7 U.S.C. § 2907 — Refunds

(a) Establishment of escrow account During the period before the approval of the continuation of an order under the referendum required under section 2906(a) of this title , except as limited by subsection (f), the Board must do the following: (1) establish an escrow account to be used for assessment refunds; (2) place funds in that account under subsection (b); and (3) refund assessments to persons under this section. (b) Funding escrow account except as limited by subsection (f), the Board must place in that 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 that 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) Demand and receipt of one-time refund except as limited by subsections (d), (e), and (f) and even if another part of this chapter says otherwise, any person must 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 that person during the period referred to in subsection (a) if that person— (1) is responsible for paying that assessment; and (2) does not support the program established under this chapter. (d) Form and time period for demand for one-time refund that demand must be made under regulations, on a form, and within a time period prescribed by the Board. (e) Submission of proof for one-time refund that refund must 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 that assessment from another producer, person, or importer. (f) Insufficiency of funds in escrow account; pro­ration of funds among eligible persons (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 under the referendum required under section 2906(a) of this title, the Board must do the following: (A) continue to place in that account, from assessments collected under section 2904 of this title , the amount required under subsection (b), until that 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 under the referendum required under section 2906(a) of this title , the Board must prorate the amount of that refunds among all eligible persons who demand that refund.