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7 U.S.C. § 4813 — Refunds
Federal law — U.S. Code and appendices · legal_authorities
**(a) Demand for refund; persons eligible** Notwithstanding any other provision of this chapter, prior to the approval of the continuation of an order pursuant to the referendum required under [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4811/a&num=0&edition=prelim), any person shall have the right to demand and receive from the Board a refund of an assessment collected under [section 4809 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim) if such person—
(1) is responsible for paying such assessment; and
(2) does not support the program established under this chapter.
**(b) Form and time within which demand to be made** Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board and approved by the Secretary, but not later than 30 days after the end of the month in which the assessment was paid.
**(c) Payment of refund on submission of satisfactory proof** Such refund shall be made not later than 30 days after demand is received therefore 11 So in original. Probably should be “therefor”. 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.
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Stable record: federal_law:legal_authorities:record_usc_fec93599d776e4605d13a002
Source file: Laws/federal/codes/united-states-code/title-7/section-4813-refunds--6930c50129.md
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Source location: Title 7, Chapter 79, § 4813; chapter-079-pork-promotion-research-and-consumer-information.md
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**(a) Demand for refund; persons eligible** Notwithstanding any other provision of this chapter, prior to the approval of the continuation of an order pursuant to the referendum required under [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4811/a&num=0&edition=prelim), any person shall have the right to demand and receive from the Board a refund of an assessment collected under [section 4809 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim) if such person—
(1) is responsible for paying such assessment; and
(2) does not support the program established under this chapter.
**(b) Form and time within which demand to be made** Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board and approved by the Secretary, but not later than 30 days after the end of the month in which the assessment was paid.
**(c) Payment of refund on submission of satisfactory proof** Such refund shall be made not later than 30 days after demand is received therefore 11 So in original. Probably should be “therefor”. 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Congress finds that—
(1) pork and pork products are basic foods that are a valuable and healthy part of the human diet;
(2) the production of pork and pork products plays a significant role in the economy of the United States because pork and pork products are—
(A) produced by thousands of producers, including many small- and medium-sized producers; and
(B) consumed by millions of people throughout the United States on a daily basis;
(3) pork and pork products must be available readily and marketed efficiently to ensure that the people of the United States receive adequate nourishment;
(4) the maintenance and expansion of existing markets, and development of new markets, for pork and pork products are vital to—
(A) the welfare of pork producers and persons concerned with producing and marketing pork and pork products; and
(B) the general economy of the United States;
(5) pork and pork products move in interstate and foreign commerce;
(6) pork and pork products that do not move in such channels of commerce directly burden or affect interstate commerce in pork and pork products; and
(7) in recent years, increasing quantities of low-cost, imported pork and pork products have been brought into the United States and replaced domestic pork and pork products in normal channels of trade.
**(b)**
(1) It is the purpose of this chapter to authorize the establishment of an orderly procedure for financing, through adequate assessments, and carrying out an effective and coordinated program of promotion, research, and consumer information designed to—
(A) strengthen the position of the pork industry in the marketplace; and
(B) maintain, develop, and expand markets for pork and pork products.
(2) Such procedure shall be implemented, and such program
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Collection and remission to Board; persons required to pay**
(1) The order shall provide that, not later than 30 days after the effective date of the order under [section 4805(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4805/c&num=0&edition=prelim) an assessment shall be paid, in the manner prescribed in the order. Upon the appointment of the Board, the assessments held in escrow shall be distributed to the Board. Except as provided in paragraph (3), assessments shall be payable by—
(A) each producer for each porcine animal described in subparagraph (A) or (C) of [section 4802(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4802/8&num=0&edition=prelim) produced in the United States that is sold or slaughtered for sale;
(B) each producer for each porcine animal described in subsection 11 So in original. Probably should be “section”. 4802(8)(B) of this title that is sold; and
(C) each importer for each porcine animal, pork, or pork product that is imported into the United States.
(2) Such assessment shall be collected and remitted to the Board once it is appointed pursuant to [section 4808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4808&num=0&edition=prelim), but, until that time, to the Secretary, who shall promptly proceed to distribute the funds received by him in accordance with the provisions of subsection (c), except that the Secretary shall retain the funds to be received by the Board until such time as the Board is appointed pursuant to [section 4808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4808&num=0&edition=prelim), by—
(A) in the case of subparagraph (A)
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4809
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and appointment** The order shall provide for the establishment and appointment by the Secretary, not later than 60 days after the effective date of such order, of a National Pork Producers Delegate Body.
