Title 7 — AgricultureRelease 119-73

§7418 Petition and review of orders

Title 7 › Chapter CHAPTER 101— - AGRICULTURAL PROMOTION › Subchapter SUBCHAPTER II— - ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES › § 7418

Last updated Apr 6, 2026|Official source

Summary

If you are subject to an order, you may file a petition with the Secretary within 2 years saying the order (or part of it) was not made according to law and asking for a change or an exemption. The Secretary must give you a hearing under the Secretary’s rules and then make a final decision, which you can ask a court to review. To get court review, you must file in a federal district court where you live or do business within 20 days after the Secretary’s final decision. You can serve the Secretary by delivering a copy of your complaint. If the court finds the decision was unlawful, it will send the case back with instructions to fix it or take other required steps. Filing a petition or lawsuit does not stop enforcement actions, including rules, orders, or penalties, from going forward.

Full Legal Text

Title 7, §7418

Agriculture — Source: USLM XML via OLRC

(a)(1)A person subject to an order issued under this subchapter 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 Secretary shall give the petitioner 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, subject to review as set forth in subsection (b).

(4)Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.

(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 final 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 final ruling by the Secretary under subsection (a)(3).

(2)Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.

(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 determines to be in accordance with law; or

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

(c)The pendency of a petition filed under subsection (a) or an action commenced under subsection (b) shall not operate as a stay of any action authorized by section 7419 of this title to be taken to enforce this subchapter, including any rule, order, or penalty in effect under this subchapter.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7418

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73