Page:United States Statutes at Large Volume 107 Part 3.djvu/342

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107 STAT. 2280 PUBLIC LAW 103-190—DEC. 14, 1993 (III) shall not be subject to a vote in a referendum conducted under section 7. (3) TIMING OF SUBMITTING ASSESSMENTS.— The order shall provide that each person required to pay assessments under this subsection shall remit, to the PromoFlor Council, the assessment due from each sale by the person of cut flowers or cut greens that is subject to an assessment within such time period after the sale (not to exceed 60 days after the end of the month in which the sale took place) as is specified in the order. (4) REFUNDS FROM ESCROW ACCOUNT.— (A) ESTABLISHMENT OF ESCROW ACCOUNT.—The order shall provide that the PromoFlor Council shall— (i) establish an escrow account to be used for assessment refunds, as needed; and (ii) place into the account an amount equal to 10 percent of the total amount of assessments collected during the period beginning on the date the order becomes effective, as provided in section 4(b)(3)(B), and ending on the date the initial referendum on the order under section 7(a) is completed. (B) RIGHT TO RECEIVE REFUND.— (i) IN GENERAL.— The order shall provide that, subject to subparagraph (C) and the conditions specified in clause (ii), any qualified handler shall have the right to demand and receive from the PromoFlor Council out of the escrow account a one-time refund of any assessments paid by or on behalf of the qualified handler during the time period specified in subparagraph (A)(ii), if— (I) the qualified handler is required to pay the assessments; (II) the qualified handler does not support the program established under this Act; (III) the qualified handler demands the refund prior to the conduct of the referendum on the order under section 7(a); and (IV) the order is not approved by qualified handlers in the referendum. (ii) CONDITIONS. —The right of a qualified handler to receive a refund under clause (i) shall be subject to the following conditions: (I) The demand shall be made in accordance with regulations, on a form, and within a time period specified by the PromoFlor Council. (II) The refund shall be made only on submission of proof satisfactory to the PromoFlor Council that the qualified handler paid the assessment for which the refund is demanded. (III) If the amount in the escrow account required under subparagraph (A) is not sufficient to refund the total amount of assessments demanded by £dl qualified handlers determined eligible for refunds and the order is not approved in the referendum on the order under section 7(a), the PromoFlor Council shall prorate the amount