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Title 7 — AgricultureRelease 119-73

§3409 Petition and review

Title 7 › Chapter CHAPTER 65— - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION › § 3409

Last updated Apr 6, 2026|Official source

Summary

Anyone who must follow an order can send a written petition to the Secretary saying the order, part of it, or duties tied to it are not lawful and asking to change it or be excused. The petitioner gets a hearing under the Secretary’s rules. After that hearing the Secretary decides, and the decision is final if it follows the law. The person can ask a U.S. district court where they live or do business to review the decision by filing a complaint within 20 days and giving the Secretary a copy. If the court finds the decision unlawful, it sends the case back to the Secretary with instructions to make a lawful ruling or to take further steps.

Full Legal Text

Title 7, §3409

Agriculture — Source: USLM XML via OLRC

(a)Any person subject to any order may file a written petition with the Secretary, stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or for an exemption therefrom. The petitioner shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations issued by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.
(b)The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering a copy of the complaint to the Secretary. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an

Effective Date

of 1977 Amendment note under section 1307 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 3409

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73