Title 7 — AgricultureRelease 119-73

§4509 Petition and review

Title 7 › Chapter CHAPTER 76— - DAIRY RESEARCH AND PROMOTION › Subchapter SUBCHAPTER I— - DAIRY PROMOTION PROGRAM › § 4509

Last updated Apr 6, 2026|Official source

Summary

Anyone covered by an order under this subchapter can ask the Secretary to change the order, excuse them from it, or say part of it is not lawful. The Secretary must give the person a hearing under the Secretary’s rules and then make a decision. That decision stands if it follows the law. If the person disagrees, they can ask a U.S. district court where they live or do business to review the decision. They must file the complaint within twenty days and give a copy to the Secretary. If the court finds the decision unlawful, it will send the case back and tell the Secretary what lawful decision or further steps to take.

Full Legal Text

Title 7, §4509

Agriculture — Source: USLM XML via OLRC

(a)Any person subject to any order issued under this subchapter may file with the Secretary a petition 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 requesting a modification thereof or an exemption therefrom. The petitioner shall thereupon be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. After such hearing, the Secretary shall make a ruling on the 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, if 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 on 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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4509

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73