7 USC § 7467 - Petition and review

---
identifier: "/us/usc/t7/s7467"
source: "usc"
legal_status: "official_prima_facie"
title: "7 USC § 7467 - Petition and review"
title_number: 7
title_name: "AGRICULTURE"
section_number: "7467"
section_name: "Petition and review"
chapter_number: 101
chapter_name: "AGRICULTURAL PROMOTION"
subchapter_number: "IV"
subchapter_name: "KIWIFRUIT"
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, § 558, Apr. 4, 1996, 110 Stat. 1070.)"
---


# § 7467. Petition and review

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

**(1)** **In general** A person subject to an order may file with the Secretary a petition—

**(A)** stating that the order, a provision of the order, or an 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)** **Hearings** A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.

**(3)** **Ruling** After the hearing, the Secretary shall issue a ruling on the petition which shall be final if the petition is in accordance with law.

**(4)** **Limitation on petition** Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.

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

**(1)** **Commencement of action** The district court of the United States for any district in which the person who is a petitioner under subsection (a) resides or carries on business is vested with jurisdiction to review the 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 a ruling by the Secretary under subsection (a).

**(2)** **Process** Service of process in the proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.

**(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 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.

**(4)** **Enforcement** section 7468 of this title

The pendency of a proceeding instituted pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to .

---

**Source Credit**: (Pub. L. 104–127, title V, § 558, Apr. 4, 1996, 110 Stat. 1070.)

## 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.