7 U.S.C. § 2113 — Certification of cotton producer organiza-

Page 1404 TITLE 7—AGRICULTURE § 2112 § 2112. Enforcement of orders; penalty for willful violation (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any per- son from violating any order or regulation made or issued pursuant to this chapter. (b) Any handler who willfully violates any pro- vision of any order issued by the Secretary under this chapter, or who willfully fails or re- fuses to collect or remit any assessment or fee duly required of him thereunder, shall be liable to a penalty of not more than $1,000 for each such offense which shall accrue to the United States and may be recovered in a civil suit brought by the United States. (Pub. L. 89–502, § 13, July 13, 1966, 80 Stat. 284.) § 2113. Certification of cotton producer organiza- tions The eligibility of each cotton producer organi- zation to represent cotton producers of a cotton producing State to request the issuance of an order under section 2103 of this title, and to par- ticipate in the making of nominations under section 2106(b) of this title shall be certified by the Secretary and shall be based in addition to other available information upon a factual re- port submitted by the organization which shall contain information deemed relevant and speci- fied by the Secretary for the making of such de- termination, including the following: (a) Geographic territory within the State covered by the organization’s active member- ship; (b) Nature and size of the organization’s ac- tive membership in the State, proportion of total of such active membership accounted for by farmers, a map showing the cotton-pro- ducing counties in such State in which the or- ganization has members, the volume of cotton produced in each such county, the number of cotton producers in each such county, and the size of the organization’s active cotton pro- ducer membership in each such county; (c) The extent to which the cotton producer membership of such organization is rep- resented in setting the organization’s policies; (d) Evidence of stability and permanency of the organization; (e) Sources from which the organization’s operating funds are derived; (f) Functions of the organization; and (g) The organization’s ability and willing- ness to further the aims and objectives of this chapter: Provided, however, That the primary consider- ation in determining the eligibility of an organi- zation shall be whether its cotton farmer mem- bership consists of a sufficiently large number of the cotton producers who produce a relatively significant volume of cotton to reasonably war- rant its participation in the nomination of members for the Cotton Board. The Secretary shall certify any cotton producer organization which he finds to be eligible under this section, and his determination as to eligibility shall be final. (Pub. L. 89–502, § 14, July 13, 1966, 80 Stat. 284.) § 2114. Rules and regulations The Secretary is authorized to make such reg- ulations with the force and effect of law, as may be necessary to carry out the provisions of this chapter and the powers vested in him by this chapter. (Pub. L. 89–502, § 15, July 13, 1966, 80 Stat. 285.) § 2115. Investigations by Secretary; subpenas; oaths and affirmations; judicial aid The Secretary may make such investigations as he deems necessary for the effective carrying out of his responsibilities under this chapter or to determine whether a handler or any other person has engaged or is about to engage in any acts or practices which constitute or will con- stitute a violation of any provision of this chap- ter or of any order, or rule or regulation issued under this chapter. For the purpose of any such investigation, the Secretary is empowered to ad- minister oaths and affirmations, subpena wit- nesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the in- quiry. Such attendance of witnesses and the pro- duction of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena issued to, any person, including a handler, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is car- ried on, or where such person resides or carries on business, in requiring the attendance and tes- timony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to ap- pear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found. (Pub. L. 89–502, § 16, July 13, 1966, 80 Stat. 285; Pub. L. 91–452, title II, § 206(a), Oct. 15, 1970, 84 Stat. 929.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–452 struck out designation ‘‘(a)’’ pre- ceding first sentence and struck out subsec. (b) which related to immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self- incrimination. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion 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.