-CITE-
    7 USC CHAPTER 74 - FLORAL RESEARCH AND CONSUMER
           INFORMATION                                     01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
           CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION       

-MISC1-
    Sec.                                                     
    4301.       Congressional findings and declaration of policy.     
    4302.       Definitions.                                          
    4303.       Floral research and promotion orders.                 
    4304.       Notice and hearing.                                   
    4305.       Finding and issuance of orders.                       
    4306.       Required terms in orders.                             
    4307.       Permissive terms in orders.                           
    4308.       Referendum; necessity, etc.                           
    4309.       Suspension and termination of orders.                 
    4310.       Amendments to orders.                                 
    4311.       Exemption from assessments.                           
    4312.       Refund of assessments.                                
    4313.       Administrative and judicial review; procedures
                 applicable.                                          
    4314.       Enforcement of provisions.                            
    4315.       Certification of organizations; applicable criteria
                 and considerations.                                  
    4316.       Regulations.                                          
    4317.       Investigations; subpena powers, etc.; enforcement.    
    4318.       Separability.                                         
    4319.       Authorization of appropriations.                      

-End-

-CITE-
    7 USC Sec. 4301                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4301. Congressional findings and declaration of policy

-STATUTE-
      Flowers and plants are an integral part of American life,
    contributing a natural and beautiful element, especially in urban
    areas, to what is increasingly a manmade, artificial environment
    for this country's citizens. Providing comfort and pleasure for
    many special occasions as well as for everyday living, flowers and
    plants work against visual pollution and, in the case of green
    plants, generate oxygen within their environment. The flowers and
    plants to which this chapter refers are cut flowers, potted
    flowering plants, and foliage plants. These flowers and plants are
    produced by many individual producers throughout the United States
    and in foreign countries. These products move in interstate and
    foreign commerce, and those that do not move in such channels of
    commerce directly burden or affect interstate commerce of these
    products. The maintenance and expansion of existing markets and the
    development of new or improved markets and uses are vital to the
    welfare of flower and plant producers, brokers, wholesalers, and
    retailers throughout the Nation. The floral industry within the
    United States is comprised mainly of small- and medium-sized
    businesses. The producers are primarily agriculturally-oriented
    companies rather than promotion-oriented companies. The development
    and implementation of coordinated programs of research and
    promotion necessary for the maintenance of markets and the
    development of new markets have been inadequate. Without
    cooperative action in providing for and financing such programs,
    individual flower and plant producers, wholesalers, and retailers
    are unable to implement programs of research, consumer and producer
    information, and promotion necessary to maintain and improve
    markets for these products. It is widely recognized that it is in
    the public interest to provide an adequate, steady supply of fresh
    flowers and plants to the consumers of the Nation. The American
    consumer requires a continuing supply of quality and affordable
    flowers and plants as an important element in the quality of life.
    It is, therefore, declared to be the policy of Congress and the
    purpose of this chapter that it is essential and in the public
    interest to authorize the establishment of an orderly procedure for
    the development and financing, through an adequate assessment, of
    an effective and coordinated program of research, consumer and
    producer education, and promotion designed to strengthen the floral
    industry's position in the marketplace and maintain, develop, and
    expand markets for flowers, plants, and flowering plants. Nothing
    in this chapter may be construed to dictate quality standards or
    provide for control of production or otherwise limit the right of
    individual flower and plant producers to produce commercial flowers
    and plants. Nothing in this chapter may be construed as a trade
    barrier to flowers and plants produced in foreign countries, and
    this chapter treats foreign producers equitably.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1702, Dec. 22, 1981, 95 Stat.
    1348.)

-MISC1-
                                SHORT TITLE                            
      Section 1701 of title XVII of Pub. L. 97-98 provided that: "This
    title [enacting this chapter] may be cited as the 'Floral Research
    and Consumer Information Act'."

                              EFFECTIVE DATE                          
      Section 1801 of Pub. L. 97-98 provided that: "Except as otherwise
    provided herein, the provisions of this Act [see Tables for
    classification] shall become effective on enactment [Dec. 22,
    1981]."

