§3408 — Title 7 Agriculture | U.S. Code

Summary

After the Secretary approves the Council’s annual budget or changes, the Council must publish a short summary in the Federal Register that includes a simple description of the planned research and nutrition education programs. End product manufacturers who are not exempt have 60 days from that publication to tell the Council in writing, by registered or certified mail, that they want to reserve the right to seek refunds. Only those who reserve in that 60-day window can get refunds for assessments paid in the one-year period that starts when the 60 days end. A manufacturer who paid an assessment, reserved the right, and does not want to support the programs can demand a refund. The demand must follow the rules, use the form, meet the deadline set by the Council and approved by the Secretary, and include proof of payment. The Council must pay any approved refund within 60 days after it receives the demand.

Title 7, §3408

Agriculture — Source: USLM XML via OLRC

(a)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)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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an

Effective Date

of 1977 Amendment note under section 1307 of this title.

§3408 Refund of processed wheat assessment

Summary

Title 7, §3408

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata