Title 7, AgricultureRelease 119-110

§7467 Petition and Review

Title 7 › CHAPTER 101 — AGRICULTURAL PROMOTION › SUBCHAPTER IV — KIWIFRUIT › § 7467

Last updated Sep 22, 2026|Official source

Summary

If you are affected by an order, you can ask the Secretary in writing to change the order or to excuse you from it. Say why the order or its rules are wrong under the law. You must ask within 2 years after the order or requirement began. You must be given a hearing under the Secretary’s rules, and the Secretary will make a decision after the hearing. That decision is final if it follows the law. If you disagree with the Secretary’s decision, you can ask the U.S. district court where you live or do business to review it, but you must file that complaint within 20 days of the Secretary’s ruling. Legal papers must be served under the federal court rules. If the court finds the decision unlawful, it will send the case back with instructions for a lawful decision or further action. While the petition or review is pending, the government can still seek enforcement or other relief under the law.

Full Legal Text

Title 7, §7467

Agriculture, Source: USLM XML via OLRC

(a)Petition
(1)In general
A person subject to an order may file with the Secretary a petition—
(A)stating that the order, a provision of the order, or an obligation imposed in connection with the order is not in accordance with law; and
(B)requesting a modification of the order or an exemption from the order.
(2)Hearings
A person submitting a petition under paragraph (1) 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 issue a ruling on the petition which shall be final if the petition is in accordance with law.
(4)Limitation on petition
Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.
(b)Review
(1)Commencement of action
The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business is vested with 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 a ruling by the Secretary under subsection (a).
(2)Process
Service of process in the proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(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.
(4)Enforcement
The pendency of a proceeding instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 7468 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7467

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110