-End-

-CITE-
    7 USC Sec. 4302                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4302. Definitions

-STATUTE-
      As used in this chapter - 
      (1) The term "Secretary" means the Secretary of Agriculture of
    the United States Department of Agriculture.
      (2) The term "person" means any individual, group of individuals,
    partnership, corporation, association, cooperative, or any other
    entity.
      (3) The term "cut flowers" means all flowers and decorative
    foliage used as fresh-cut flowers, fresh-cut decorative foliage,
    dried, preserved, and processed flowers, or dried and preserved
    decorative foliage, produced either under cover or in field
    operations.
      (4) The term "potted flowering plants" means those plants that
    normally produce flowers, primarily produced in pots or similar
    containers, that are primarily used for interior decoration,
    whether grown under cover or in field operations.
      (5) The term "foliage plants" means those plants, normally
    without flowers, primarily produced in pots or similar containers,
    that are primarily used for interior decorations, whether grown
    under cover or in field operations.
      (6) The term "propagational material" means any plant material
    used in the propagation of cut flowers, potted flowering plants,
    and foliage plants, including cuttings, bulbs and corms, seedlings,
    canes, liners, plants, cells or tissue cultures, air layers and
    bublets,(!1) rhizomes, and root stocks. This term does not include
    seeds.

      (7) The term "flowers and plants" means cut flowers, potted
    flowering plants, foliage plants, and propagational material.
      (8) The term "United States" means the fifty States of the United
    States of America, the territories and possessions of the United
    States of America, and the District of Columbia.
      (9) The term "promotion" means any action, including paid
    advertising, to advance the image or desirability of cut flowers,
    potted flowering plants, and foliage plants.
      (10) The term "research" means any type of research to advance
    the image, desirability, or marketability of cut flowers, potted
    flowering plants, and foliage plants.
      (11) The term "consumer education" means any action to provide
    information on the care and handling of cut flowers, potted
    flowering plants, and foliage plants.
      (12) The term "marketing" means the sale or other disposition in
    commerce of cut flowers, potted flowering plants, and foliage
    plants.
      (13) Unless otherwise noted, the term "producer" means any person
    who produces domestically, for sale in commerce, cut flowers,
    potted flowering plants, or foliage plants.
      (14) The term "Floraboard" means the board provided for under
    section 4306 of this title.
      (15) The term "importer" means any person who imports cut
    flowers, potted flowering plants, or foliage plants from outside of
    the United States or who acts as an agent, broker, or consignee of
    any person or nation that produces flowers and plants outside of
    the United States for sale in the United States.
      (16) The term "commodity group" means that portion of the flower
    and plant industry devoted to the production and importation of any
    one of the following: (A) cut flowers; (B) potted flowering plants;
    or (C) foliage plants.
      (17) The term "cost of plant material" means the actual price
    paid by a producer for any propagational material or any other
    flowers and plants used in the production of flowers and plants.
    This term does not include the cost of seeds.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1703, Dec. 22, 1981, 95 Stat.
    1349.)

-FOOTNOTE-
    (!1) So in original. Probably should be "bulblets,".

-End-

-CITE-
    7 USC Sec. 4303                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4303. Floral research and promotion orders

-STATUTE-
      To effectuate the declared policy of this chapter, the Secretary
    shall, subject to the provisions of this chapter, issue and, from
    time to time, may amend orders applicable to persons engaged in
    production, sale, importation, or handling of flowers and plants.
    Such orders shall be applicable to all production or marketing
    areas, or both, in the United States.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1704, Dec. 22, 1981, 95 Stat.
    1350.)

-End-

-CITE-
    7 USC Sec. 4304                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4304. Notice and hearing

-STATUTE-
      Whenever the Secretary has reason to believe that the issuance of
    an order will tend to effectuate the declared policy of this
    chapter, the Secretary shall give due notice and opportunity for
    hearing upon a proposed order. Such hearing may be requested and a
    proposal for an order submitted by an organization certified
    pursuant to section 4315 of this chapter, or by any interested
    person affected by the provisions of this chapter, including the
    Secretary.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1705, Dec. 22, 1981, 95 Stat.
    1350.)

-End-

-CITE-
    7 USC Sec. 4305                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4305. Finding and issuance of orders

-STATUTE-
      After notice and opportunity for hearing as provided in section
    4304 of this title, the Secretary shall issue an order if the
    Secretary finds, and sets forth in such order, upon the evidence
    introduced at such hearing, that the issuance of such order and all
    the terms and conditions thereof will tend to effectuate the
    declared policy of this chapter.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1706, Dec. 22, 1981, 95 Stat.
    1350.)

-End-

-CITE-
    7 USC Sec. 4306                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4306. Required terms in orders

-STATUTE-
      Orders issued pursuant to this chapter shall contain the
    following terms and conditions and, except as provided in section
    4307 of this title, no others:
      (1) Providing for the establishment and appointment by the
    Secretary of a board to be named "Floraboard", which shall consist
    of not more than seventy-five voting members, and defining its
    powers and duties, which shall include only the powers to (A)
    administer such order in accordance with its terms and provisions,
    (B) make rules and regulations to effectuate the terms and
    provisions of such order, (C) receive, investigate, and report to
    the Secretary complaints of violations of such order, and (D)
    recommend to the Secretary amendments of such order. The term of an
    appointment to the Floraboard shall be for three years with no
    member serving more than two consecutive three-year terms:
    Provided, That of the initial appointments, one-third shall be for
    a term of one year and one-third shall be for a term of two years.
    The Floraboard shall appoint from its members an executive
    committee, consisting of not more than fifteen members, whose
    membership shall, to the maximum extent practicable, reflect the
    membership composition of the Floraboard, and whose commodity group
    representation shall be proportional to that of the Floraboard.
    Such executive committee shall have the authority to employ a staff
    and conduct routine business within the policies determined by the
    Floraboard.
      (2) Providing that the Floraboard shall be composed of producers
    and importers appointed by the Secretary from nominations submitted
    by organizations certified pursuant to section 4315 of this title
    or if the Secretary determines that a substantial number of
    producers or importers are not members of or their interests are
    not represented by any such certified organization then from
    nominations made by such producers or importers in a manner
    authorized by the Secretary. Certified organizations shall submit
    one nomination for each position on the Floraboard. Initially, the
    Floraboard shall be composed of one-third producers and importers
    of cut flowers, one-third producers and importers of potted
    flowering plants, and one-third producers and importers of foliage
    plants. Two years after assessment of funds commences pursuant to
    an order, and periodically thereafter, the Floraboard shall adjust
    the commodity group representation of these commodity groups on the
    basis of the amount of assessments, less refunds, collected from
    each commodity group. There shall at all times be more producers
    representing a particular commodity group on the Floraboard than
    importers representing that commodity group. In addition to
    commodity group representation, the periodic adjustment of the
    membership of the Floraboard shall reflect, to the maximum extent
    practicable, the proportionate share of assessments, less refunds,
    collected from producers in each of several geographic areas of the
    United States to be defined by the Secretary, and the proportionate
    share of assessments, less refunds, collected from importers of
    flowers and plants imported into the United States from each
    country.
      (3) Providing that the Floraboard shall, subject to the
    provisions of paragraph 8 of this section, develop and submit to
    the Secretary for approval advertising, sales promotion, consumer
    education, research, and development plans or projects and that any
    such plan or project must be approved by the Secretary before
    becoming effective.
      (4) Providing that the Floraboard shall, subject to the
    provisions of paragraph 8 of this section, submit to the Secretary
    for approval budgets on a fiscal period basis of its anticipated
    expenses and disbursements in the administration of the order,
    including probable costs of advertising, promotion, consumer
    education, research, and development projects.
      (5) Providing that - 
        (A) For each sale of flowers and plants by a producer within
      the United States, such producer shall pay an assessment to the
      Floraboard based on the dollar value of such sales transaction
      minus the cost of plant material. If the producer is a retailer,
      the assessment will be based on the then current wholesale value
      of the flowers and plants less the cost of plant material. In the
      case of consignment sales, the assessment shall be paid by the
      producer based on the dollar value of the sale of flowers and
      plants less the sales commission, freight cost, and cost of plant
      material.
        (B) For each sale of imported flowers and plants within the
      United States by the importer of such flowers and plants, such
      importer shall pay an assessment to the Floraboard based on the
      dollar value of such sales transaction, without deducting the
      cost of plant material. If the importer is a retailer, the
      assessment will be made on the purchase price. In the case of
      consignment sales, the assessment shall be paid by the importer
      and shall be based on the dollar value of the sale of flowers and
      plants less the sales commission and cost of transportation
      within the United States.
        (C) The assessments provided for in this section shall be
      remitted to the Floraboard, at the time and in the manner
      prescribed in the order and regulations thereunder, and shall be
      used for such expenses and expenditures (including provision for
      a reasonable reserve and those administrative costs incurred by
      the Department of Agriculture after an order has been promulgated
      under this chapter) as the Secretary finds are reasonable and
      likely to be incurred by the Floraboard under the order during
      any period specified by the Secretary.

