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Title 7 — AgricultureRelease 119-73not60

§3408 Refund of Processed Wheat Assessment

Title 7 › Chapter 65— WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION › § 3408

Last updated Apr 3, 2026|Official source

Summary

After the Secretary approves the Council’s annual budget or any changes, a short budget summary and a brief description of the planned research and nutrition education programs will be published in the Federal Register. Any non-exempt end product manufacturer has 60 days from that publication to send the Council a written notice by registered or certified mail to reserve the right to seek refunds. Only manufacturers who make that reservation can get refunds for assessments paid during the one-year period that starts after the 60-day window ends. If a manufacturer paid an assessment, reserved the right, and does not want to support the programs, it may request a refund. The request must follow the rules, use the form, and meet the deadlines the Council sets and the Secretary approves, and must include proof the assessment was paid. The Council must pay the refund within 60 days of getting the request.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 3408

Title 7 — Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60