2018 US Code
Title 7 - Agriculture
Chapter 65 - Wheat and Wheat Foods Research and Nutrition Education
Sec. 3409 - Petition and review

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Citation 7 U.S.C. § 3409 (2018)
Section Name §3409. Petition and review
Section Text (a) Petition; hearing; ruling

Any person subject to any order may file a written petition with the Secretary, stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or for an exemption therefrom. The petitioner shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations issued by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.

(b) Judicial review; jurisdiction; process; remand

The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of 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 a copy of the complaint to the Secretary. 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.

Source Credit

(Pub. L. 95–113, title XVII, §1710, Sept. 29, 1977, 91 Stat. 1037.)

Editorial Notes EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.

Publication Title United States Code, 2018 Edition, Title 7 - AGRICULTURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 7 - AGRICULTURE
CHAPTER 65 - WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION
Sec. 3409 - Petition and review
Contains section 3409
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 91 Stat. 1037
Public Law References Public Law 95-113
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