Page:United States Statutes at Large Volume 90 Part 1.djvu/587

 PUBLIC LAW 94-294—MAY 28, 1976

90 STAT. 537

Provided, however, That the primary consideration in determining the eligibility of an organization shall be whether its producer membership consists of a substantial number of producers who produce a substantial volume of cattle subject to the provisions of this Act. The Secretary shall certify any organization which he finds to be eligible under this section and his determination as to eligibility shall be finaL Where more than one organization is certified in any geographic area, such organizations may caucus to determine the area's nominations under section 8(b). STATE BEEF BOARDS

SEC. 16. Nothing in this Act shall be construed to preempt or inter- 7 USC 2915. fere with the workings of any beef board, beef council, or other beef promotion entity organized and operating within and by authority of any of the several States. REGULATIONS

SEC. 17. The Secretary is authorized to issue regulations with the 7 USC 2916. force and effect of law as may be necessary to carry out the provisions of this Act and the powers vested in him by this Act. INVESTIGATIONS: POWER TO SUBPENA AND TAKE OATHS AND AFFIRMATIONS: AID OF COURTS

SEC. 18. The Secretary may make such investigation as he deems ^ USC 2917. necessary for the effective carrying out of his responsibilities under this Act or to determine whether a producer or slaughterer of cattle or any other person has engaged or is about to engage in any acts or practice which constitute or will constitute a violation of any provisions of this Act, or of any order, or rule or regulation issued under this Act. For the purpose of such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which 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. In case of contumacy by, or refusal to obey a subpena to, any person, including a producer, 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 requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the Penalty, court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found. SEPARABILITY

SEC. 19. If any provision of this Act or the application thereof to 7 USC 2901 note, any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.

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