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7 U.S.C. § 2110 — Refund of producer assessments

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2110 — Refund of producer assessments

**(a)** Notwithstanding any other section of this chapter and except as provided in subsection (b), any cotton producer against whose cotton any assessment is made and collected from him under the authority of this chapter and who is not in favor of supporting the research and promotion program as provided for herein shall have the right to demand and receive from the Cotton 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 less than ninety days, 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 therefor. **(b)** The right of a producer to demand a refund under subsection (a) shall terminate if the proposed amendment of the order implementing the Cotton Research and Promotion Amendments Act of 1990 is approved in the referendum provided for under [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2107&num=0&edition=prelim). Such right shall terminate 30 days after the date the Secretary announces the results of such referendum if such proposed amendment is approved. Such right shall be reinstated if the amendment should be disapproved in any subsequent referendum.

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Source location: Title 7, Chapter 53, § 2110; chapter-053-cotton-research-and-promotion.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2101 — Congressional declaration of policy

Cotton is the basic natural fiber of the Nation. It is produced by many individual cottongrowers throughout the various cotton-producing States of the Nation and also outside the United States. Cotton moves in the channels of interstate and foreign commerce and such cotton which does not move in such channels directly burdens or affects interstate commerce in cotton and cotton products. The efficient production of cotton and the maintenance and expansion of existing markets and the development of new or improved markets and uses is vital to the welfare of cottongrowers and those concerned with marketing, using, and processing cotton as well as the general economy of the Nation. The great inroads on the market and uses for cotton which have been made by manmade fibers have been largely the result of extensive research and promotion which have not been effectively matched by cotton research and promotion. The production and marketing of cotton by numerous individual farmers have prevented the development and carrying out of adequate and coordinated programs of research and promotion necessary to the maintenance and improvement of the competitive position of, and markets for, cotton. Without an effective and coordinated method for assuring cooperative and collective action in providing for, and financing such programs, individual cotton farmers are unable adequately to provide or obtain the research and promotion necessary to maintain and improve markets for cotton.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2107 — Referenda

**(a) Referendum and cotton producer approval of orders** The Secretary shall conduct a referendum among persons who, during a representative period determined by the Secretary, have been engaged in the production of cotton for the purpose of ascertaining whether the issuance of an order is approved or favored by producers. No order issued pursuant to this chapter shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers voting in such referendum, or by the producers of not less than two-thirds of the cotton produced during the representative period by producers voting in such referendum and by not less than a majority of the producers voting in such referendum. **(b) Referendum on proposed amendment to order implementing provisions of 1990 amendments to this chapter** (1) Notwithstanding the provisions of sections 2103 and 2104 of this title, not later than 150 days after the date of enactment of the Cotton Research and Promotion Act Amendments of 1990 [November 28, 1990], and after notice and opportunity for public comment, the Secretary shall issue a proposed amendment to the order implementing the provisions of such Act, which shall become effective as provided in paragraph (2). (2) Notwithstanding the provisions of subsection (a), the Secretary shall, within a period not to exceed 8 months after November 28, 1990, conduct a referendum among persons who have been cotton producers during a representative period, as determined by the Secretary, and persons who are importers of cotton and who, during a 12-month period ending not later than 90 days prior to the conduct of the referendum under this section imported a quantity of cotton in excess of the de minimis quantity (if

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2106 — Required terms and conditions in orders

Orders issued pursuant to this chapter shall contain the following terms and conditions: **(a)** Providing for the establishment and selection by the Secretary, of a Cotton Board, and defining its powers and duties, which shall include only the powers: (1) To administer such order in accordance with its terms and provisions; (2) To make rules and regulations to effectuate the terms and provisions of such order, including the designation of the person responsible for collecting the assessment; (3) To receive, investigate, and report to the Secretary complaints of violations of such order; and (4) To recommend to the Secretary amendments to such order. **(b)** Providing that the Cotton Board shall be composed of (1) representatives of cotton producers selected by the Secretary, from nominations submitted by eligible producer organizations within a cotton-producing State, as certified pursuant to [section 2113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2113&num=0&edition=prelim), or, if the Secretary determines that a substantial number of producers are not members of or their interests are not represented by any such eligible producer organizations, from nominations made by producers in the manner authorized by the Secretary, so that the representation of cotton producers on the Board for each cotton-producing State shall reflect, to the extent practicable, the proportion which that State’s marketings of cotton bears to the total marketings of cotton in the United States, and (2) when imports of cotton are subject to an order, an appropriate number of representatives, as determined by the Secretary, of importers of cotton on which assessments are paid under this chapter. Such importer representatives shall be appointed

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2110 — Refund of producer assessments

Page 1403 TITLE 7—AGRICULTURE § 2111 production of cotton, and who produced more than 50 per centum of the volume of the cotton produced by the cotton producers voting in the referendum.’’ § 2109. Provisions applicable to amendments (a) Provisions applicable to amendments to or- ders Except as provided in subsection (b), the provi- sions of this chapter applicable to orders shall be applicable to amendments to orders. (b) Approval of amendments by cotton producers and importers No amendment to an order issued under this chapter shall be effective unless the Secretary determines that— (1) with respect to an amendment referred to in subsection (b) or (c) of section 2107 of this title, the amendment is approved by producers and importers of cotton as provided in such section; or (2) with respect to any other amendment, that the amendment is approved by a majority of cotton producers and importers subject to the order voting in the referendum. (c) Disapproval of any amendment to order not deemed to invalidate such order The disapproval of any amendment to an order issued under this chapter shall not be deemed to invalidate such order. (Pub. L. 89–502, § 10, July 13, 1966, 80 Stat. 283; Pub. L. 101–624, title XIX, § 1995, Nov. 28, 1990, 104 Stat. 3912; Pub. L. 102–237, title VIII, § 808(a)(3), Dec. 13, 1991, 105 Stat. 1883.) Editorial Notes AMENDMENTS 1991—Subsec. (b)(1). Pub. L. 102–237 substituted ‘‘sub- section (b) or (c) of section 2107’’ for ‘‘section 2107(b) or 2107(c)’’. 1990—Pub. L. 101–624 amended section generally. Prior to amendment, section read as follows: ‘‘The provisions of this chapter applicable to orders shall be applicable to amendments to orders.’’ § 2110. Refund of producer assessments (a) Notwithstanding any other sect

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