      (6) Providing that the initial rate of assessment, which rate
    shall remain in effect for the first two years after an order is
    approved in a referendum, shall not exceed one-half of 1 per centum
    of the value of flowers and plants sold, as determined under the
    provisions of paragraph (5) of this section: Provided, That the
    Floraboard may thereafter increase or decrease the rate of
    assessment prescribed by the order by no more than one-quarter of 1
    per centum of the value of flowers and plants sold per year:
    Provided further, That in no event shall the rate of assessment
    exceed 1 1/2  per centum of the value of flowers and plants sold.
      (7) Providing that the Floraboard shall maintain such books and
    records and shall prepare and submit to the Secretary, from time to
    time, such reports as the Secretary may prescribe, and providing
    for appropriate accounting by the Floraboard with respect to the
    receipt and disbursement of all funds entrusted to it.
      (8) Providing that the Floraboard, with the approval of the
    Secretary, may enter into contracts or agreements for development
    and carrying out of the activities authorized under the order
    pursuant to sections 4307(1) and (2) of this title and for the
    payment of the cost thereof with funds collected pursuant to the
    order. The Floraboard may contract with industry groups, profit or
    nonprofit companies, private and State colleges and universities,
    and governmental groups. Any such contract or agreement shall
    provide (A) that the contracting party shall develop and submit to
    the Floraboard a plan  or  project  together  with  a  budget  or
    budgets which shall show estimated costs to be incurred for such
    plan or project, (B) that any such plan or project shall become
    effective upon the approval of the Secretary, and (C) that the
    contracting party shall keep accurate records of all its
    transactions and make periodic reports to the Floraboard of
    activities carried out and an accounting for funds received and
    expended, and such other reports as the Secretary may require.
      (9) Providing that the Floraboard may convene, from time to time,
    advisory panels drawn from the production, importation, wholesale,
    and retail segments of the flower and plant industry to assist in
    the development of marketing and research programs.
      (10) Providing that no funds collected or received by the
    Floraboard shall in any manner be used for the purpose of
    influencing governmental policy or action, except as provided by
    paragraph (1)(D) of this section.
      (11) Providing that Floraboard members and members of any
    advisory panels convened shall serve without compensation but shall
    be reimbursed for their reasonable expenses incurred in performing
    their duties as members of the Floraboard or advisory panel.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1707, Dec. 22, 1981, 95 Stat.
    1350.)

-End-

-CITE-
    7 USC Sec. 4307                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4307. Permissive terms in orders

-STATUTE-
      Orders issued pursuant to this chapter may contain one or more of
    the following terms and conditions:
      (1) Providing for the establishment, issuance, effectuation, and
    administration of appropriate plans or projects for advertising,
    sales promotion, urban beautification, and consumer education with
    respect to the use of flowers and plants, and for the disbursement
    of necessary funds for such purposes: Provided, That any such plan
    or project shall be directed toward increasing the general demand
    for flowers and plants and shall make no reference to a private
    brand or trade name: Provided further, That no such advertising,
    consumer education, urban beautification, or sales promotion
    program shall make use of unfair or deceptive acts or practices
    with respect to the quality, value, or use of any competing
    product.
      (2) Providing for establishing and carrying on research,
    marketing, and development projects, and studies with respect to
    the sale, distribution, marketing, or utilization of flowers and
    plants, to the end that the marketing and utilization of flowers
    and plants may be encouraged, expanded, improved, or made more
    acceptable, for the dissemination of the data collected by such
    activities and for the disbursement of necessary funds for such
    purposes.
      (3) Providing that producers, wholesalers, retailers, and
    importers of flowers and plants maintain and make available for
    inspection such books and records as are specified in the order and
    that such persons file reports at the time, in the manner, and
    having the content prescribed by the order, to the end that
    information and data shall be made available to the Floraboard and
    to the Secretary which is appropriate or necessary to the
    effectuation, administration, or enforcement of this chapter, or
    any order or regulation issued pursuant to this chapter: Provided,
    That all information so obtained shall be kept confidential by
    employees of the Department of Agriculture and the Floraboard, and
    only such information as the Secretary deems relevant shall be
    disclosed by them, and then only in a suit or administrative
    hearing brought at the direction, or upon the request, of the
    Secretary, or in a suit or administrative hearing to which the
    Secretary or any officer of the United States is a party, and
    involving the order with reference to which the information to be
    disclosed was furnished or acquired. Nothing in this section shall
    be deemed to prohibit (A) the issuance of general statements based
    upon the reports of the number of persons subject to an order, or
    statistical data collected therefrom, which statements do not
    identify the information furnished by any person, (B) the
    publication by the Floraboard of general statements relating to
    refunds made by the Floraboard during any specific period,
    including regional information on refunds, (C) the publication by
    the Floraboard of information on the amount of assessments
    collected from each commodity group and the rate of refund in each
    commodity group, or (D) the publication by direction of the
    Secretary of the name of any person violating any order, together
    with a statement of the particular provisions of the order violated
    by such persons. No information obtained pursuant to the authority
    of this chapter may be made available to any agency or officer of
    the Federal Government for any purpose other than the
    implementation of this chapter and any investigatory or enforcement
    actions necessary for the implementation of this chapter. Any
    person violating the provisions of this paragraph shall, upon
    conviction, be subject to a fine of not more than $1,000 or to
    imprisonment for not more than one year, or to both, and, if an
    officer or employee of the Floraboard or the Department of
    Agriculture, shall be removed from office.
      (4) Terms and conditions incidental to and not inconsistent with
    the terms and conditions specified in this chapter and necessary to
    effectuate the other provisions of such order.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1708, Dec. 22, 1981, 95 Stat.
    1352.)

