Egg Research and Consumer Information Act Amendments of 1988
PL 100-575 (H.R.5318), enacted 10/31/1988

PUBLIC LAW 100-575—OCT. 31, 1988 
102 STAT. 2895 
Public Law 100-575 
100th Congress 
An Act 
To amend the Egg Research and Consumer Information Act to limit the total costs 
that may be incurred by the Egg Board in collecting producer assessments and 
Oct. 31, 1988 
having an administrative staff, to eliminate egg producer refunds, and to delay the 
[H.R. 5318] 
conducting of any referendum by egg producers on the elimination of such refunds. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
Egg Research 
and Consumer 
SECTION 1. SHORT TITLE. 
Information Act 
This Act may be cited as the "Egg Research and Consumer 
iggg"^ ^^^ 
Information Act Amendments of 1988". 
7 USC 2701 note. 
SEC. 2. LIMITING CERTAIN COSTS INCURRED BY THE EGG BOARD. 
Section 8 of the Egg Research and Consumer Information Act (7 
U.S.C. 2707) is amended by adding at the end thereof the following: 
"(j) Providing that the total costs incurred by the Egg Board for a 
fiscal year in collecting producer assessments and having an 
administrative staff shall not exceed an amount of the projected 
total assessments to be collected by the Egg Board for such fiscal 
year that the Secretary determines to be reasonable.". 
SEC. 3. EGG PRODUCER REFUND REFERENDUM. 
Section 13 of the Egg Research and Consumer Information Act 
(7 U.S.C. 2712) is amended b y -
C
D inserting "(a)" after "SEC. 13."; 
(2) inserting "except as provided in subsection (b)" after "Not-
withstanding any other provisions of this Act"; and 
(3) adding at the end thereof the following: 
"(b)(1) With regard to each order issued under this Act that 
provides for a producer refund, the Secretary shall amend such 
order to eliminate such refund. 
"(2) Notwithstanding sections 9 and 11 of this Act, an amendment 
made bv the Secretary pursuant to paragraph (1)— 
' (A) shall take effect on the date that the Secretary issues the 
Effective date, 
amendment; and 
"(B) shall not be subject to a referendum under section 9 or 
10(b) until the end of the 18-month period beginning on such 
effective date. 
"(3) During the period prior to the referendum of an amendment 
issued pursuant to paragraph (1) and beginning on the effective date 
of such amendment, the Egg Board shall— 
"(A) establish an escrow account to be used for assessment 
refunds; and 
"(B) place funds in such account in accordance with para-
graph (4). 
"(4) The Egg Board shall place in such account, from assessments 
collected during the period referred to in paragraph (3), an amount 
equal to the product obtained by multiplying the total amount of 
assessments collected during such period by 1)9 percent. 
102 STAT. 2896 
PUBLIC LAW 100-575—OCT. 31, 1988 
I 
"(5) Subject to paragraphs (6), (7), and (8), any producer shall have 
the right to demand and receive from the Egg Board a one-time 
refund of assessments collected from such producer during the 
period referred to in paragraph (3) i
f
— 
"(A) such producer is responsible for paying such assessments; 
"(B) such producer does not support the program established 
under this Act; and 
"(C) the amendment issued pursuant to paragraph (1) is not 
approved pursuant to a referendum under section 9 or 10(b). 
"(6) Such demand shall be made in accordance with regulations, 
on a form, and within a time period prescribed by the Egg Board. 
"(7) Such refund shall be made on submission of proof satisfactory 
to the Egg Board that such producer paid the assessment for which 
refund is demanded. 
"(8) If the amount in the escrow account required to be established 
by paragraph (3) is not sufficient to refund the total amount of 
assessments demanded by all eligible producers under this subsec-
tion and the amendment issued pursuant to paragraph (1) is not 
approved pursuant to a referendum under section 9 or 10(b), the Egg 
Board shall prorate the amount of such refunds among all eligible 
producers who demand such refund.". 
Approved October 31, 1988. 
LEGISLATIVE HISTORY—H.R. 5318: 
HOUSE REPORTS: No. 100-1024 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 3, 4, considered and passed House. 
Oct. 11, considered and passed Senate.