1628, Dec. 23, 1985, 99 Stat. 1621.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4818. Administrative provision The provisions of this chapter applicable to or- ders shall be applicable to amendments to or- ders. (Pub. L. 99–198, title XVI, § 1629, Dec. 23, 1985, 99 Stat. 1621.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. § 4819. Authorization of appropriations (a) There are authorized to be appropriated such sums as may be necessary for the Secretary to carry out this chapter, subject to reimburse- ment from the Board under section 4809(c)(3)(B)(iv) of this title. (b) Sums appropriated to carry out this chap- ter shall not be available for payment of an ex- pense or expenditure incurred by the Board in administering an order. (Pub. L. 99–198, title XVI, § 1630, Dec. 23, 1985, 99 Stat. 1621.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title. CHAPTER 80—WATERMELON RESEARCH AND PROMOTION Sec. 4901. Congressional findings and declaration of pol- icy.