SECTIONS 18901-18908 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 18901-18908

18901. The director may gather and compile information, and
investigate the organization, business, conduct, practices,
management, and the relation to other persons of any person subject
to this chapter engaged in intrastate commerce.

18902. The director may require, by general or special orders,
persons subject to this chapter engaged in intrastate commerce, to
file with him, in such form as he may prescribe, annual or special,
reports or answers in writing to specific questions, furnishing such
information as he may require as to the organization, business,
conduct, practices, management, and relation to other persons, of the
person filing such reports or answers in writing. Such reports and
answers shall be made under oath, or otherwise, as the director may
prescribe, and shall be filed with the director within such time as
he may prescribe.

18903. For the purpose of this chapter, the director shall at all
reasonable times have access to examine and to copy any documentary
evidence of any person being investigated or proceeded against, and
may require by subpoena the attendance and testimony of witnesses and
the production of all documentary evidence of any person relating to
any matter under investigation. The director may sign subpoenas and
may administer oaths and affirmations, examine witnesses, and receive
evidence.

18904. Attendance of witnesses, and the production of documentary
evidence, may be required at any designated place of hearing. In case
of disobedience to a subpoena the director may invoke the aid of any
superior court designated in requiring the attendance and testimony
of witnesses and the production of documentary evidence.

18905. The superior court within the jurisdiction of which such
inquiry is carried on may, in case of contumacy or refusal to obey a
subpoena issued to any person, issue an order requiring such person
to appear before the director or to produce documentary evidence if
so ordered, or to give evidence concerning the matter in question.
Failure to obey such order of the court may be punished by such court
as a contempt thereof.

18906. The director may order testimony to be taken by deposition
in any proceeding or investigation pending under this chapter at any
stage of such proceeding or investigation. Such depositions may be
taken before any person designated by the director and having power
to administer oaths. Such testimony shall be reduced to writing by
the person taking the deposition, or under his direction and shall
then be subscribed by the deponent. Any person may be compelled to
appear and depose, and to produce documentary evidence in the same
manner as witnesses may be compelled to appear and testify and
produce documentary evidence before the director as previously
provided.

18907. Witnesses summoned before the director shall be paid the
same fees and mileage that are paid witnesses in the superior court
of this state, and witnesses whose depositions are taken and the
persons taking the same shall be entitled to the same fees as are
paid for such services in such courts.

18908. No person shall be excused from attending and testifying, or
from producing books, papers, schedules of charges, contracts,
agreements, or other documentary evidence before the director or in
obedience to the subpoena of the director, whether such subpoena be
signed or issued by him or his delegate, or in any cause or
proceeding, criminal or otherwise, based upon or growing out of any
alleged violation of this chapter, on the ground or for the reason
that the testimony or evidence, documentary or otherwise, required of
him or it may tend to incriminate him or it or subject him or it to
a penalty or forfeiture. No individual shall be prosecuted or
subjected to a penalty or forfeiture for, or on account of any
transaction, matter, or thing concerning which he is compelled, after
having claimed his privilege against self-incrimination, to testify
or produce evidence, documentary or otherwise, except that any
individual so testifying shall not be exempt from prosecution and
punishment for perjury committed in so testifying.