7 U.S.C. § 6807

Petition and review

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(a) Petition and hearing(1) PetitionA person subject to an order 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 in accordance with law; and(B) requesting a modification of the order or an exemption from the order.(2) Hearing

The petitioner shall be given the opportunity for a hearing on a petition filed under paragraph (1), in accordance with regulations issued by the Secretary. Any such hearing shall be conducted in accordance with section 6809(b)(2) of this title and be held within the United States judicial district in which the residence or principal place of business of the person is located.

(3) Ruling

After a hearing under paragraph (2), 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 a person who is a petitioner under subsection (a) resides or conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed not later than 20 days after the date of the entry of the ruling by the Secretary.

(2) Process

Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure.

(3) RemandIf the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person 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 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.(c) Enforcement

The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 6808 of this title.

(Pub. L. 103–190, § 8, Dec. 14, 1993, 107 Stat. 2285.)Editorial NotesReferences 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.

Notes of Decisions

Cited in 2 cases, 1997–2017 · leading case: United States ex. rel. Thistlethwaite v. Dowty Woodville Polymer, Ltd., 110 F.3d 861 (2d Cir. 1997).

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United States ex. rel. Thistlethwaite v. Dowty Woodville Polymer, Ltd., 110 F.3d 861 (2d Cir. 1997). “§ 1321 (b)(7)(E) (“such court shall have jurisdiction ” (emphasis added)); Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, 7 U.S.C. § 6807 (b)(1) (“[t]he district courts of the United States in any district in which a person .”

Robbins v. New York Corn & Soybean Growers Ass'n, 244 F. Supp. 3d 300 (N.D.N.Y. 2017). “7 U.S.C. § 6807 (a). Robbins and Czub do not identify any statutory section, regulation, or order mandating that a QSSB, such as NYCSGA, follow its own, charter and bylaws.”

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