Title 7 — Agriculture
Chapter 79 — Pork Promotion, Research, and Consumer Information
§ 4814. Petition and review
Statutory text
A person subject to an order may file with the Secretary a petition—
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
requesting a modification of such order or an exemption from such order.
Such person shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
After such hearing, the Secretary shall make a determination granting or denying such petition.
A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination.
Service of process in such proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.
If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to—
make such ruling as the court shall determine to be in accordance with law; or
take such further proceedings as, in the opinion of the court, the law requires.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pork Promotion, Research, and Consumer Information Act of 1985
Pub. L. 99–198 title XVI § 1625 · 99 Stat. 1354
Enacted · 7 U.S.C. § 4814
(Pub. L. 99–198, title XVI, § 1625, Dec. 23, 1985, 99 Stat. 1619.)
Source evidence
Code source credit
(Pub. L. 99–198, title XVI, § 1625, Dec. 23, 1985, 99 Stat. 1619.)Enacted provision · exact public law section
Sec. 1625. petition and review (a) (1) A person subject to an order may file with the 7 USC 4814. 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 such order or an exemption from such order. (2) Such person shall be given an opportunity for a hearing on the Regulations. petition, in accordance with regulations issued by the Secretary. (3) After such hearing, the Secretary shall make a determination granting or denying such petition. (b) (1) A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination. (2) Service of process in such proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary. (3) If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to— (A) make such ruling as the court shall determine to be in accordance with law; or (B) take such further proceedings as, in the opinion of the court, the law requires.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.