§ 2907. — Refunds.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC2907]
TITLE 7--AGRICULTURE
CHAPTER 62--BEEF RESEARCH AND INFORMATION
Sec. 2907. Refunds
(a) Establishment of escrow account
During the period prior to the approval of the continuation of an
order pursuant to the referendum required under section 2906(a) of this
title, subject to subsection (f) of this section, the Board shall--
(1) establish an escrow account to be used for assessment
refunds;
(2) place funds in such account in accordance with subsection
(b) of this section; and
(3) refund assessments to persons in accordance with this
section.
(b) Funding escrow account
Subject to subsection (f) of this section, the Board shall place in
such account, from assessments collected under section 2906 of this
title during the period referred to in subsection (a) of this section,
an amount equal to the product obtained by multiplying--
(1) the total amount of assessments collected under section 2906
of this title during such period; by
(2) the greater of--
(A) the average rate of assessment refunds provided to
producers under State beef promotion, research, and consumer
information programs financed through producer assessments, as
determined by the Board; or
(B) 15 percent.
(c) Demand and receipt of one-time refund
Subject to subsections (d), (e), and (f) of this section and
notwithstanding any other provision of this chapter,\1\ any person shall
have the right to demand and receive from the Board a one-time refund of
all assessments collected under section 2906 of this title from such
person during the period referred to in subsection (a) of this section
if such person--
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\1\ See References in Text note below.
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(1) is responsible for paying such assessment; and
(2) does not support the program established under this chapter.
(d) Form and time period for demand for one-time refund
Such demand shall be made in accordance with regulations, on a form,
and within a time period prescribed by the Board.
(e) Submission of proof for one-time refund
Such refund shall be made on submission of proof satisfactory to the
Board that the producer, person, or importer--
(1) paid the assessment for which refund is sought; and
(2) did not collect such assessment from another producer,
person, or importer.
(f) Insufficiency of funds in escrow account; proration of funds among
eligible persons
(1) If the amount in the escrow account required to be established
by subsection (a) of this section is not sufficient to refund the total
amount of assessments demanded by all eligible persons under this
section and the continuation of an order is approved pursuant to the
referendum required under section 2906(a) \1\ of this title, the Board
shall--
(A) continue to place in such account, from assessments
collected under section 2904 of this title, the amount required
under subsection (b) of this section, until such time as the Board
is able to comply with subparagraph (B); and
(B) provide to all eligible persons the total amount of
assessments demanded by all eligible producers.
(2) If the amount in the escrow account required to be established
by subsection (a) of this section is not sufficient to refund the total
amount of assessments demanded by all eligible persons under this
section and the continuation of an order is not approved pursuant to the
referendum required under section 2906(a) of this title, the Board shall
prorate the amount of such refunds among all eligible persons who demand
such refund.
(Pub. L. 94-294, Sec. 8, May 28, 1976, 90 Stat. 532; Pub. L. 99-198,
title XVI, Sec. 1601(b), Dec. 23, 1985, 99 Stat. 1604.)
References in Text
This chapter, referred to in provisions preceding par. 1 of subsec.
(c), was in the original ``this subtitle'', and was translated as
reading ``this Act'' to reflect the probable intent of Congress.
Section 2906(a) of this title, referred to in subsec. (f)(1), was in
the original a reference to section 10(a) of Pub. L. 94-294, section
2909(a) of this title, and was translated as section 2906(a) of this
title as the probable intent of Congress, in view of section 2909 of
this title not containing a subsec. (a) and the subject matter of
section 2906(a) which relates to a referendum.
Amendments
1985--Pub. L. 99-198 amended section generally, substituting
provisions relating to refunds for provisions relating to required terms
and conditions in orders.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-198 effective Jan. 1, 1986, see section
1601(c) of Pub. L. 99-198, set out as a note under section 2901 of this
title.
