Title 7, AgricultureRelease 119-110

§2712 Refund of Assessment From Egg Board

Title 7 › CHAPTER 60 — EGG RESEARCH AND CONSUMER INFORMATION › § 2712

Last updated Sep 22, 2026|Official source

Summary

If an egg producer does not want to support the egg program, the producer can ask the Egg Board to give back the assessment paid on their commercial eggs. The producer must ask in person, use the Board’s approved form and follow its rules, and make the request no later than 90 days after the end of the month when the assessments were due. The producer must show proof they paid the assessment. The Egg Board must give the refund within 60 days after it gets the request. The Secretary must change any order that lets producers get refunds so that refunds are removed. That change starts the day it is issued and cannot be voted on for 18 months. From that day until the vote, the Egg Board must open an escrow account and put into it 10 percent of the assessments collected in that time. If the change is not approved in the later vote, any producer who paid assessments in that period and does not support the program can make one claim for a refund under the Board’s rules and with proof of payment. If the escrow does not have enough money to pay everyone, refunds will be split pro rata.

Full Legal Text

Title 7, §2712

Agriculture, Source: USLM XML via OLRC

(a)Procedures
Notwithstanding any other provisions of this chapter except as provided in subsection (b), 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 section 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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).

Reference

Citations & Metadata

Citation

7 U.S.C. § 2712

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110