Title 7AgricultureRelease 119-73not60

§7486 Petition and Review

Title 7 › Chapter 101— AGRICULTURAL PROMOTION › Subchapter V— POPCORN › § 7486

Last updated Apr 3, 2026|Official source

Summary

A person who is under an order can ask the Secretary to change the order or excuse them from it if they believe the order, a part of it, or a duty tied to it is not lawful. A challenge about a duty must be filed within 2 years after that duty was imposed. The person gets a hearing under rules the Secretary makes. After the hearing, the Secretary will issue a decision, which is final if it follows the law. If the person disagrees with the Secretary’s decision, they can take the case to a U.S. district court where they live or do business. They must file the complaint within 20 days after the Secretary’s decision. The Secretary can be served by delivering a copy of the complaint. If the court finds the Secretary’s decision broke the law, the court will send the case back with instructions to make a lawful decision or to take further steps the court requires. Asking for review does not stop the Secretary or the Attorney General from taking other enforcement actions.

Full Legal Text

Title 7, §7486

Agriculture — Source: USLM XML via OLRC

(a)(1)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 established in accordance with law; and
(B)requesting a modification of the order or obligation or an exemption from the order or obligation.
(2)A petition under paragraph (1) concerning an obligation may be filed not later than 2 years after the date of imposition of the obligation.
(3)The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary.
(4)After a hearing under paragraph (3), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable 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 a ruling on the petition, if the person files a complaint not later than 20 days after the date of issuance of the ruling under subsection (a)(4).
(2)Service of process in a proceeding under paragraph (1) may be made on the Secretary by delivering a copy of the complaint to the Secretary.
(3)If the court determines, under paragraph (1), that a ruling issued under subsection (a)(4) is not in accordance with applicable 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 proceedings as, in the opinion of the court, the law requires.
(c)The pendency of proceedings instituted under subsection (a) may not impede, hinder, or delay the Secretary or the Attorney General from taking action under section 7487 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7486

Title 7Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60