7 U.S.C. § 3408 — Refund of processed wheat assessment
submitted 49 years ago by Pub. L. 95-113 to r/title-7-AGRICULTURE · 290 words · no verdicts yet
After the Secretary approves the Council’s annual budget or amendments, nonexempt manufacturers have 60 days to reserve a right to seek refunds. A manufacturer that reserved that right and opposes the programs may demand a refund under the stated procedures.
(a) After the Secretary* approves the Council’s annual budget or an amendment, a summary must be published in the Federal Register, including a short description of the planned research* and nutrition-education programs. Every nonexempt end-product manufacturer then has 60 days to reserve in writing, by registered or certified mail to the Council* and under the Secretary’s conditions, the right to seek a refund under subsection (b). Only manufacturers that make this election may receive refunds of assessments paid during the one-year period immediately after those 60 days end. (b) Despite other provisions of this chapter, a manufacturer that was subject to and paid an assessment, reserved the refund right, and does not support the programs may demand and receive a refund from the Council. The demand must follow Council regulations, use the Council’s form, be timely, and be approved by the Secretary. The manufacturer must provide proof satisfactory to the Council that it paid the assessment. The Council must pay the refund within 60 days after receiving the demand.
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.
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.
Source credit: (Pub. L. 95–113, title XVII, § 1709, Sept. 29, 1977, 91 Stat. 1037.)
- 1977Enacted · Pub. L. 95-113 · 91 Stat. 1037
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-113 on 1977-09-29.
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