Page:United States Statutes at Large Volume 104 Part 5.djvu/570

 104 STAT. 3892 PUBLIC LAW 101-624—NOV. 28, 1990 Reports. (2) prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and (3) account for the receipt and disbursement of all funds entrusted to the Board. Reports. The Board shall cause its books and records to be audited by an Public independent auditor at the end of each fiscal year and a report of information. such audit to be submitted to the Secretary. The Secretary shall make such report available to the public upon request. (1) ASSESSMENTS.— (1) IN GENERAL. — (A) FIRST PURCHASERS.— (i) COLLECTION. — The order shall provide that each first purchaser of soybeans from a producer shall collect, in the manner prescribed by the order, an assessment from the producer and remit the assessment to the Board. The Board shall use qualified State soybean boards to collect such assessments in States in which such boards operate. (ii) RATE.—The rate of assessment prescribed by the order shall be one-half of 1 percent of the net market price of soybeans sold by the producer to the first purchaser. (iii) ONE ASSESSMENT. —No more than one assessment shall be made on any soybeans. (B) DIRECT PROCESSING. — The order shall provide that any person processing soybeans of that person's own production and marketing such soybeans or soybean products made from such soybeans shall remit to the Board or the qualified State soybean board, in the manner prescribed by the order, an assessment established at a rate equivalent to the rate provided for in subparagraph (A)(ii). (2) REFUNDS. — (A) REFUNDS PRIOR TO INITIAL REFERENDUM. — (i) IN GENERAL.—The order shall provide that, during the period prior to the approval of the continuation of the initial order in the referendum provided for in section 1970(a), as determined by the Secretary, each producer shall have the right to demand and receive from the Board a refund of any assessment collected from such producer if—- (I) such producer is responsible for paying the assessment; and (II) such producer does not support the programs, projects, or activities implemented under the order. (ii) BY BOARD.— During the period referred to in clause (i), refunds shall be provided equally from the Board and, where applicable, the qualified State soy- bean board, as determined by the Secretary. (B) ADMINISTRATION. —Subject to subparagraph (C)(i), any demand by a producer for a refund of an assessment under this paragraph shall be made in accordance with regulations, on a form, and within the time period (not to exceed 90 days) prescribed by the Board. (C) SUBMISSION OF REFUND DEMANDS.— (i) IN GENERAL. — In each State in which a qualified State soybean board collects assessments, as provided

