PUBLIC LAW 104-127 —APR. 4, 1996 110 STAT. 1043 (2) AMOUNT TO BE DEPOSITED. — The board shall deposit in the account an amount equal to 10 percent of the assessments collected during the period referred to in paragraph (1). (3) RIGHT TO RECEIVE REFUND. —Subject to paragraphs (4), (5), and (6), persons subject to an order shall be eligible to demand a refund of assessments collected during the period referred to in paragraph (1) if— (A) the assessments were remitted on behalf of the person; and (B) the order is not approved in the referendum. (4) FORM OF DEMAND. — The demand for a refund shall be made at such time and in such form as specified by the order. (5) PAYMENT OF REFUND. —^A person entitled to a refund shall be paid promptly after the board receives satisfactory proof that the assessment for which the refund is demanded was paid on behalf of the person who makes the demand. (6) PRORATION. — If the funds in the escrow account required by paragraph (1) are insufficient to pay the amount of all refunds that persons subject to an order otherwise would have a right to receive under this subsection, the board shall prorate the amount of the funds among all the persons. (7) CLOSING OF ESCROW ACCOUNT. — If the order is approved in a referendum conducted under section 518(b)(1)— (A) the escrow account shall be closed; and (B) the funds shall be available to the board for disbursement as authorized in the order. SEC. 518. REFERENDA. 7 USC 7417. (a) INITIAL REFERENDUM. — (1) OPTIONAL REFERENDUM.— For the purpose of ascertaining whether the persons to be covered by an order favor the order going into effect, the order may provide for the Secretary to conduct an initial referendum among persons to be subject to an assessment under section 517 who, during a representative period determined by the Secretary, engaged in— (A) the production or handling of the agricultural commodity covered by the order; or (B) the importation of the agricultural commodity. (2) PROCEDURE. —The results of the referendum shall be determined in accordance with subsection (e). The Secretary may require that the agricultural commodity industry involved post a bond or other collateral to cover the cost of the referendum. (b) REQUIRED REFERENDA. — (1) IN GENERAL.— For the purpose of ascertaining whether the persons covered by an order favor the continuation, suspension, or termination of the order, the Secretary shall conduct a referendum among persons subject to assessments under section 517 who, during a representative period determined by the Secretary, have engaged in— (A) the production or handling of the agricultural commodity covered by the order; or (B) the importation of the agricultural commodity.
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