---
kind: "section"
citation: "7 U.S.C. § 7467"
title: "7"
title_heading: "Agriculture"
number: "7467"
heading: "Petition and review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7467"
units:
  - "Chapter 101 — Agricultural Promotion"
  - "Subchapter IV — Kiwifruit"
---

# §7467. Petition and review

- (a) **Petition—**
  - (1) **In general—** A [person](/usc/7/7462.md?p=9) subject to an [order](/usc/7/7462.md?p=8) may file with the [Secretary](/usc/7/7462.md?p=14) a petition—
    - (A) stating that the [order](/usc/7/7462.md?p=8), a provision of the [order](/usc/7/7462.md?p=8), or an obligation imposed in connection with the [order](/usc/7/7462.md?p=8) is not in accordance with law; and
    - (B) requesting a modification of the [order](/usc/7/7462.md?p=8) or an exemption from the [order](/usc/7/7462.md?p=8).
  - (2) **Hearings—** A [person](/usc/7/7462.md?p=9) submitting a petition under [paragraph (1)](#a-1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the [Secretary](/usc/7/7462.md?p=14).
  - (3) **Ruling—** After the hearing, the [Secretary](/usc/7/7462.md?p=14) 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](/usc/7/7462.md?p=8), or any obligation imposed in connection with an [order](/usc/7/7462.md?p=8), shall be filed not later than 2 years after the effective date of the [order](/usc/7/7462.md?p=8) or imposition of the obligation.
- (b) **Review—**
  - (1) **Commencement of action—** The district court of the [United States](/usc/7/7462.md?p=15) for any district in which the [person](/usc/7/7462.md?p=9) who is a petitioner under [subsection (a)](#a) resides or carries on business is vested with jurisdiction to review the ruling on the petition of the [person](/usc/7/7462.md?p=9), 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](/usc/7/7462.md?p=14) under [subsection (a)](#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](/usc/7/7462.md?p=14) 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—** The pendency of a proceeding instituted pursuant to [subsection (a)](#a) shall not impede, hinder, or delay the Attorney General or the [Secretary](/usc/7/7462.md?p=14) from obtaining relief pursuant to [section 7468 of this title](/usc/7/7468.md).

## Source credit

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

## Notes

### 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.