Page:United States Statutes at Large Volume 104 Part 5.djvu/558

 104 STAT. 3880 PUBLIC LAW 101-624—NOV. 28, 1990 (ii) the plan is not approved pursuant to the referendum conducted under subsection (a); the Board shall prorate the simount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund. (B) RIGHT TO REFUND. — A producer, producer-handler, or importer shall be eligible to receive a refund— (i) if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and (ii) on submission of proof satisfactory to the Board that the person paid the assessment for which refund is sought and did not collect the assessment from another person. (C) SURPLUS FUNDS.— Any funds not refunded under this paragraph shall be released to be used to carry out this subtitle. 7 USC 6210. SEC. 1961. SUSPENSION AND TERMINATION. (a) FINDING OF SECRETARY.— If the Secretary finds that an order issued under section 1954(a), or a provision of such order, obstructs or does not tend to effectuate the purposes of this subtitle, the Secretary shall terminate or suspend the operation of such order or provision. (b) PERIODIC REFERENDA. —The Secretary may periodically conduct a referendum to determine if lime producers, producer-hemdlers, and importers favor the continuation, termination, or suspension of any order issued under section 1954(a) and in effect at the time of such referendum. (c) REQUIRED REFERENDA.—The Secretary shall hold a referendum under subsection (b)— (1) at the request of the Board; or (2) if not less than 10 percent of the lime producers, producerhandlers, and importers subject to assessment under this subtitle submit a petition requesting such a referendum. (d) LIMITATION.—The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this subtitle. (e) VOTE. — The Secretary shall suspend or terminate the order at the end of the marketing year if the Secretary determines that— (1) the suspension or termination of the order is favored by not less than a majority of those persons voting in a referendum under subsection (b); and (2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum. 7 USC 6211. SEC. 1962. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.— T here are authorized to be appropriated for each fiscal year such funds as are necessary to carry out this subtitle. (b) ADMINISTRATIVE EXPENSES.—The funds so appropriated shall not be available for payment of the expenses or expenditures of the Board in administering any provisions of an order issued under this subtitle.

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