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 assessments collected under section 2906 of this title during the period referred to in subsection (a), an amount equal to the product obtained by multiplying— (1) the total amount of assessments col- lected under section 2906 of this title during such period; by (2) the greater of— (A) the average rate of assessment refunds provided to producers under State beef pro- motion, research, and consumer information programs financed through producer assess- ments, 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 not- withstanding any other provision of this chap- ter,1 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 from such person during the period re- ferred 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 pro- ducer, person, or importer— (1) paid the assessment for which refund is sought; and (2) did not collect such assessment from an- other producer, person, or importer. (f) Insufficiency of funds in escrow account; pro- ration of funds among eligible persons (1) If the amount in the escrow account re- quired to be established by subsection (a) is not sufficient to refund the total amount of assess- ments 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, the amount required under sub- section (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 eligi- ble producers. (2) If the amount in the escrow account re- quired to be established by subsection (a) is not sufficient to refund the total amount of assess- ments demanded by all eligible persons under this section and the continuation of an order is not approved pursuant to the referendum re- quired under section 2906(a) of this title, the Board shall prorate the amount of such refunds among all eligible persons who demand such re- fund. (Pub. L. 94–294, § 8, May 28, 1976, 90 Stat. 532; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1604.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in provisions preceding par. 1 of subsec. (c), was in the original ‘‘this subtitle’’, and was translated as reading ‘‘this Act’’ to reflect the probable intent of Congress. Section 2906(a) of this title, referred to in subsec. (f)(1), was in the original a reference to section 10(a) of Pub. L. 94–294, section 2909(a) of this title, and was translated as section 2906(a) of this title as the probable intent of Congress, in view of section 2909 of this title not containing a subsec. (a) and the subject matter of section 2906(a) which relates to a referendum. AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to refunds for provisions relating to required 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. Page 1548 TITLE 7—AGRICULTURE § 2908 § 2908. Enforcement (a) Restraining order; civil penalty If the Secretary believes that the administra- tion and enforcement of this chapter or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may— (1) issue an order to restrain or prevent a person from violating an order; and (2) assess a civil penalty of not more than $5,000 for violation of such order. (b) Jurisdiction of district court The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from vio- lating, an order or regulation made or issued under this chapter. (c) Civil action to be referred to Attorney Gen- eral A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action. (Pub. L. 94–294, § 9, May 28, 1976, 90 Stat. 534; Pub. L. 95–334, title III, § 302, Aug. 4, 1978, 92 Stat. 433; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1605.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to enforcement for provi- sions relating to referendum and cattle producer ap- proval of orders, reimbursement of expenses by Sec- retary, procedural requirements, and bonding require- ments. 1978—Pub. L. 95–334 substituted ‘‘a majority’’ for ‘‘not less than two-thirds’’. 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. § 2909. Investigations by Secretary; oaths and af- firmations; subpenas; judicial enforcement; contempt proceedings; service of process The Secretary may make such investigations as the Secretary deems necessary for the effec- tive administration of this chapter or to deter- mine 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 admin- ister oaths and affirmations, subpoena wit- nesses, 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 sub- poena 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 testi- mony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt there- of. 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. (Pub. L. 94–294, § 10, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting provisions relating to investigations, power to subpoena and take oaths and affirmations, and aid of courts, for provisions relating to termination or sus- pension of 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. § 2910. Preemption of other Federal and State programs; applicability of provisions to amendments to orders (a) Nothing in this chapter may be construed to preempt or supersede any other program re- lating to beef promotion organized and operated under the laws of the United States or any State. (b) The provisions of this chapter applicable to the order shall be applicable to amendments to the order. (Pub. L. 94–294, § 11, May 28, 1976, 90 Stat. 535; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1606.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–198 amended section generally, sub- stituting administrative provisions for provisions re- lating to applicability of provisions to amendments to 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. § 2911. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this chapter. Sums appropriated to carry out this chapter shall not be available for payment of the expenses or expenditures of the Board or the Committee in administering any provisions of the order issued under section 2903(b) of this title.