Title 7, AgricultureRelease 119-110

§7418 Petition and Review of Orders

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

Last updated Sep 22, 2026|Official source

Summary

People who are subject to an order under this subchapter can ask the Secretary to change the order or to excuse them from it. The petition must say the order, a part of it, or an obligation tied to it is not lawful and must be filed within 2 years after the order, part, or obligation takes effect. The Secretary must give the person a chance for a hearing under the Secretary’s rules and then make a final decision. If unhappy with the Secretary’s final decision, the person can ask a U.S. district court where they live or do business to review it by filing a complaint within 20 days of that decision. A copy of the complaint may be given directly to the Secretary. If the court finds the decision unlawful, it will send the matter back with instructions for the Secretary to fix it or take other steps. Having a petition or court case pending does not stop enforcement actions, rules, or penalties under section 7419.

Full Legal Text

Title 7, §7418

Agriculture, Source: USLM XML via OLRC

(a)Petition

(1)In general

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)Hearing

The Secretary shall give the petitioner 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, subject to review as set forth in subsection (b).

(4)Limitation on petition

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)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 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)Process

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

(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 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)Effect on enforcement proceedings

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

Sep 22, 2026

Release point: 119-110