Page:United States Statutes at Large Volume 104 Part 5.djvu/602

 104 STAT. 3924 PUBLIC LAW 101-624—NOV. 28, 1990 (g) ADDITIONAL REMEDIES.—The remedies provided in this subtitle shall be in addition to, and not exclusive of, other remedies that may be available. 7 USC 6412. SEC. 1999M. INVESTIGATIONS AND POWER TO SUBPOENA. (a) INVESTIGATIONS. —The Secretary may make such investigations as the Secretary considers necessary— (1) for the effective administration of this subtitle; or (2) to determine whether any person has engaged or is engaging in any act that constitutes a violation of this subtitle, or any order, rule, or regulation issued under this subtitle. (b) SUBPOENAS, OATHS, AND AFFIRMATIONS. — (1) IN GENERAL.—For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, and 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 an administrative hearing held under section 1999K or 1999L, the presiding officer is authorized to administer oaths and 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 COURTS. — In the 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 1999K or 1999L shall be within the judicial district where such person resides or has a principal place of business. 7 USC 6413. SEC. 1999N. REQUIREMENT OF INITIAL REFERENDUM. (a) IN GENERAL.—Within the 60-day period immediately preceding the effective date of an order issued under section 1999F(a), the Secretary shall conduct a referendum among fluid milk processors to ascertain whether the order shall go into effect. (b) IMPLEMENTATION. — If, as a result of the referendum conducted under subsection (a), the Secretary determines that implementation of the order is favored— (1) by at least 50 percent of fluid milk processors voting in the referendum; and (2) by fluid milk processors voting in the referendum that marketed during the representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors; the order shall become effective as provided in section 1999F0t)).

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