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7 U.S.C. § 2907 — Refunds

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

7 U.S.C. § 2907 — Refunds

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Stable record: federal_law:legal_authorities:record_usc_77d1bb4878dccdd949853220
Source file: Laws/federal/codes/united-states-code/title-7/section-2907-refunds--2e2d75eb30.md
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Source location: Title 7, Chapter 62, § 2907; chapter-062-beef-research-and-information.md

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**(a) Establishment of escrow account** During the period prior to the approval of the continuation of an order pursuant to the referendum required under [section 2906(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906/a&num=0&edition=prelim), subject to subsection (f), the Board shall— (1) establish an escrow account to be used for assessment refunds; (2) place funds in such account in accordance with subsection (b); and (3) refund assessments to persons in accordance with this section. **(b) Funding escrow account** Subject to subsection (f), the Board shall place in such account, from assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) during the period referred to in subsection (a), an amount equal to the product obtained by multiplying— (1) the total amount of assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) during such period; by (2) the greater of— (A) the average rate of assessment refunds provided to producers under State beef promotion, research, and consumer information programs financed through producer assessments, as determined by the Board; or (B) 15 percent. **(c) Demand and receipt of one-time refund** Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this chapter,11 See References in Text note below. any person shall have the right to demand and receive from the Board a one-time refund of all assessments collected under [section 2906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906&num=0&edition=prelim) from such person during the period referred to in subsection (a) if such person— (1) is responsible for paying such assessment; and (2) does not support the program established under this chapter. **(d) Form and time period for demand for one-time refund** Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board. **(e) Submission of proof for one-time refund** Such refund shall be made 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. **(f) Insufficiency of funds in escrow account; proration of funds among eligible persons** (1) If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is approved pursuant to the referendum required under section 2906(a) 1 of this title, the Board shall— (A) continue to place in such account, from assessments collected under [section 2904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2904&num=0&edition=prelim), the amount required under subsection (b), until such time as the Board is able to comply with subparagraph (B); and (B) provide to all eligible persons the total amount of assessments demanded by all eligible producers. (2) If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is not approved pursuant to the referendum required under [section 2906(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2906/a&num=0&edition=prelim), the Board shall prorate the amount of such refunds among all eligible persons who demand such refund.

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

7 U.S.C. § 2909 — Investigations by Secretary; oaths and affirmations; subpenas; judicial enforcement; contempt proceedings; service of process

The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this chapter or to determine whether any person subject to this chapter has engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, the order, or any rule or regulation issued under this chapter. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.

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

7 U.S.C. § 2904 — Required terms in orders

An order issued under [section 2903(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2903/b&num=0&edition=prelim) shall contain the following terms and conditions: (1) The order shall provide for the establishment and selection of a Cattlemen’s Beef Promotion and Research Board. Members of the Board shall be cattle producers and importers appointed by the Secretary from (A) nominations submitted by eligible State organizations certified under [section 2905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2905&num=0&edition=prelim) (or, if the Secretary determines that there is no eligible State organization in a State, the Secretary may provide for nominations from such State to be made in a different manner), and (B) nominations submitted by importers under such procedures as the Secretary determines appropriate. In determining geographic representation for cattle producers on the Board, whole States shall be considered as a unit. Each State that has a total cattle inventory greater than five hundred thousand head shall be entitled to at least one representative on the Board. A State that has a total inventory of fewer than 500,000 cattle shall be grouped, as far as practicable, with other States each of which has a combined total inventory of not less than 500,000 cattle, into geographically contiguous units in a manner prescribed in the order. A unit may be represented on the Board by more than one member. For each additional million head of cattle within a unit, such unit shall be entitled to an additional member on the Board. The Board may recommend a change in the level of inventory per unit necessary for representation on the Board and, on such recommendation, the Secretary may

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2904

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

7 U.S.C. § 2901 — Congressional findings and declaration of policy

**(a)** Congress finds that— (1) beef and beef products are basic foods that are a valuable part of human diet; (2) the production of beef and beef products plays a significant role in the Nation’s economy, beef and beef products are produced by thousands of beef producers and processed by numerous processing entities, and beef and beef products are consumed by millions of people throughout the United States and foreign countries; (3) beef and beef products should be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment; (4) the maintenance and expansion of existing markets for beef and beef products are vital to the welfare of beef producers and those concerned with marketing, using, and producing beef products, as well as to the general economy of the Nation; (5) there exist established State and national organizations conducting beef promotion, research, and consumer education programs that are invaluable to the efforts of promoting the consumption of beef and beef products; and (6) beef and beef products move in interstate and foreign commerce, and beef and beef products that do not move in such channels of commerce directly burden or affect interstate commerce of beef and beef products. **(b)** It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all cattle sold in the United States and on cattle, beef, and beef products imported into the United States) and carrying out a coordinated program of promotion and research designed to strengthen the beef industry’s position in the marketplace and to maintain and expand d

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

7 U.S.C. § 2906 — Requirement of referendum

**(a) Continuation or termination of order** For the purpose of determining whether the initial order shall be continued, not later than 22 months after the issuance of the order (or any earlier date recommended by the Board), the Secretary shall conduct a referendum among persons who have been producers or importers during a representative period, as determined by the Secretary. The order shall be continued only if the Secretary determines that it has been approved by not less than a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle. If continuation of the order is not approved by a majority of those voting in the referendum, the Secretary shall terminate collection of assessments under the order within six months after the Secretary determines that continuation of the order is not favored by a majority voting in the referendum and shall terminate the order in an orderly manner as soon as practicable after such determination. **(b) Additional referendum to determine suspension or termination of order** After the initial referendum, the Secretary may conduct a referendum on the request of a representative group comprising 10 per centum or more of the number of cattle producers to determine whether cattle producers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle and shall terminate or suspend the order in

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

7 U.S.C. § 2907 — Refunds

Page 1547 TITLE 7—AGRICULTURE § 2907 1 See References in Text note below. penses incurred by the Department in connec- tion with conducting any referendum under this section, except for the salaries of Government employees. Any referendum conducted under this section shall be conducted on a date estab- lished by the Secretary, whereby producers shall certify that they were engaged in the production of cattle during the representative period and, on the same day, shall be provided an oppor- tunity to vote in the referendum. Each ref- erendum shall be conducted at county extension offices, and there shall be provision for an ab- sentee mail ballot on request. (Pub. L. 94–294, § 7, May 28, 1976, 90 Stat. 531; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1604.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to requirement of ref- erendum for provisions relating to permissive terms and conditions in orders. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title. § 2907. Refunds (a) Establishment of escrow account During the period prior to the approval of the continuation of an order pursuant to the ref- erendum required under section 2906(a) of this title, subject to subsection (f), the Board shall— (1) establish an escrow account to be used for assessment refunds; (2) place funds in such account in accordance with subsection (b); and (3) refund assessments to persons in accord- ance with this section. (b) Funding escrow account Subject to subsection (f), the Board shall place in such account, from assessment

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2907

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