Page:United States Statutes at Large Volume 91.djvu/1073

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1039

taining more than 50 per centum of the total processed Wheat contained in all end products manufactured during such period by the end product manufacturers voting in the referendum. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this title. INVESTIGATIONS: POWER TO SUBPENA AND TAKE OATHS AND AETIRMATIONS: AID OF COURTS

SEC. 1713. The Secretary may make such investigations as the Sec- 7 USC 3412. retary deems necessary for the effective administration of this title or to determine whether any person STibject to the provisions of this title has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this title, or of any order, or rule or regulation issued under this title. 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 inquirj\ 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, the Sexjretary 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 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 such person may be found. CERTIFICATION

OF

ORGANIZATIONS

SEC. 1714. The eligibility of any organization to represent wheat 7 USC 3413. producers, processors, end product manufacturers, or consumers to request the issuance of an order under section 1704(a) of this title and to participate in the making of nominations under section 1706 (b) of this title, shall be certified by the Secretary. The Secretary shall certify any organization which the Secretary finds to be eli^ble under this section and the Secretary's determination as to eligibility shall be final. Certification shall be based, in addition to other avail- Report, able information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following: (a) geographic territory covered by the organization's active membership, (b) nature and size of the organization's active membership, including, in the case of an organization other than a consumer organization, the proportion of the total number of active wheat producers, processors, or end product manufacturers represented by the organization.

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