---
kind: "section"
citation: "7 U.S.C. § 2712"
title: "7"
title_heading: "Agriculture"
number: "2712"
heading: "Refund of assessment from Egg Board"
release: "119-102"
url: "https://uscodex.org/usc/7/2712"
units:
  - "Chapter 60 — Egg Research and Consumer Information"
---

# §2712. Refund of assessment from Egg Board

- (a) **Procedures—** Notwithstanding any other provisions of this chapter except as provided in [subsection (b)](#b), any [egg producer](/usc/7/2702.md?p=e) against whose [commercial eggs](/usc/7/2702.md?p=c) any assessment is made and collected from him under [authority](/usc/7/2009aa.md?p=1) of this chapter and who is not in favor of supporting the programs as provided for herein shall have the right to demand and receive from the Egg [Board](/usc/7/1502.md?p=b-4) a refund of such assessment: Provided, That such demand shall be made personally by such [producer](/usc/7/6802.md?p=4-A-iii-III-bb) in accordance with regulations and on a form and within a time period prescribed by the [Board](/usc/7/1502.md?p=b-4) and approved by the [Secretary](/usc/7/2702.md?p=a) but in no event more than ninety days after the end of the month in which the assessments are due and collectable, and upon submission of proof satisfactory to the [Board](/usc/7/1502.md?p=b-4) that the [producer](/usc/7/6802.md?p=4-A-iii-III-bb) paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand is received therefor.
- (b) **Amendment of order to eliminate producer refund: effective date; refund referendum; escrow account; requirements for one-time refund; proration of refunds—**
  - (1) With regard to each [order](/usc/7/2902.md?p=10) issued under this chapter that provides for a [producer](/usc/7/6802.md?p=4-A-iii-III-bb) refund, the [Secretary](/usc/7/2702.md?p=a) shall amend such [order](/usc/7/2902.md?p=10) to eliminate such refund.
  - (2) Notwithstanding sections [2708](/usc/7/2708.md) and [2710](/usc/7/2710.md) of this title, an amendment made by the [Secretary](/usc/7/2702.md?p=a) pursuant to [paragraph (1)](#b-1)—
    - (A) shall take effect on the date that the [Secretary](/usc/7/2702.md?p=a) issues the amendment; and
    - (B) shall not be subject to a referendum under section [2708](/usc/7/2708.md) or [2709(b)](/usc/7/2709.md?p=b) of this title until the end of the 18-month period beginning on such effective date.
  - (3) During the period prior to the referendum of an amendment issued pursuant to [paragraph (1)](#b-1) and beginning on the effective date of such amendment, the Egg [Board](/usc/7/1502.md?p=b-4) shall—
    - (A) establish an escrow account to be used for assessment refunds; and
    - (B) place [funds](/usc/7/4531.md?p=5) in such account in accordance with [paragraph (4)](#b-4).
  - (4) The Egg [Board](/usc/7/1502.md?p=b-4) shall place in such account, from assessments collected during the period referred to in [paragraph (3)](#b-3), an amount equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent.
  - (5) Subject to paragraphs [(6)](#b-6), [(7)](#b-7), and [(8)](#b-8), any [producer](/usc/7/6802.md?p=4-A-iii-III-bb) shall have the right to demand and receive from the Egg [Board](/usc/7/1502.md?p=b-4) a one-time refund of assessments collected from such [producer](/usc/7/6802.md?p=4-A-iii-III-bb) during the period referred to in [paragraph (3)](#b-3) if—
    - (A) such [producer](/usc/7/6802.md?p=4-A-iii-III-bb) is responsible for paying such assessments;
    - (B) such [producer](/usc/7/6802.md?p=4-A-iii-III-bb) does not support the program established under this chapter; and
    - (C) the amendment issued pursuant to [paragraph (1)](#b-1) is not approved pursuant to a referendum under section [2708](/usc/7/2708.md) or [2709(b)](/usc/7/2709.md?p=b) of this title.
  - (6) Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Egg [Board](/usc/7/1502.md?p=b-4).
  - (7) Such refund shall be made on submission of proof satisfactory to the Egg [Board](/usc/7/1502.md?p=b-4) that such [producer](/usc/7/6802.md?p=4-A-iii-III-bb) paid the assessment for which refund is demanded.
  - (8) If the amount in the escrow account required to be established by [paragraph (3)](#b-3) is not sufficient to refund the total amount of assessments demanded by all eligible [producers](/usc/7/6802.md?p=4-A-iii-III-bb) under this subsection and the amendment issued pursuant to [paragraph (1)](#b-1) is not approved pursuant to a referendum under section [2708](/usc/7/2708.md) or [2709(b)](/usc/7/2709.md?p=b) of this title, the Egg [Board](/usc/7/1502.md?p=b-4) shall prorate the amount of such refunds among all eligible [producers](/usc/7/6802.md?p=4-A-iii-III-bb) who demand such refund.

## Source credit

(Pub. L. 93–428, § 13, Oct. 1, 1974, 88 Stat. 1177; Pub. L. 100–575, § 3, Oct. 31, 1988, 102 Stat. 2895.)

## Notes

### Editorial Notes

### Amendments

1988—Subsec. (a). Pub. L. 100–575 designated existing provisions as subsec. (a), inserted “except as provided in subsection (b) of this section”, and added subsec. (b).