7 U.S.C. § 4813

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 4813 - Refunds

(a) Demand for refund; persons eligible

Notwithstanding any other provision of this chapter, prior to the approval of the continuation of an order pursuant to the referendum required under section 4811(a) of this title, any person shall have the right to demand and receive from the Board a refund of an assessment collected under section 4809 of this title if such person-

(1) is responsible for paying such assessment; and

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

(b) Form and time within which demand to be made

Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board and approved by the Secretary, but not later than 30 days after the end of the month in which the assessment was paid.

(c) Payment of refund on submission of satisfactory proof

Such refund shall be made not later than 30 days after demand is received therefore¹ 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.

¹So in original. Probably should be "therefor".

7 U.S.C. § 4813

Pub. L. 99-198, title XVI, §1624, Dec. 23, 1985, 99 Stat. 1619.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Jan. 1, 1986, see section 1631 of Pub. L. 99-198 set out as a note under section 4801 of this title.

Board

The term "Board" means the National Pork Board established under section 4808 of this title.

Secretary

The term "Secretary" means the Secretary of Agriculture.

importer

The term "importer" means a person who imports porcine animals, pork, or pork products into the United States.

order

The term "order" means a pork and pork products promotion, research, and consumer information order issued under section 4803 of this title.

person

The term "person" means an individual, group of individuals, partnership, corporation, association, organization, cooperative, or other entity.

producer

The term "producer" means a person who produces porcine animals in the United States for sale in commerce.