Page:United States Statutes at Large Volume 104 Part 5.djvu/586

 104 STAT. 3908 PUBLIC LAW 101-624—NOV. 28, 1990 7 USC 4610a. Effective date. Federal Register, publication. 7 USC 4603. SEC. 1986. INVESTIGATIONS AND POWER TO SUBPOENA. The Honey Research, Promotion, and Consumer Information Act is amended by inserting after section 11 (7 U.S.C. 4610) the following new section: "SEC. 11 A. INVESTIGATIONS AND POWER TO SUBPOENA. "(a) IN GENERAL.— The Secretary may make such investigations as the Secretary determines necessary— "(1) for the effective administration of this Act; or "(2) to determine whether a person has engaged or is engaging in any act or practice that constitutes a violation of any provision of this Act, or of any order, rule, or regulation issued under this Act. "(b) POWER TO SUBPOENA.— "(1) INVESTIGATIONS.— For the purpose of an investigation made under subsection (a), the Secretary is authorized to administer oaths and affirmations and to issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States. "(2) ADMINISTRATIVE HEARINGS.—For the purpose of em administrative hearing held under section 10 or section 11, the presiding officer is authorized to administer oaths gmd affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. "(c) AID OF (DOURTS.— In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena. "(d) CONTEMPT.— Any failure to obey such order of the court may be punished by such court as a contempt thereof. "(e) PROCESS.— Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found. "(f) HEARING SITE.—The site of any hearings held under section 10 or 11 shall be within the judicial district where such person resides or has a principal place of business.". SEC. 1987. CONFORMING AMENDMENT TO ORDER. Notwithstanding any provision of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et seq.), the Secretary of Agriculture, after notice and opportunity for public comment, shall issue an amendment to the order in effect under such Act on the date of the enactment of this Act to conform such order to the amendments made by this subtitle, which shall become effective on the date of the publication of such amendment to the order in the Federal Register without a referendum thereon (except for the referendum specifically provided for under section 1985). The Secretary shall issue such amendment to the order in final form not later than 150 days after the date of the enactment of this Act.

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