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Title 7 — AgricultureRelease 119-73

§6410 Petition and review

Title 7 › Chapter CHAPTER 93— - PROCESSOR-FUNDED MILK PROMOTION PROGRAM › § 6410

Last updated Apr 6, 2026|Official source

Summary

If someone is covered by an order, they can petition the Secretary saying the order or any related duty is not lawful and asking for a change or an exemption. They must be given a hearing under the Secretary’s rules, and the Secretary then issues a final decision if it follows the law. A U.S. district court in the district where the person lives or works can review that decision if the person files within 20 days; papers are served under federal court rules. If the court finds the decision unlawful, it sends the matter back with directions to issue a lawful ruling or to hold further proceedings.

Full Legal Text

Title 7, §6410

Agriculture — Source: USLM XML via OLRC

(a)(1)A person subject to an order issued under this chapter may file with the Secretary a petition—
(A)stating that the order, any provision of the order, or any obligation imposed in connection with the order is not established in accordance with law; and
(B)requesting a modification of the order or an exemption from the order.
(2)The petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3)After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(b)(1)The district courts of the United States in any district in which the person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
(2)Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3)If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—
(A)to make such ruling as the court shall determine to be in accordance with law; or
(B)to take such further proceedings as, in the opinion of the court, the law requires.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6410

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73