**(b) Membership; number of producer members; number of importer members**
(1) The Delegate Body shall consist of—
(A) producers, as appointed by the Secretary in accordance with paragraph (2), from nominees submitted as follows:
(i) in the case of the initial Delegate Body appointed by each State in accordance with [section 4807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4807&num=0&edition=prelim).
(ii) in the case of each succeeding Delegate Body, each State association shall submit nominations selected by such association pursuant to a selection process that—
(I) is approved by the Secretary;
(II) requires public notice of the process to be given at least one week in advance by publication in a newspaper or newspaper of general circulation in such State and in pork production and agriculture trade publications; and
(III) that provides complete and equal access to the nominating process to every producer who has paid all assessments due under [section 4809 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4809&num=0&edition=prelim) and not demanded a refund under [section 4813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4813&num=0&edition=prelim),
or pursuant to an election of nominees conducted in accordance with [section 4807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section4807&num=0&edition=prelim).
(iii) In the case of a Stat
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4806
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nominations**
(1) Not later than 30 days after the effective date of the order, the Secretary shall call for the nomination within each State of candidates for appointment as producer members of the initial Delegate Body.
(2) Each State association may nominate producers who are residents of such State to serve as such candidates.
(3)
(A) 11 So in original. No subpar. (B) has been enacted. Additional producers who are residents of a State may be nominated as candidates of such State by written petition signed by 100 producers or 5 percent of the pork producers in such State, whichever is less. The Secretary shall establish and publicize the procedures governing the time and place for filing petitions.
**(b) Election; eligibility to vote; notice of election; number of members nominated**
(1) After the Secretary has received the nominations required under subsection (a) and not later than 45 days after the effective date of the order, the Secretary shall call for an election within each State of persons for appointment as producer members of the initial Delegate Body.
(2) To be eligible to vote in an election held in a State, a person must be a producer who is a resident of such State.
(3)
(A) Notice of each such election shall be given by the Secretary—
(i) by publication in a newspaper or newspapers of general circulation in each State, and in pork production and agriculture trade publications, at least 1 week prior to the election; and
(ii) in any other reasonable manner determined by the Secretary.
(B) The notice shall set forth the period of time and places for voting and such other information as the Secretary considers necessary.
(4) Each State shall nominate to the Delegate Body the number of producer members required under [sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 4807
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Federal law — U.S. Code and appendices · legal_authorities
Page 1727
TITLE 7—AGRICULTURE
§ 4813
1 So in original. Probably should be followed by ‘‘in’’.
1 So in original. Probably should be ‘‘therefor’’.
§ 4811. Referendum
(a) Continuation of order
For the purpose of determining whether an
order then 1 effect shall be continued during the
period beginning not earlier than 24 months
after the issuance of the order and ending not
later than 30 months after the issuance of the
order, the Secretary shall conduct a referendum
among persons who have been pork producers
and importers during a representative period, as
determined by the Secretary.
(b) Factors determining continuation; termi-
nation of order
(1) Such order shall be continued only if the
Secretary determines that such order has been
approved by not less than a majority of the pro-
ducers and importers voting in the referendum.
(2) If the continuation of such order is not ap-
proved by a majority of the producers and im-
porters voting in the referendum, the Secretary
shall terminate—
(A) collection of assessments under the order
not later than 6 months after the date of such
determination; and
(B) the order in an orderly manner as soon
as practicable after the date of such deter-
mination.
(c) Reimbursement for cost
The Secretary shall be reimbursed from as-
sessments collected by the Board for any ex-
penses incurred in connection with a referendum
conducted under this section or section 4812 of
this title.
(d) Manner of conducting
A referendum shall be conducted in such man-
ner as prescribed by the Secretary.
(e) Amendment of initial order
A referendum to amend the initial order shall
be conducted pursuant to this section.
(Pub. L. 99–198, title XVI, § 1622, Dec. 23, 1985, 99
Stat. 1618.)
Statutory Notes and Related Subsidiaries
EFFEC
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 4813
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