7 U.S.C. § 2712 : US Code - Section 2712: Refund of assessment from Egg Board

Search 7 U.S.C. § 2712 : US Code - Section 2712: Refund of assessment from Egg Board

(a) Procedures
Notwithstanding any other provisions of this chapter except as
provided in subsection (b) of this section, any egg producer
against whose commercial eggs any assessment is made and collected
from him under authority of this chapter and who is not in favor of
supporting the programs as provided for herein shall have the right
to demand and receive from the Egg Board a refund of such
assessment: Provided, That such demand shall be made personally by
such producer in accordance with regulations and on a form and
within a time period prescribed by the Board and approved by the
Secretary but in no event more than ninety days after the end of
the month in which the assessments are due and collectable, and
upon submission of proof satisfactory to the Board that the
producer paid the assessment for which refund is sought, and any
such refund shall be made within sixty days after demand is
received therefor.
(b) Amendment of order to eliminate producer refund: effective
date; refund referendum; escrow account; requirements for one-
time refund; proration of refunds
(1) With regard to each order issued under this chapter that
provides for a producer refund, the Secretary shall amend such
order to eliminate such refund.
(2) Notwithstanding sections 2708 and 2710 of this title, an
amendment made by the Secretary pursuant to paragraph (1) - 
(A) shall take effect on the date that the Secretary issues the
amendment; and
(B) shall not be subject to a referendum under section 2708 or
2709(b) of this title until the end of the 18-month period
beginning on such effective date.
(3) During the period prior to the referendum of an amendment
issued pursuant to paragraph (1) and beginning on the effective
date of such amendment, the Egg Board shall - 
(A) establish an escrow account to be used for assessment
refunds; and
(B) place funds in such account in accordance with paragraph
(4).
(4) The Egg Board shall place in such account, from assessments
collected during the period referred to in paragraph (3), an amount
equal to the product obtained by multiplying the total amount of
assessments collected during such period by 10 percent.
(5) Subject to paragraphs (6), (7), and (8), any producer shall
have the right to demand and receive from the Egg Board a one-time
refund of assessments collected from such producer during the
period referred to in paragraph (3) if - 
(A) such producer is responsible for paying such assessments;
(B) such producer does not support the program established
under this chapter; and
(C) the amendment issued pursuant to paragraph (1) is not
approved pursuant to a referendum under section 2708 or 2709(b)
of this title.
(6) Such demand shall be made in accordance with regulations, on
a form, and within a time period prescribed by the Egg Board.
(7) Such refund shall be made on submission of proof satisfactory
to the Egg Board that such producer paid the assessment for which
refund is demanded.
(8) If the amount in the escrow account required to be
established by paragraph (3) is not sufficient to refund the total
amount of assessments demanded by all eligible producers under this
subsection and the amendment issued pursuant to paragraph (1) is
not approved pursuant to a referendum under section 2708 or 2709(b)
of this title, the Egg Board shall prorate the amount of such
refunds among all eligible producers who demand such refund.