7 U.S.C. § 87f — Enforcement provisions

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 Repealed.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 investigation by the Secretary, and may admin- ister oaths and affirmations, examine witnesses, and receive evidence. (b) Disobedience of subpena Such attendance of witnesses, and the produc- tion of such documentary evidence, may be re- quired from any place in the United States, at any designated place of hearing. In case of dis- obedience to a subpena the Secretary may in- voke the aid of any court designated in sub- section (h) of this section in requiring the at- tendance and testimony of witnesses and the production of documentary evidence. (c) Court order requiring attendance and testi- mony 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 per- son 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 there- of. (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 at- tend and testify, or to answer any lawful in- quiry, 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 Sec- retary, shall be guilty of a misdemeanor, and upon conviction thereof be subject to imprison- ment 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 terri- tories and possessions of the United States shall have jurisdiction in cases arising under this chapter. (Aug. 11, 1916, ch. 313, pt. B, § 17, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 91–452, title II, § 203, Oct. 15, 1970, 84 Stat. 928; Pub. L. 94–582, § 19, Oct. 21, 1976, 90 Stat. 2885; Pub. L. 103–156, §§ 10, 12(o), Nov. 24, 1993, 107 Stat. 1528, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.) Editorial Notes AMENDMENTS 1994—Subsecs. (a) to (e). Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. 1993—Subsec. (e). Pub. L. 103–156, § 12(o), which di- rected amendment of ‘‘Section 17(e)’’ by substituting ‘‘the power of the person’’ for ‘‘his power’’, without specifying the name of the Act being amended, was exe- cuted to this section, which is section 17 of the United States Grain Standards Act, to reflect the probable in- tent of Congress. Pub. L. 103–156, § 10, substituted ‘‘imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine’’ for ‘‘the penalties set forth in subsection (a) of section 87c of this title’’. 1976—Subsec. (a). Pub. L. 94–582, § 19(a), (b), sub- stituted ‘‘Administrator’’ for ‘‘Secretary’’ in two places and inserted ‘‘by the Administrator’’ after ‘‘under in- vestigation’’, respectively. Subsecs. (b) to (d). Pub. L. 94–582, § 19(a), substituted ‘‘Administrator’’ for ‘‘Secretary’’ in subsecs. (b) to (d). Subsec. (e). Pub. L. 94–582, § 19(a), (c), substituted ‘‘Administrator’’ for ‘‘Secretary’’ and inserted ‘‘sub- section (a) of’’ before ‘‘section 87c of this title’’. Subsec. (g). Pub. L. 94–582, § 19(d), struck out subsec. (g) which made unlawful disclosure of information by an officer or employee of the Department of Agri- culture a misdemeanor, subject to the penalties set forth in section 87c of this title. Page 194 TITLE 7—AGRICULTURE § 87f–1 1970—Subsec. (f). Pub. L. 91–452 struck out subsec. (f) which related to the immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination. Statutory Notes and Related Subsidiaries 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 OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–452, and amendment not to affect any immunity to which any individual is entitled under this section 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. 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. § 87f–1. Registration requirements (a) General requirement The Secretary shall provide, by regulation, for the registration of all persons engaged in the business of buying grain for sale in foreign com- merce, and in the business of handling, weigh- ing, or transporting of grain for sale in foreign commerce. This section shall not apply to— (1) any person who only incidentally or occa- sionally buys for sale, or handles, weighs, or transports grain for sale and is not engaged in the regular business of buying grain for sale, or handling, weighing, or transporting grain for sale; (2) any producer of grain who only inciden- tally or occasionally sells or transports grain which the producer has purchased; (3) any person who transports grain for hire and does not own a financial interest in such grain; or (4) any person who buys grain for feeding or processing and not for the purpose of reselling and only incidentally or occasionally sells such grain as grain. (b) Required information (1) All persons required to register under this chapter shall submit the following information to the Secretary: (A) the name and principal address of the business, (B) the names of all directors of such busi- ness, (C) the names of the principal officers of such business, (D) the names of all persons in a control re- lationship with respect to such business, (E) a list of locations where the business conducts substantial operations, and (F) such other information as the Secretary deems necessary to carry out the purposes of this chapter. Persons required to register under this section shall also submit to the Secretary the informa- tion specified in clauses (A) through (F) of this paragraph with respect to any business engaged in the business of buying grain for sale in inter- state commerce, and in the business of handling, weighing, or transporting of grain for sale in interstate commerce, if, with respect to such business, the person otherwise required to reg- ister under this section is in a control relation- ship. (2) For the purposes of this section, a person shall be deemed to be in a ‘‘control relation- ship’’ with respect to a business required to reg- ister under subsection (a) and with respect to applicable interstate businesses if— (A) such person has an ownership interest of 10 per centum or more in such business, or (B) a business or group of business entities, with respect to which such person is in a con- trol relationship, has an ownership interest of 10 per centum or more in such business. (3) For purposes of clauses (A) and (B) of para- graph (2) of this subsection, a person shall be considered to own the ownership interest which is owned by his or her spouse, minor children, and relatives living in the same household. (c) Certificate of registration The Secretary shall issue a certificate of reg- istration to persons who comply with the provi- sions of this section. The certificate of registra- tion issued in accordance with this section shall be renewed annually. If there has been any change in the information required under sub- section (b), the person holding such certificate shall, within thirty days of the discovery of such change, notify the Secretary of such change. No person shall engage in the business of buying grain for sale in foreign commerce, and in the business of handling, weighing, or transporting of grain in foreign commerce unless the person has registered with the Secretary as required by this chapter and has an unsuspended and unrevoked certificate of registration. (d) Suspension or registration of certificate of registration The Secretary may suspend or revoke any cer- tificate of registration issued under this section whenever, after the person holding such certifi- cate has been afforded an opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5, the Secretary shall determine that such person has violated any provision of this chapter or of the regulations promulgated there- under, or has been convicted of any violation in- volving the handling, weighing, or inspection of grain under title 18. (e) Fees The Secretary shall charge and collect fees from any person registered under this section. The amount of such fees shall be determined on the basis of the costs of the Secretary in admin- istering the registration required by this sec- tion. Such fees shall be deposited in, and used as part of, the fund described in section 79(j) of this title. (Aug. 11, 1916, ch. 313, pt. B, § 17A, as added Pub. L. 94–582, § 22, Oct. 21, 1976, 90 Stat. 2886; amended Pub. L. 95–113, title XVI, § 1604(l), Sept. 29, 1977, 91 Stat. 1029; Pub. L. 103–156, § 12(p), Nov. 24, 1993, 107 Stat. 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)