§ 2712. — Refund of assessment from Egg Board.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC2712]
TITLE 7--AGRICULTURE
CHAPTER 60--EGG RESEARCH AND CONSUMER INFORMATION
Sec. 2712. Refund of assessment from Egg Board
(a) Procedures
Notwithstanding any other provisions of this chapter except as
provided in subsection (b) of this section, any egg producer against
whose commercial eggs any assessment is made and collected from him
under authority of this chapter and who is not in favor of supporting
the programs as provided for herein shall have the right to demand and
receive from the Egg Board a refund of such assessment: Provided, That
such demand shall be made personally by such producer in accordance with
regulations and on a form and within a time period prescribed by the
Board and approved by the Secretary but in no event more than ninety
days after the end of the month in which the assessments are due and
collectable, and upon submission of proof satisfactory to the Board that
the producer paid the assessment for which refund is sought, and any
such refund shall be made within sixty days after demand is received
therefor.
(b) Amendment of order to eliminate producer refund: effective date;
refund referendum; escrow account; requirements for one-time
refund; proration of refunds
(1) With regard to each order issued under this chapter that
provides for a producer refund, the Secretary shall amend such order to
eliminate such refund.
(2) Notwithstanding sections 2708 and 2710 of this title, an
amendment made by the Secretary pursuant to paragraph (1)--
(A) shall take effect on the date that the Secretary issues the
amendment; and
(B) shall not be subject to a referendum under section 2708 or
2709(b) of this title until the end of the 18-month period beginning
on such effective date.
(3) During the period prior to the referendum of an amendment issued
pursuant to paragraph (1) and beginning on the effective date of such
amendment, the Egg Board shall--
(A) establish an escrow account to be used for assessment
refunds; and
(B) place funds in such account in accordance with paragraph
(4).
(4) The Egg Board shall place in such account, from assessments
collected during the period referred to in paragraph (3), an amount
equal to the product obtained by multiplying the total amount of
assessments collected during such period by 10 percent.
(5) Subject to paragraphs (6), (7), and (8), any producer shall have
the right to demand and receive from the Egg Board a one-time refund of
assessments collected from such producer during the period referred to
in paragraph (3) if--
(A) such producer is responsible for paying such assessments;
(B) such producer does not support the program established under
this chapter; and
(C) the amendment issued pursuant to paragraph (1) is not
approved pursuant to a referendum under section 2708 or 2709(b) of
this title.
(6) Such demand shall be made in accordance with regulations, on a
form, and within a time period prescribed by the Egg Board.
(7) Such refund shall be made on submission of proof satisfactory to
the Egg Board that such producer paid the assessment for which refund is
demanded.
(8) If the amount in the escrow account required to be established
by paragraph (3) is not sufficient to refund the total amount of
assessments demanded by all eligible producers under this subsection and
the amendment issued pursuant to paragraph (1) is not approved pursuant
to a referendum under section 2708 or 2709(b) of this title, the Egg
Board shall prorate the amount of such refunds among all eligible
producers who demand such refund.
(Pub. L. 93-428, Sec. 13, Oct. 1, 1974, 88 Stat. 1177; Pub. L. 100-575,
Sec. 3, Oct. 31, 1988, 102 Stat. 2895.)
Amendments
1988--Subsec. (a). Pub. L. 100-575 designated existing provisions as
subsec. (a), inserted ``except as provided in subsection (b) of this
section'', and added subsec. (b).
