(a) Election of end product manufacturers to seek refundsSubsequent 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 regulationsNotwithstanding 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.
Structure US Code
CHAPTER 65— WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION
§ 3401. Congressional findings and declaration of policy
§ 3404. Permissive terms and conditions of orders
§ 3405. Wheat Industry Council
§ 3406. Exemption for retail bakers
§ 3408. Refund of processed wheat assessment
§ 3410. Enforcement of orders and regulations
§ 3411. Suspension and termination of orders
§ 3412. Investigations; power to subpena and take oaths and affirmations; aid of courts
§ 3413. Certification of organizations
§ 3414. Other programs relating to wheat or wheat food research or nutrition education