Page:United States Statutes at Large Volume 49 Part 1.djvu/805

 760 Pet itio n by handler and review. Filing. Hearing. Ruling. Jurisdiction of courts to review. Time for filing peti- ti on. Service of process. Remand of proceed- ings if ruling unlawful. Proceedings and re- lief under section 8 (a). Vol. 48, pp. 34, 675. Post, p . 76 2. Termination of or- der s and m arketi ng agreements . Orders . Marketing agree- ments. When termination fav ored by majority producers. Proviso. Requirement t hat majority producers have produced more than 50 per centum of volume of commodity. 74TH CONGRE SS. SESS. I. CH. 641. AUGUST 24, 1935. " PETITION BY HANDLER AND REVIEW "(15) (A) Any handler subject to an order may file a written petition with the Secretary of Agriculture, stating th at any s uch order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He sha ll thereupon be given an opportunity for a hearing upon s uch petition, in accordance with regulations made by the Secretary of Agriculture, with the approval of the President. After such hearing, the Secre- tary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law. " (B) The District Courts of the United States (including the Supreme Court of the District of Columbia) in any dist rict in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction in equity to review such ruling, provided a bill in equity for that purpose is filed within twenty days from the date of the entry of such ruling. Serv ice of pro cess in suc h proceedings may be had upon the Secretary by delivering to him a copy of the bill of complaint . If the court determines that such ruling is not in accordance with law, it shall remand such proceed- ings 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 p enden cy of proc eedin gs in stitu ted p ursua nt to this subs ectio n (15) shall not impede, hinder, or delay the United States or the Sec- retary of Agriculture from obtaining relief pursuant t o section 8a, (6) of this title. Any proceedings brought pursuant to section 8a (6 ) of this title (exc ept w here broug ht by way of co unter claim in proceedings instituted pursuant to this subsection (15)) shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, in stituted pur- suant to this subse ction (15). " TERMINATION OF ORDERS AND MAR KEtiN G AG REeM ENTS "(16) (A) The Secre tary of Ag ricul ture shall, whe never he f inds that any order issued under this section, or any provi sion thereof, obstructs or does not tend to effectuate the declared policy of this title, terminate or suspend the operation of such order or such provi- sion thereof. "(B) The Secretary shall terminate any marketing agreement entered into under section 8b, or order issued under this section, at the end of the then current marketing period for such commodity, specified in such marketing agreement or order, whenever he finds that such termination is favored by a majority of the producers who, during a representative period determined by the Secretary, hav e been engaged in the production for market of the commodity speci- fied in such marketing agreement or order, within the production area specified in such marketing agreement or order, o r who, during such representative period, have been engaged in the production of such commodity for sale within the marketing area specified in such marketing agreement or order : Provided, That such majority have, during such representative period, produced for market more than 50 per centum of the volume of such commodity produced for market within the production area specified in such marketing agree- ment or order, or have, during such representative per iod, produced more than 50 per centum of the volume of such commodity sold in the marketing area specified in such marketing agreement or order, but such termination shall be effective only if announced on or before