2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART III - Food, Drugs, and Cosmetics (§§ 711 — 1031d) › Chapter 54 - Wholesome Meat (§§ 771 — 774h) › Subchapter IV - Auxiliary Provisions (§§ 774 — 774h) › § 774f - Powers of Secretary of Health

(a) The Secretary is further empowered to:
(1) Recompile and compile information and investigate the organization, business, conduct, practices and administration concerning any person engaged in intrastate commerce of meat and meat food products and their relations with other persons.
(2) Require from persons engaged in intrastate commerce of meat and meat food products, through general or special orders, that they submit, as he may prescribe, written reports and answers, annually or special, or both, containing such information as he may require on the organization, business, conduct, practices, administration and relations with other persons from such person submitting the written report or answer. Such reports and answers may be made under oath, affirmation or otherwise, as prescribed by the Secretary and shall be filed within the reasonable period that the latter may establish, unless the Secretary grants a postponement therefor.
(b) For the purposes of this chapter, the Secretary shall have access, during any reasonable period of time, to any documental evidence of any person under investigation or against whom a procedure is being carried out, with the purpose of examining and copying all or parts thereof; he may require the appearance and testimony of witnesses, with or without documental evidence, in regard to matters under investigation. Likewise he may issue summons, administer oaths, and affirmations, examine witnesses and receive evidence.
(1) In the event of disobedience to a summons of the Secretary for the appearance of witnesses and the production of evidence, the Secretary may request that the Court of First Instance repeat said summons, and disobedience to the summons of the court may be punished by the latter as contempt.
(2) Through petition of the Secretary of Justice, on the request of the Secretary, the Court of First Instance of Puerto Rico shall have jurisdiction to issue a writ of mandamus, injunction or any other adequate remedy directing compliance with the provisions of this chapter or of the orders of the Secretary.
(3) Testimonies may be taken by means of deposition in regard to any procedure or investigation under this chapter. Any person empowered to administer oaths may be appointed by the Secretary to take depositions, the appearance to depose may be made compulsory, through auxiliary jurisdiction of the Court of First Instance, in the same manner as established for the summons to appear and testify before the Secretary.
(4) The same per diems and mileage as paid to witnesses in the Court of First Instance shall be paid to the witnesses summoned by the Secretary and to those summoned to make depositions.
(5) No person shall be excused from appearing to testify or produce books, documents, lists of charges, contracts, agreements or other documental evidence required by the Secretary or in obedience of a summons of the Secretary, either issued and signed by him or his representative, or in any lawsuit or procedure, whether criminal or of any other nature, based on the fact that the testimony or evidence required might incriminate or expose him to a penalty or loss. No person shall be tried or be subject to any penalty or loss through information or evidence which he has been forced to give, or that might arise therefrom, after having claimed his rights against self-incrimination; except that any person testifying shall not be exempt from prosecution and punishment for perjury committed on testifying.
(c) Any person who, in an investigation or procedure under this chapter, neglects or refuses to appear and testify or to produce documental evidence, if within his means to do so, in obedience of a summons or legal requirement of the Secretary, shall incur in an offense and upon conviction thereof shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment for a term of not more than one (1) year, or by both penalties in the discretion of the court.
(1) Any person who willfully makes, or causes to be made any false entry or declaration, in any report required by this chapter; or who makes or causes to be made any false entry in any account, record or memorandum to be maintained by any person under this chapter; or who willfully omits or fails to make true and correct complete entries of such accounts, records or memorandums in connection with any person covered by this chapter; or who willfully removes from the jurisdiction of the Commonwealth, or who willfully defaces, alters, or counterfeits any documental evidence; or who willfully refuses to submit to the Secretary or to his authorized representatives any documental evidence that said person may have in his power or under his control, in regard to a person covered by this chapter, shall incur in an offense and upon conviction thereof be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisoned for a term of not more than three (3) years, or by both penalties in the discretion of the court.
(2) If any person required by this chapter, or by the regulations promulgated under the authority of law, to submit any general or special information, fails to do so within the term fixed by the Secretary, and said failure subsists for thirty (30) days after notice thereof, said person shall pay to the Commonwealth the sum of one hundred dollars ($100) for each day said failure subsists after the lapse of said thirty (30) days, which amount shall be covered into the Treasury of the Commonwealth and, if not paid on receiving the request for collection it may be collected under the legal proceedings for collection as if dealing with the collection of taxes.
History —June 28, 1969, No. 120, p. 334, § 407.