7 U.S.C. § 1602 — Separability

Page 893 TITLE 7—AGRICULTURE § 1606 set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE See section 1610 of this title. § 1602. Separability The institution of any one of the proceedings provided for in sections 1595, 1596, 1599 to 1601 of this title shall not bar institution of any of the others, except that action shall not be instituted under both subsections 1596(a) and (b) of this title for the same cause of action. Nothing in this chapter shall be construed as requiring the Secretary of Agriculture to recommend prosecu- tion, or institution of civil penalty proceedings, libel proceedings, cease-and-desist proceedings, or proceedings for the enforcement of a cease- and-desist order, for minor violations of this chapter or the rules and regulations made and promulgated thereunder whenever he believes that the public interest will be adequately served by suitable written notice or warning. (Aug. 9, 1939, ch. 615, title IV, § 412, 53 Stat. 1288; July 9, 1956, ch. 520, § 3, 70 Stat. 508.) Editorial Notes AMENDMENTS 1956—Act July 9, 1956, inserted references to civil pen- alties as well as criminal penalties under section 1596 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1956 AMENDMENT Amendments made by act July 9, 1956, applicable only with respect to violations occurring after July 9, 1956, see section 4 of act July 9, 1956, set out as a note under section 1596 of this title. EFFECTIVE DATE See section 1610 of this title. § 1603. Procedural powers; witness fees and mile- age (a) In carrying on the work herein authorized, the Secretary of Agriculture, or any officer or employee designated by him for such purpose, shall have power to hold hearings, administer oaths, sign and issue subpenas, examine wit- nesses, take depositions, and require the produc- tion of books, records, accounts, memoranda, and papers, and have access to office and ware- house premises. Upon refusal by any person to appear, testify, or produce pertinent books, records, accounts, memoranda, and papers in re- sponse to a subpena, or to permit access to premises, the proper United States district court shall have power to compel obedience thereto. (b) Witnesses summoned before the Secretary or any officer or employee designated by him shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like service in the courts of the United States. (Aug. 9, 1939, ch. 615, title IV, § 413, 53 Stat. 1289.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1604. Publication After judgment by the court, or the issuance of a cease and desist order, in any case arising under this chapter, notice thereof shall be given by publication in such manner as may be pre- scribed in the rules and regulations made and promulgated under this chapter. (Aug. 9, 1939, ch. 615, title IV, § 414, 53 Stat. 1289.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1605. Authorization of appropriations (a) There is authorized to be appropriated, out of any money in the Treasury not otherwise ap- propriated, such sums as may be necessary for administering this chapter. (b) Funds appropriated for carrying into effect the purpose of this chapter shall be available for allotment by the Secretary of Agriculture to the bureaus and offices of the Department of Agri- culture and for transfer to other departments and agencies of the Government which the Sec- retary of Agriculture may call upon to assist or cooperate in carrying out such purposes or for services rendered or to be rendered in connec- tion therewith. Appropriations made under this authorization, within the limit prescribed in such appropria- tions, may be expended for the share of the United States in the expense of the Inter- national Seed Testing Congress in carrying out plans for correlating the work of the various ad- hering governments on problems relating to seed analyses or other subjects which the Con- gress may determine to be necessary in the in- terest of international seed trade. (Aug. 9, 1939, ch. 615, title IV, § 415, 53 Stat. 1289; Sept. 21, 1944, ch. 412, title VII, § 701(b), 58 Stat. 741.) Editorial Notes AMENDMENTS 1944—Act Sept. 21, 1944, added last par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE See section 1610 of this title. § 1606. Authorization of expenditures The Secretary of Agriculture is authorized to make such expenditures for rent, outside of the District of Columbia, printing, binding, tele- grams, telephones, books of reference, publica- tions, furniture, stationery, office and labora- tory equipment, travel, and other supplies, in- cluding reporting services, such research nec- essary to develop methods of processing, bulk- ing, blending, sampling, testing, and merchan- dising seeds necessary to the administration of this chapter and other necessary expenses in the