-End-

-CITE-
    7 USC Sec. 4308                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4308. Referendum; necessity, etc.

-STATUTE-
      (a) The Secretary shall conduct a referendum among domestic
    producers and importers not exempt under section 4311 of this title
    who, during a representative period determined by the Secretary,
    have been engaged in the production or importation of flowers and
    plants, for the purpose of ascertaining whether the issuance of an
    order is approved or favored by such domestic producers and
    importers. No order issued pursuant to this chapter shall be
    effective unless the Secretary determines that the issuance of such
    order is approved or favored by not less than two-thirds of the
    producers and importers voting in such referendum, or by a majority
    of the producers and importers voting in such referendum if such
    majority produced and imported not less than two-thirds of the
    total value of the flowers and plants produced and imported by
    those producers and importers voting in such referendum during a
    representative period defined by the Secretary.
      (b) The Secretary shall be reimbursed from assessments for all
    costs incurred by the Government in connection with the conduct of
    the referendum, except for the salaries of Government employees.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1709, Dec. 22, 1981, 95 Stat.
    1354.)

-End-

-CITE-
    7 USC Sec. 4309                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4309. Suspension and termination of orders

-STATUTE-
    (a) Prerequisites
      Whenever the Secretary finds that any order issued under this
    chapter, or any provisions thereof, obstructs or does not tend to
    effectuate the declared policy of this chapter, the Secretary shall
    terminate or suspend the operation of such order or such provisions
    thereof.
    (b) Referendum
      The Secretary may conduct a referendum at any time, and shall
    hold a referendum on request of 10 per centum or more of the number
    of producers and importers voting in the referendum approving the
    order, to determine whether such producers and importers favor the
    termination or suspension of the order, and shall suspend or
    terminate such order six months after the Secretary determines that
    suspension or termination of the order is approved or favored by a
    majority of the producers and importers voting in such referendum
    who, during a representative period determined by the Secretary,
    have been engaged in the production or importation of flowers and
    plants.
    (c) Nature of order
      The termination or suspension of any order, or any provision
    thereof, shall not be considered an order within the meaning of
    this chapter.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1710, Dec. 22, 1981, 95 Stat.
    1354.)

-End-

-CITE-
    7 USC Sec. 4310                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4310. Amendments to orders

-STATUTE-
      The provisions of this chapter applicable to orders shall be
    applicable to amendments to orders.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1711, Dec. 22, 1981, 95 Stat.
    1354.)

