§ 2625. — Amendment procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2625]
TITLE 7--AGRICULTURE
CHAPTER 58--POTATO RESEARCH AND PROMOTION
Sec. 2625. Amendment procedure
The provisions of this chapter applicable to plans shall be
applicable to amendments to plans.
(Pub. L. 91-670, title III, Sec. 316, Jan. 11, 1971, 84 Stat. 2047.)
Amendment Procedure
Pub. L. 101-624, title XIX, Sec. 1946, Nov. 28, 1990, 104 Stat.
3869, provided that:
``(a) In General.--Notwithstanding any provision of the Potato
Research and Promotion Act [7 U.S.C. 2611 et seq.] (hereafter in this
section referred to as the `Act'), the procedure specified in this
section shall apply if a producer or a producer organization requests
the Secretary of Agriculture (hereafter in this section referred to as
the `Secretary') to amend the plan in effect under that Act (hereafter
in this section referred to as the `plan') to--
``(1) subject importers to the terms and conditions of a plan,
and
``(2) eliminate provisions for refunds of assessments for those
not in favor of supporting the research and promotion program as
provided under that Act.
The procedure under this section shall apply only in the case of the
first such request received after the date of enactment of this Act
[Nov. 28, 1990].
``(b) Publication of Proposed Amendments.--The Secretary shall
publish for public comment such proposed amendments to the plan within
60 days.
``(c) Issuance of Final Amendments.--Not later than 150 days after
publication of such amendment, and after notice and opportunity for
public comment, the Secretary shall issue the amendments to the plan, as
described in subsection (a), if the Secretary has reason to believe that
such amendments will tend to effectuate the declared policy of this
subtitle [see Short Title of 1990 Amendment note set out under section
2611 of this title].
``(d) Referendum.--Not later than 24 months after the date of
issuance of such amendments to the plan, the Secretary shall conduct a
referendum among producers and importers who, during a representative
period determined by the Secretary, have been engaged in the production
or importation of potatoes. The amendments shall be continued only if
the Secretary determines that the amendments to the plan have been
approved by a majority of the total number of producers and importers
voting in the referendum.
``(e) Refunds.--The board shall--
``(1) establish an escrow account to be used for assessment
refunds, and place funds in such account in accordance with
paragraph (2) during the period beginning on the effective date of
the amendments to the plan issued under subsection (c) and ending on
the date of the referendum on the amendments to the plan;
``(2) place in the account established under paragraph (1), from
assessments collected under the plan during the period referred to
in paragraph (1), an amount equal to the product obtained by
multiplying the total amount of assessments collected during such
period by 10 percent;
``(3) subject to paragraphs (4), (5), and (6), provide that for
the period referred to in paragraph (1) any producer or importer
shall have the right to demand and receive from the board a one-time
refund of assessments collected from such producer or importer
during such period if--
``(A) such producer or importer is responsible for paying
such assessments;
``(B) such producer or importer does not support the program
established under the plan; and
``(C) the amendments to the plan to eliminate provisions for
refunds of assessments are not approved pursuant to a referendum
conducted under subsection (d);
``(4) require such demand to be made in accordance with
regulations, on a form, and within a time period prescribed by the
board;
``(5) require such refund to be made on submission of proof
satisfactory to the board that such producer or importer paid the
assessment for which refund is demanded; and
``(6) if the amount in the escrow account required to be
established by paragraph (1) is not sufficient to refund the total
amount of assessments demanded by all eligible producers and
importers under this subsection, prorate the amount of such refunds
among all eligible producers and importers who demand such refund.
``(f) Termination.--If such amendments to the plan are not approved,
the Secretary shall terminate the amendments and the plan shall continue
in effect without the amendments.
``(g) Amendment to Include the 50 States.--Notwithstanding any
provision of the Act, the Secretary shall, upon request of a producer or
a producer organization, issue an amendment to the plan to include the
50 States of the United States. Such amendment shall not be subject to a
referendum.''
