7 U.S.C. § 3408: Refund of processed wheat…

Summary

Publish a short summary of the Council’s approved annual budget (with a brief description of planned research and nutrition work) in the Federal Register. Any end product manufacturer who is not exempt must, within 60 days of that publication, tell the Council in writing by registered or certified mail that they want to keep the right to ask for refunds. Only manufacturers who do this can get refunds for assessments paid during the one-year period that starts when that 60-day window ends. If a manufacturer paid an assessment, made the reservation, and does not want to support the programs, they can ask the Council for a refund. The request must follow the Council’s rules (and forms and deadlines) approved by the Secretary and include proof of payment the Council accepts. The Council must pay any approved refund within 60 days after it gets the request.

Title 7, §3408

Agriculture, Source: USLM XML via OLRC

(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.

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