---
kind: "section"
citation: "7 U.S.C. § 3408"
title: "7"
title_heading: "Agriculture"
number: "3408"
heading: "Refund of processed wheat assessment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/3408"
units:
  - "Chapter 65 — Wheat and Wheat Foods Research and Nutrition Education"
---

# §3408. Refund of processed wheat assessment

- (a) **Election of end product manufacturers to seek refunds—** Subsequent to the approval by the [Secretary](/usc/7/3402.md?p=k) of the annual budget of the [Council](/usc/7/3402.md?p=i) or amendments thereto, a summary of such budget or amendments thereto, including a brief general description of the proposed [research](/usc/7/3402.md?p=g) and [nutrition education](/usc/7/3402.md?p=h) programs contemplated therein, shall be published in the Federal Register. All [end product manufacturers](/usc/7/3402.md?p=f) not exempt hereunder shall have sixty days from the date of such publication within which to elect, under such conditions as the [Secretary](/usc/7/3402.md?p=k) may prescribe, by so indicating to the [Council](/usc/7/3402.md?p=i) in writing, by registered or certified mail, to reserve the right to seek refunds under [subsection (b)](#b) of this section. Only those [end product manufacturers](/usc/7/3402.md?p=f) who make such an election, under the described procedure, shall be eligible for refunds of assessments paid during the one-year period immediately following the expiration of such sixty-day period.
- (b) **Refund demand; rules and regulations—** Notwithstanding any other provision of this chapter, any [end product manufacturer](/usc/7/3402.md?p=f) who has been subject to and has paid an assessment, but who has reserved the right, under [subsection (a)](#a) of this section, to seek a refund, and who is not in favor of supporting the programs as provided for herein, shall have the right to demand and receive from the [Council](/usc/7/3402.md?p=i) a refund of such assessment: Provided, That such demand shall be made by such [end product manufacturer](/usc/7/3402.md?p=f) in accordance with regulations, and on a form and within a time period, prescribed by the [Council](/usc/7/3402.md?p=i) and approved by the [Secretary](/usc/7/3402.md?p=k) and upon submission of proof satisfactory to the [Council](/usc/7/3402.md?p=i) that the [end product manufacturer](/usc/7/3402.md?p=f) paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand is received therefor.

## Source credit

(Pub. L. 95–113, title XVII, § 1709, Sept. 29, 1977, 91 Stat. 1037.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.