Title 7 — Agriculture
Chapter 93 — Processor-Funded Milk Promotion Program
§ 6410. Petition and review
Statutory text
Petition
In general
A person subject to an order issued under this chapter may file with the Secretary a petition—
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
requesting a modification of the order or an exemption from the order.
Hearings
The petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
Ruling
After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
Review
Commencement of action
The district courts of the United States in any district in which the 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).
Process
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
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—
to make such ruling as the court shall determine to be in accordance with law; or
to 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.
Fluid Milk Promotion Act of 1990
Pub. L. 101–624 title XIX § 1999K · 104 Stat. 3359
Enacted · 7 U.S.C. § 6410
(Pub. L. 101–624, title XIX, § 1999K, Nov. 28, 1990, 104 Stat. 3921.)
Source evidence
Code source credit
(Pub. L. 101–624, title XIX, § 1999K, Nov. 28, 1990, 104 Stat. 3921.)Enacted provision · exact public law section
SEC. 1999K. PETITION AND REVIEW. (a) Petition.— (1) In general.— A person subject to an order issued under this subtitle 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) 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 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 the 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 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 proceedings as, in the opinion of the court, the law requires.
1 of 1 references resolved to an enrolled provision
Editorial Notes
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.