Title 7 — AgricultureRelease 119-73

§4313 Administrative and judicial review; procedures applicable

Title 7 › Chapter CHAPTER 74— - FLORAL RESEARCH AND CONSUMER INFORMATION › § 4313

Last updated Apr 6, 2026|Official source

Summary

Anyone who must follow an order can send a written request to the Secretary saying the order or parts of it are wrong and asking to change or be excused from it. The person gets a chance for a hearing under the Secretary’s rules. After the hearing the Secretary will decide, and that decision is final if it follows the law. If unhappy, the person can file a complaint in the U.S. district court where they live or do business within twenty days after the ruling. Give the Secretary a copy of the complaint to serve them. If the court finds the decision unlawful, it will send the case back and tell the Secretary to issue a lawful ruling or take other steps the court orders. Bringing these requests or court cases does not stop the United States or the Secretary from getting relief under section 4314(a).

Full Legal Text

Title 7, §4313

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 provisions of such order or any obligations imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations prescribed 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 carries on 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 to the Secretary a copy of the complaint. 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. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 4314(a) of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4313

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73