7 USC § 7418 - Petition and review of orders

---
identifier: "/us/usc/t7/s7418"
source: "usc"
legal_status: "official_prima_facie"
title: "7 USC § 7418 - Petition and review of orders"
title_number: 7
title_name: "AGRICULTURE"
section_number: "7418"
section_name: "Petition and review of orders"
chapter_number: 101
chapter_name: "AGRICULTURAL PROMOTION"
subchapter_number: "II"
subchapter_name: "ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.)"
---


# § 7418. Petition and review of orders

**(a)** **Petition**

**(1)** **In general** A person subject to an order issued under this subchapter 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)** **Hearing** The Secretary shall give the petitioner 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. The ruling shall be final, subject to review as set forth in subsection (b).

**(4)** **Limitation on petition** Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.

**(b)** **Review**

**(1)** **Commencement of action** The district court of the United States for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review the final ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the final ruling by the Secretary under subsection (a)(3).

**(2)** **Process** Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.

**(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—

**(A)** to make such ruling as the court determines to be in accordance with law; or

**(B)** to take such further action as, in the opinion of the court, the law requires.

**(c)** **Effect on enforcement proceedings** section 7419 of this title

The pendency of a petition filed under subsection (a) or an action commenced under subsection (b) shall not operate as a stay of any action authorized by  to be taken to enforce this subchapter, including any rule, order, or penalty in effect under this subchapter.

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**Source Credit**: (Pub. L. 104–127, title V, § 519, Apr. 4, 1996, 110 Stat. 1044.)