§2907 — Title 7 Agriculture | U.S. Code

Summary

During the period before the required referendum under section 2906(a) approves continuing the order, and unless subsection (f) says otherwise, the Board must open an escrow account for refunds, put money into it from assessments collected under section 2906, and make refunds from that account. The amount put in must equal the total assessments collected in that period multiplied by whichever is larger: the average refund rate from State beef promotion programs as the Board decides, or 15 percent. Any person who paid an assessment under section 2906 during that period and who does not support the program can make one one-time request for a refund of all assessments taken from them in that period. Requests must follow the Board’s rules, use the Board’s form, and meet the Board’s deadline. The Board will pay refunds after the person proves they paid the assessment and did not pass it on to someone else. If the escrow does not cover all requests and the referendum approves continuation, the Board must keep putting the required amount (from assessments under section 2904) into the escrow until everyone gets the full refunds. If the referendum does not approve continuation and the escrow is short, refunds will be split proportionally among claimants.

Title 7, §2907

Agriculture — Source: USLM XML via OLRC

(a)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), 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); and

(3)refund assessments to persons in accordance with this section.

(b)Subject to subsection (f), the Board shall place in such account, from assessments collected under section 2906 of this title during the period referred to in subsection (a), 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)Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this chapter,11 See References in Text note below. 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) if such person—

(1)is responsible for paying such assessment; and

(2)does not support the program established under this chapter.

(d)Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board.

(e)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)(1)If the amount in the escrow account required to be established by subsection (a) 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), 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) 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.

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 AmendmentAmendment 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.

§2907 Refunds