Brannan

The jurisdiction of the court is invoked under 7 U.S.C.A. § 608c(15) (B) to review a ruling of the Secretary of Agriculture. That ruling was an administrative determination that an order made by the Secretary was in accordance with law and a dismissal of plaintiff’s petition requesting to be exempted from the provisions of such order.

The Secretary’s order was issued under the authority of the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C.A. § 601 et seq., and related to the handling of hops produced in California, Oregon, Washington and Idaho. The order includes within the definition of “handling” the use of hops.

Plaintiff is engaged in the business of brewing and selling beer. In connection with this business plaintiff grows hops on a California ranch and uses such hops in the manufacture of its beer. Plaintiff itself harvests the hops, takes all steps necessary to prepare the hops for use in the brewing of beer, and transports the hops to the brewery. Plaintiff does not produce hops for other than its own use within the State of California where the hops are grown.

The Secretary’s order treats the plaintiff’s use of hops in the brewing of beer in the…