
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC876]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
            Part E--Administrative and Enforcement Provisions
 
Sec. 876. Subpenas


(a) Authorization of use by Attorney General

    In any investigation relating to his functions under this subchapter 
with respect to controlled substances, listed chemicals, tableting 
machines, or encapsulating machines, the Attorney General may subpena 
witnesses, compel the attendance and testimony of witnesses, and require 
the production of any records (including books, papers, documents, and 
other tangible things which constitute or contain evidence) which the 
Attorney General finds relevant or material to the investigation. The 
attendance of witnesses and the production of records may be required 
from any place in any State or in any territory or other place subject 
to the jurisdiction of the United States at any designated place of 
hearing; except that a witness shall not be required to appear at any 
hearing more than 500 miles distant from the place where he was served 
with a subpena. Witnesses summoned under this section shall be paid the 
same fees and mileage that are paid witnesses in the courts of the 
United States.

(b) Service

    A subpena issued under this section may be served by any person 
designated in the subpena to serve it. Service upon a natural person may 
be made by personal delivery of the subpena to him. Service may be made 
upon a domestic or foreign corporation or upon a partnership or other 
unincorporated association which is subject to suit under a common name, 
by delivering the subpena to an officer, to a managing or general agent, 
or to any other agent authorized by appointment or by law to receive 
service of process. The affidavit of the person serving the subpena 
entered a true copy thereof by the person serving it shall be proof of 
service.

(c) Enforcement

    In the case of contumacy by or refusal to obey a subpena issued to 
any person, the Attorney General may invoke the aid of any court of the 
United States within the jurisdiction of which the investigation is 
carried on or of which the subpenaed person is an inhabitant, or in 
which he carries on business or may be found, to compel compliance with 
the subpena. The court may issue an order requiring the subpenaed person 
to appear before the Attorney General to produce records, if so ordered, 
or to give testimony touching the matter under investigation. Any 
failure to obey the order of the court may be punished by the court as a 
contempt thereof. All process in any such case may be served in any 
judicial district in which such person may be found.

(Pub. L. 91-513, title II, Sec. 506, Oct. 27, 1970, 84 Stat. 1272; Pub. 
L. 100-690, title VI, Sec. 6058, Nov. 18, 1988, 102 Stat. 4319.)


                               Amendments

    1988--Subsec. (a). Pub. L. 100-690 inserted ``listed chemicals, 
tableting machines, or encapsulating machines,'' after ``with respect to 
controlled substances,''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective 120 days after Nov. 18, 1988, 
see section 6061 of Pub. L. 100-690, set out as a note under section 802 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 880 of this title.
