7 USC 6209 - Initial referendum

U.S Code last checked for updates: Jan 18, 2025

§ 6209.

Initial referendum

(a)

Requirement

Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—

(1)

are not exempt from assessment under section 6204(d)(5) of this title; and

(2)

produced or imported limes during a representative period as determined by the Secretary.

(b)

Purpose of referendum

(c)

Confidentiality

(d)

Refund of assessments from escrow account

(1)

In general

(2)

Approval of order

(3)

Disapproval of order

(A)

Proration

If—

(i)

the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and

(ii)

the plan is not approved pursuant to the referendum conducted under subsection (a);

the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund.

(B)

Right to refund

A producer, producer-handler, or importer shall be eligible to receive a refund—

(i)

if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and

(ii)

on submission of proof satisfactory to the Board that the person paid the assessment for which refund is sought and did not collect the assessment from another person.

(C)

Surplus funds

(Pub. L. 101–624, title XIX, § 1960, Nov. 28, 1990, 104 Stat. 3879; Pub. L. 103–194, § 5, Dec. 14, 1993, 107 Stat. 2295.)

cite as: 7 USC 6209