Title 7AgricultureRelease 119-73not60

§7106 Petition and Review

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

Last updated Apr 3, 2026|Official source

Summary

Anyone covered by an order under this law can ask the Secretary to change the order or excuse them if they think the order or a duty tied to it is not legal. They must be given a hearing under the Secretary’s rules. After the hearing, the Secretary decides, and that decision stands if it follows the law. A federal district court where the person lives or does business can review the Secretary’s decision if a complaint is filed within 20 days after the Secretary’s ruling. The complaint can be given to the Secretary under any rules the Secretary sets. If the court finds the decision unlawful, it sends the case back with directions to make a lawful ruling or take whatever action 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 7Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60