2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART III - Food, Drugs, and Cosmetics (§§ 711 — 1031d) › Chapter 52 - Poultry Products (§§ 741 — 758) › § 758 - Additional powers of Secretary

(a) The Secretary shall also be authorized to:
(1) Gather and compile information, investigate the organization, business, conduct, practices and administration concerning any person engaged in intrastate commerce of poultry and poultry products and the relation they have with other persons.
(2) Require persons engaged in intrastate commerce of poultry and poultry products, by general or special orders, to submit, as he may direct, annual or special reports or answers in writing, or both, containing such information as he may require with respect to the organization, business, conduct, practices, administration and relations with other persons, of the person submitting the report or answers in writing. Such reports and answers may be made under oath or affirmation, or otherwise, as the Secretary may require, and they shall be submitted within such reasonable period as is fixed, unless an extension to do so is granted.
(b)
(1) To comply with the purposes of this chapter, the Secretary shall, at any time, have access to any documentary evidence of persons who are under investigation or against whom a proceeding has been filed. He may examine and copy every document or part thereof; he may require the appearance and testimony of witnesses with or without documentary evidence, in connection with matters under investigation. Likewise he may order summonses, administer oaths and affirmations and examine witnesses and receive evidence.
(2) In case of disobedience of a summons or of refusal to appear and testify or present the evidence requested, the Secretary may ask the Court of First Instance to order the summons, appearance or presentation of evidence and disobedience of said order of court shall be punished as contempt.
(3) The Secretary, through the Secretary of Justice, may request the Court of First Instance of Puerto Rico to issue a writ of mandamus, injunction, or any other adequate remedy to enforce compliance with the provisions of this chapter, of its regulations or orders of the Secretary entered by virtue of this chapter.
(4) The Secretary may designate any person authorized by law to take depositions. The person so designated may take testimony by deposition with respect to any proceeding or investigation under the provisions of this chapter. Appearance of witnesses to testify may be made obligatory by summons of the Court of First Instance, in the same manner provided for summons to appear to testify before the Secretary.
(5) The same per diems and mileage paid to witnesses summoned by the Court of First Instance shall be paid to witnesses appearing before the Secretary by summons and to those appearing to make depositions.
(6) No person shall be excused from appearing and testifying or producing books, documents, lists of charges, contracts, agreements or other documentary evidence requested by the Secretary, by summons, whether issued by him or his representative, under the pretext that the testimony or evidence requested tends to incriminate the person producing it or exposing such person to any penalty. No person shall be tried or subject to penalty for furnishing the information or producing the evidence requested, after having asserted his right against self-incrimination, except for perjury committed in his testimony.
(c)
(1) Any person who refuses to appear and testify or refuses to produce documentary evidence in an investigation or proceeding under this chapter, if it is within his means to do so, complying with a summons made by the Secretary, shall be guilty of an offense and, upon conviction, shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or imprisoned not more than one year, or both at the discretion of the court.
(2) Any person who intentionally makes, or permits to be made, any false entry or statement, in any report required by this chapter; or makes, or permits to be made any false entry in any account, record or memorandum kept by any person covered by this chapter; or who intentionally omits or fails to make true and correct full entries of such accounts, records or memoranda related to any person covered by this chapter; or who intentionally removes from the jurisdiction of the Commonwealth or who intentionally mutilates, alters or forges any documentary evidence; or who intentionally refuses to submit to the Secretary or his authorized representatives, any documentary evidence that said person has in his possession or under his custody with respect to any person covered by this chapter, shall be guilty of an offense and, upon conviction, shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisoned for a term of three (3) years, or both, at the discretion of the court.
(3) Any person required by this chapter or by regulations promulgated thereunder to submit any general or special report, and fails to do so within the term fixed by the Secretary and if said failure subsists for thirty (30) days after being requested, the person shall pay to the Commonwealth the sum of one hundred dollars ($100) for each day of said failure after the thirty (30) days have expired. Said money shall be covered into the Commonwealth Treasury. If the person does not pay when notified of the demand of payment, collection shall be made as provided by the laws of Puerto Rico.
(4) Any officer or employee of the Commonwealth who gives out, without authorization, any information obtained by the Secretary, except by order of a court, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000) or by imprisonment for a term not to exceed six (6) months, or both, at the discretion of the court.
History —July 7, 1971, No. 10, p. 601, § 18.