7 U.S.C. § 4509

Petition and review

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(a) Any person subject to any order issued under this subchapter may file with the Secretary a petition stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and requesting a modification thereof or an exemption therefrom. The petitioner shall thereupon 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 ruling on the petition, which shall be final if in accordance with law.(b) The district courts of the United States in any district in which such person is an inhabitant or carries on business are hereby vested with jurisdiction to review such ruling, if a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had on the Secretary by delivering a copy of the complaint to the Secretary. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires.(Pub. L. 98–180, title I, § 118, Nov. 29, 1983, 97 Stat. 1142.)

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1998–2025 · leading case: Avocados Plus Inc v. Veneman, Ann M., 370 F.3d 1243 (D.C. Cir. 2004).

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Avocados Plus Inc v. Veneman, Ann M., 370 F.3d 1243 (D.C. Cir. 2004). · cites it 2× “The court of appeals found that the language mandated exhaustion and that the district court had no jurisdiction to consider the plaintiffs challenge until it exhausted administrative remedies.”

Gallo Cattle Co., a California Ltd. P'ship v. The United States Dep't of Agric., 159 F.3d 1194 (9th Cir. 1998). · cites it 3× “The statutory provision for administratively challenging the legality of any order issued pursuant to the Dairy Promotion Program is found in subsection (a) of § 4509, which provides: Any person subject to any order issued under this sub chapter may file with the Secretary a…”

McBride Cotton & Cattle Corp. v. Veneman, 290 F.3d 973 (9th Cir. 2002). · cites it 2× “That section provides: (a) Any person subject to any order issued under this subchapter may file with the Secretary a petition stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and…”

Ghusain v. Webb (N.D. Cal. 2025). “identifying those rulings over which 10 the district court has jurisdiction to review, necessarily refers back to the ‘ruling on the petition’ 11 made by the Secretary,” the Ninth Circuit concluded the statute “vest[ed] jurisdiction in the district 12 courts to review only the…”

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