
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC6106]

 
                          TITLE 7--AGRICULTURE
 
   CHAPTER 90--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION
 
Sec. 6106. Petition and review


(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 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 the opportunity for a hearing on 
    the petition, in accordance with regulations issued by the 
    Secretary.

                             (3) Ruling

        After such hearing, the Secretary shall make a ruling on the 
    petition, which shall be final if in accordance with law.

(b) Review

                     (1) Commencement of action

        The district courts of the United States in any district in 
    which a person who is a petitioner under subsection (a) of this 
    section resides or carries on business are hereby vested with 
    jurisdiction to review the ruling on such person's petition, if a 
    complaint for that purpose is filed within 20 days after the date of 
    the entry of such ruling of the Secretary under subsection (a) of 
    this section.

                             (2) Process

        Service of process in such proceedings shall be conducted in 
    accordance with the Federal Rules of Civil Procedure.

                             (3) Remands

        If the court determines that such ruling is not in accordance 
    with law, the court shall remand the matter to the Secretary with 
    directions either--
            (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 proceedings instituted under subsection (a) of 
    this section shall not impede, hinder, or delay the Attorney General 
    or the Secretary from obtaining relief pursuant to section 6107 of 
    this title.

(Pub. L. 101-624, title XIX, Sec. 1927, Nov. 28, 1990, 104 Stat. 3862.)

                       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.

                  Section Referred to in Other Sections

    This section is referred to in section 6108 of this title.
