Title 7 — AgricultureRelease 119-73

§7106 Petition and review

Title 7 › Chapter CHAPTER 99— - SHEEP PROMOTION, RESEARCH, AND INFORMATION › § 7106

Last updated Apr 6, 2026|Official source

Summary

Anyone who must follow an order under this law can ask the Secretary to change the order or be excused from it by filing a written petition saying the order or its requirements are not legal. The person gets a hearing under rules the Secretary sets. After the hearing, the Secretary issues a decision. That decision is final if it follows the law. If the person disagrees, they can ask a federal district court where they live or do business to review the Secretary’s decision. They must file the complaint within 20 days after the Secretary’s decision. The Secretary can be served by giving a copy of the complaint to the Secretary under rules the Secretary sets. If the court finds the decision unlawful, it will send the case back to the Secretary and tell the Secretary to make a lawful decision or take other steps the court says the law requires.

Full Legal Text

Title 7, §7106

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 an 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. The ruling shall be final if the ruling is in accordance with law.

(b)(1)The district court of the United States for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review the ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the ruling by the Secretary under subsection (a)(3).

(2)Service of process in a proceeding may be conducted on the Secretary by delivering a copy of the complaint to the Secretary, under such rules or regulations as are considered necessary by the Secretary to facilitate the service of process.

(3)If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—

(A)to make such ruling as the court shall determine to be in accordance with law; or

(B)to take such further action as, in the opinion of the court, the law requires.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7106

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73