
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7418]

 
                          TITLE 7--AGRICULTURE
 
                   CHAPTER 101--AGRICULTURAL PROMOTION
 
     SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND 
        INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
 
Sec. 7418. Petition and review of orders


(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) of this section.

                     (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) of this 
    section 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) of this section.

                             (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) of this 
section or an action commenced under subsection (b) of this section 
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.

(Pub. L. 104-127, title V, Sec. 519, Apr. 4, 1996, 110 Stat. 1044.)
