Page:United States Statutes at Large Volume 110 Part 1.djvu/1071

 PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 1047 SEC. 521. INVESTIGATIONS AND POWER TO SUBPOENA. 7 USC 7420. (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 subject to this subtitle has engaged, or is about to engage, in any action that constitutes or will constitute a violation of this subtitle or any order or regulation issued under this subtitle. (b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— For the purpose of any investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records or documents that are relevant to the inquiry. The attendance of witnesses and the production of records or documents 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 the investigation or proceeding is carried on, or where the person resides or carries on business, in order to require the attendance and testimonj^ of the person or the production of records or documents. The court may issue an order requiring the person to appear before the Secretary to produce records or documents or to give testimony regarding the matter under investigation. (d) CONTEMPT. —Any failure to obey the order of the court may be punished by the court as a contempt of the court. (e) PROCESS. —Process in any case under this section may be served in the judicial district in which the person resides or carries on business or wherever the person may be found. SEC. 522. SUSPENSION OR TERMINATION. 7 USC 7421. (a) MANDATORY SUSPENSION OR TERMINATION. —The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or a provision of an order obstructs or does not tend to effectuate the purpose of this subtitle, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under section 518. (b) IMPLEMENTATION OF SUSPENSION OR TERMINATION. — If, as a result of a referendum conducted under section 518, the Secretary determines that an order is not approved, the Secretary shall— (1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and (2) as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner. SEC. 523. AMENDMENTS TO ORDERS. 7 USC 7422. The provisions of this subtitle applicable to an order shall be applicable to any amendment to an order, except that section 518 shall not apply to an amendment. SEC. 524. EFFECT ON OTHi]R LAWS. 7 USC 7423. This subtitle shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity.

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