7 USC § 6106 - Petition and review

---
identifier: "/us/usc/t7/s6106"
source: "usc"
legal_status: "official_prima_facie"
title: "7 USC § 6106 - Petition and review"
title_number: 7
title_name: "AGRICULTURE"
section_number: "6106"
section_name: "Petition and review"
chapter_number: 90
chapter_name: "MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–624, title XIX, § 1927, Nov. 28, 1990, 104 Stat. 3862.)"
---


# § 6106. Petition and review

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

**(1)** **In general** A person subject to an order issued under this chapter 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)** **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 such 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 a 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 such ruling of 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 action as, in the opinion of the court, the law requires.

**(4)** **Enforcement** section 6107 of this title

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

---

**Source Credit**: (Pub. L. 101–624, title XIX, § 1927, Nov. 28, 1990, 104 Stat. 3862.)

## 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.