Page:United States Statutes at Large Volume 99 Part 2.djvu/495

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1605

'•(b) Subject to subsection (f), the Board shall place in such account, from assessments collected under section 7 during the period referred to in subsection (a), an amount equal to the product obtained by multiplying— "(1) the total amount of assessments collected under section 7 during such period; by "(2) the greater of— "(A) the average rate of assessment refunds provided to producers under State beef promotion, research, and consumer information programs financed through producer assessments, as determined by the Board; or "(B) 15 percent. "(c) Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this subtitle, any person shall have the right to demand and receive from the Board a one-time refund of all assessments collected under section 7 from such person during the period referred to in subsection (a) if such person— "(1) is responsible for paying such assessment; and "(2) does not support the program established under this Act. "(d) Such demand shall be made in accordance with regulations. on a form, and within a time period prescribed by the Board. "(e) Such refund shall be made on submission of proof satisfactory to the Board that the producer, person, or importer— "(1) paid the sissessment for which refund is sought; and "(2) did not collect such assessment from another producer, person, or importer. "(fKD If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is approved pursuant to the referendum required under section 10(a), the Board shall— "(A) continue to place in such account, from assessments collected under section 5, the amount required under subsection (b), until such time as the Board is able to comply with subparagraph (B); and "(B) provide to all eligible persons the total amount of assessments demanded by all eligible producers. "(2) If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is not approved pursuant to the referendum required under section 7(a), the Board shall prorate the amount of such refunds among all eligible persons who demand such refund.

Ante, p. 1604.

Regulations.

Post, p. 1606. Ante, p. 1599.

"ENFORCEMENT

"SEC. 9. (a) If the Secretary believes that the administration and 7 USC 2908. enforcement of this Act or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may— "(1) issue an order to restrain or prevent a person from violating an order; and "(2) assess a civil penalty of not more than $5,000 for violation of such order. "(b) The district courts of the United States are vested with Regulations. jurisdiction specifically to enforce, and to prevent and restrain a

