Title 7, AgricultureRelease 119-102

§4313 Administrative and Judicial Review; Procedures Applicable

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

Last updated Aug 21, 2026|Official source

Summary

Anyone who must follow an order can file a written petition with the Secretary saying the order or duties tied to it are unlawful and asking for a change or exemption. The person gets a hearing under the Secretary’s rules. After the hearing, the Secretary issues a ruling, and that ruling stands if it is lawful. A person can ask a U.S. district court where they live or do business to review the ruling if they file within 20 days. Service is by giving the Secretary a copy. If the court finds the ruling unlawful, it sends the case back with directions to fix it or take further action. A pending petition does not stop the government or Secretary from seeking relief under another law.

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

Aug 21, 2026

Release point: 119-102