Title 7, AgricultureRelease 119-102

§4509 Petition and Review

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

Last updated Aug 21, 2026|Official source

Summary

Anyone affected by an order under this part can file a petition with the Secretary saying the order (or part of it) is not lawful and asking for a change or an exemption. The person must be given a hearing under the Secretary’s rules. After the hearing, the Secretary issues a decision, which stands if it follows the law. If unhappy, the person can file a complaint in the U.S. district court where they live or do business within twenty days after the Secretary’s decision. A copy of the complaint can be given to the Secretary as service. If the court finds the decision unlawful, it will send the case back and tell the Secretary either to make a new lawful decision or to take further steps the court orders.

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

Aug 21, 2026

Release point: 119-102