2012 US Code
Title 7 - Agriculture
Chapter 58 - POTATO RESEARCH AND PROMOTION (§§ 2611 - 2627)
Section 2625 - Amendment procedure
Publication Title | United States Code, 2012 Edition, Title 7 - AGRICULTURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 7 - AGRICULTURE CHAPTER 58 - POTATO RESEARCH AND PROMOTION Sec. 2625 - Amendment procedure |
Contains | section 2625 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-670, title III, §316, Jan. 11, 1971, 84 Stat. 2047. |
Statutes at Large References | 84 Stat. 2047 104 Stat. 3869 |
Public Law References | Public Law 91-670, Public Law 101-624 |
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The provisions of this chapter applicable to plans shall be applicable to amendments to plans.
(Pub. L. 91–670, title III, §316, Jan. 11, 1971, 84 Stat. 2047.)
Amendment ProcedurePub. L. 101–624, title XIX, §1946, Nov. 28, 1990, 104 Stat. 3869, provided that:
“(a)
“(1) subject importers to the terms and conditions of a plan, and
“(2) eliminate provisions for refunds of assessments for those not in favor of supporting the research and promotion program as provided under that Act.
The procedure under this section shall apply only in the case of the first such request received after the date of enactment of this Act [Nov. 28, 1990].
“(b)
“(c)
“(d)
“(e)
“(1) establish an escrow account to be used for assessment refunds, and place funds in such account in accordance with paragraph (2) during the period beginning on the effective date of the amendments to the plan issued under subsection (c) and ending on the date of the referendum on the amendments to the plan;
“(2) place in the account established under paragraph (1), from assessments collected under the plan during the period referred to in paragraph (1), an amount equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent;
“(3) subject to paragraphs (4), (5), and (6), provide that for the period referred to in paragraph (1) any producer or importer shall have the right to demand and receive from the board a one-time refund of assessments collected from such producer or importer during such period if—
“(A) such producer or importer is responsible for paying such assessments;
“(B) such producer or importer does not support the program established under the plan; and
“(C) the amendments to the plan to eliminate provisions for refunds of assessments are not approved pursuant to a referendum conducted under subsection (d);
“(4) require such demand to be made in accordance with regulations, on a form, and within a time period prescribed by the board;
“(5) require such refund to be made on submission of proof satisfactory to the board that such producer or importer paid the assessment for which refund is demanded; and
“(6) if the amount in the escrow account required to be established by paragraph (1) is not sufficient to refund the total amount of assessments demanded by all eligible producers and importers under this subsection, prorate the amount of such refunds among all eligible producers and importers who demand such refund.
“(f)
“(g)
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