Title 7, AgricultureRelease 119-110

§7106 Petition and Review

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

Last updated Sep 22, 2026|Official source

Summary

A person who must follow an order under this chapter can ask the Secretary to change the order or excuse them from it by filing a petition that says the order or its requirements are not lawful. The person must be allowed a hearing under rules the Secretary makes, and the Secretary will decide the petition. The Secretary’s decision is final if it follows the law. A petitioner can ask a federal district court where they live or do business to review the Secretary’s decision by filing a complaint within 20 days after the decision. A copy of the complaint can be given to the Secretary under the Secretary’s rules for service. If the court finds the decision unlawful, it will send the case back to the Secretary with instructions to issue a lawful ruling or take other action the court says the law requires.

Full Legal Text

Title 7, §7106

Agriculture, Source: USLM XML via OLRC

(a)Petition

(1)In general

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)Hearings

The petitioner shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.

(3)Ruling

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)Review

(1)Commencement of action

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)Process

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)Remands

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

Sep 22, 2026

Release point: 119-110