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U.S. Code as of:
01/03/05
Section 3408. Refund of processed wheat assessment
(a) Election of end product manufacturers to seek refunds
Subsequent to the approval by the Secretary of the annual budget
of the Council or amendments thereto, a summary of such budget or
amendments thereto, including a brief general description of the
proposed research and nutrition education programs contemplated
therein, shall be published in the Federal Register. All end
product manufacturers not exempt hereunder shall have sixty days
from the date of such publication within which to elect, under such
conditions as the Secretary may prescribe, by so indicating to the
Council in writing, by registered or certified mail, to reserve the
right to seek refunds under subsection (b) of this section. Only
those end product manufacturers who make such an election, under
the described procedure, shall be eligible for refunds of
assessments paid during the one-year period immediately following
the expiration of such sixty-day period.
(b) Refund demand; rules and regulations
Notwithstanding any other provision of this chapter, any end
product manufacturer who has been subject to and has paid an
assessment, but who has reserved the right, under subsection (a) of
this section, to seek a refund, and who is not in favor of
supporting the programs as provided for herein, shall have the
right to demand and receive from the Council a refund of such
assessment: Provided, That such demand shall be made by such end
product manufacturer in accordance with regulations, and on a form
and within a time period, prescribed by the Council and approved by
the Secretary and upon submission of proof satisfactory to the
Council that the end product manufacturer paid the assessment for
which refund is sought, and any such refund shall be made within
sixty days after demand is received therefor.
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