§ 4609. — Petition and review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4609]
TITLE 7--AGRICULTURE
CHAPTER 77--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Sec. 4609. Petition and review
(a) Filing of petition; hearing
(1) In general
Subject to paragraph (4), a person subject to an order may file
a written petition with the Secretary--
(A) that states 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) that requests--
(i) a modification of the order, provision, or
obligation; or
(ii) to be exempted from the order, provision, or
obligation.
(2) Hearing
In accordance with regulations issued by the Secretary, the
petitioner shall be given an opportunity for a hearing on the
petition.
(3) Ruling
After the hearing, the Secretary shall make a ruling on the
petition that shall be final, if in accordance with law.
(4) Statute of limitations
A petition filed under this subsection that challenges an order,
any provision of the order, or any obligation imposed in connection
with the order, shall be filed not later than 2 years after the
later of--
(A) the effective date of the order, provision, or
obligation challenged in the petition; or
(B) the date on which the petitioner became subject to the
order, provision, or obligation challenged in the petition.
(b) District court; jurisdiction; review; rulings
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, provided 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 upon the
Secretary by delivering to the Secretary a copy of the complaint. 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. The pendency of proceedings instituted pursuant to
subsection (a) of this section shall not impede, hinder, or delay the
United States or the Secretary from obtaining relief pursuant to section
4610 of this title.
(Pub. L. 98-590, Sec. 10, Oct. 30, 1984, 98 Stat. 3121; Pub. L. 105-185,
title VI, Sec. 605(i), June 23, 1998, 112 Stat. 599.)
Amendments
1998--Subsec. (a). Pub. L. 105-185 added subsec. (a) and struck out
former subsec. (a) which read as follows: ``Any person subject to an
order may file, within a period prescribed by the Secretary, a written
petition with the Secretary, stating that 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 to be
exempted therefrom. Such person shall thereupon be given an opportunity
for a hearing upon such petition, in accordance with regulations made by
the Secretary. After such hearing, the Secretary shall make a ruling
upon such petition which shall be final, if in accordance with law.''
Section Referred to in Other Sections
This section is referred to in section 4610a of this title.
