7 U.S.C. § 6206

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6206 - Petition and review

(a) Petition

(1) In general

A person subject to an order may file with the Secretary a petition-

(A) stating that such order, a provision of such order, or an obligation imposed in connection with such 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 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 such person who is a petitioner under subsection (a) 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 a ruling by the Secretary under subsection (a).

(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 the 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 pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 6207 of this title.

7 U.S.C. § 6206

Pub. L. 101-624, title XIX, §19571957,, 104 Stat. 3876.

EDITORIAL NOTES

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

United States: "United States" means the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Secretary: The term "Secretary" means the Secretary of Agriculture.
order: The term "order" means a lime research, promotion, and consumer information order issued by the Secretary under section 6203(a) of this title.
person: The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or other legal entity.