§ 3408. — Refund of processed wheat assessment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3408]
TITLE 7--AGRICULTURE
CHAPTER 65--WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION
Sec. 3408. Refund of processed wheat assessment
(a) Election of end product manufacturers to seek refunds
Subsequent to the approval by the Secretary of the annual budget of
the Council or amendments thereto, a summary of such budget or
amendments thereto, including a brief general description of the
proposed research and nutrition education programs contemplated therein,
shall be published in the Federal Register. All end product
manufacturers not exempt hereunder shall have sixty days from the date
of such publication within which to elect, under such conditions as the
Secretary may prescribe, by so indicating to the Council in writing, by
registered or certified mail, to reserve the right to seek refunds under
subsection (b) of this section. Only those end product manufacturers who
make such an election, under the described procedure, shall be eligible
for refunds of assessments paid during the one-year period immediately
following the expiration of such sixty-day period.
(b) Refund demand; rules and regulations
Notwithstanding any other provision of this chapter, any end product
manufacturer who has been subject to and has paid an assessment, but who
has reserved the right, under subsection (a) of this section, to seek a
refund, and who is not in favor of supporting the programs as provided
for herein, shall have the right to demand and receive from the Council
a refund of such assessment: Provided, That such demand shall be made by
such end product manufacturer in accordance with regulations, and on a
form and within a time period, prescribed by the Council and approved by
the Secretary and upon submission of proof satisfactory to the Council
that the end product manufacturer paid the assessment for which refund
is sought, and any such refund shall be made within sixty days after
demand is received therefor.
(Pub. L. 95-113, title XVII, Sec. 1709, Sept. 29, 1977, 91 Stat. 1037.)