-End-

-CITE-
    7 USC Sec. 4311                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4311. Exemption from assessments

-STATUTE-
      Any producer or importer whose total sales of flowers and plants
    do not exceed $100,000 during a twelve consecutive month period
    prior to the date an assessment is due and payable shall be exempt
    from assessments under this chapter under such conditions and
    procedures as may be prescribed in the order or rules and
    regulations issued thereunder and shall not vote in any referendum
    under this chapter: Provided, That the Floraboard shall have the
    discretion to make annual adjustments in the level of exemption to
    account for inflation. For the purpose of this section, a
    producer's or importer's total sales shall include, in those cases
    in which the producer or importer is an individual, sales
    attributable to such person's spouse, children, grandchildren, and
    parents; in those cases in which the producer or importer is a
    partnership or a member of a partnership, sales attributable to the
    other partners; and, in those cases in which the producer or
    importer is a corporation, sales attributable to any corporate
    subsidiaries of which such corporation owns 50 per centum or more
    of the stock, or if such subsidiaries are not corporations,
    subsidiaries which are controlled by such corporation. In addition,
    in determining a producer's or importer's total sales, the sales of
    any corporation in which such producer or importer owns 50 per
    centum or more of the stock shall be attributed to such producer or
    importer. For these purposes stock in the same corporation which is
    owned by such producer's or importer's spouse, children,
    grandchildren, parents, partners, and any corporation 50 per centum
    or more of whose stock is owned by the producer or importer shall
    be treated as owned by the producer or importer.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1712, Dec. 22, 1981, 95 Stat.
    1354.)

-End-

-CITE-
    7 USC Sec. 4312                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4312. Refund of assessments

-STATUTE-
      Notwithstanding any other provisions of this chapter, any
    producer or importer who pays an assessment shall have the right to
    demand and receive from the Floraboard a refund of such assessment:
    Provided, That such demand shall be made by such producer or
    importer in accordance with regulations and on a form and within a
    time period prescribed by the Floraboard and approved by the
    Secretary, but in no event more than sixty days after the end of
    the month in which the assessment was paid. Such refund shall be
    made not later than sixty days after submission of proof
    satisfactory to the Floraboard that the producer or importer paid
    the assessment for which refund is sought.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1713, Dec. 22, 1981, 95 Stat.
    1355.)

-End-

-CITE-
    7 USC Sec. 4313                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4313. Administrative and judicial review; procedures
      applicable

-STATUTE-
      (a) Any person subject to any order may file a written petition
    with the Secretary, stating that any such order or any provisions
    of such order or any obligations imposed in connection therewith is
    not in accordance with law and praying for a modification thereof
    or to be exempted therefrom. Such person shall thereupon be given
    an opportunity for a hearing upon such petition, in accordance with
    regulations prescribed by the Secretary. After such hearing, the
    Secretary shall make a ruling upon the prayer of such petition
    which shall be final if in accordance with law.
      (b) The district courts of the United States in any district in
    which such person is an inhabitant, or carries on business, are
    hereby vested with jurisdiction to review such ruling, provided a
    complaint for that purpose is filed within twenty days from the
    date of the entry of such ruling. Service of process in such
    proceedings may be had upon the Secretary by delivering to the
    Secretary a copy of the complaint. If the court determines that
    such ruling is not in accordance with law, it shall remand such
    proceedings to the Secretary with directions either (1) to make
    such ruling as the court shall determine to be in accordance with
    law, or (2) to take such further proceedings as, in its opinion,
    the law requires. The pendency of proceedings instituted pursuant
    to subsection (a) of this section shall not impede, hinder, or
    delay the United States or the Secretary from obtaining relief
    pursuant to section 4314(a) of this title.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1714, Dec. 22, 1981, 95 Stat.
    1355.)

-End-

-CITE-
    7 USC Sec. 4314                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4314. Enforcement of provisions

-STATUTE-
      (a) The several district courts of the United States are vested
    with jurisdiction specifically to enforce, and to prevent and
    restrain any person from violating, any order or regulation made or
    issued pursuant to this chapter. Any civil action authorized to be
    brought under this subsection shall be referred to the Attorney
    General for appropriate action: Provided, That nothing in this
    chapter shall be construed as requiring the Secretary to refer to
    the Attorney General violations of this chapter whenever the
    Secretary believes that the administration and enforcement of the
    program would be adequately served by administrative action
    pursuant to subsection (b) of this section or suitable written
    notice or warning to any person committing such violations.
      (b)(1) Any person who violates any provisions of any order or
    regulation issued by the Secretary pursuant to this chapter, or who
    fails or refuses to pay, collect, or remit any assessment or fee
    duly required thereunder, may be assessed a civil penalty by the
    Secretary of not less than $500 or more than $5,000 for each such
    violation. Each violation shall be a separate offense. In addition
    to or in lieu of such civil penalty the Secretary may issue an
    order requiring such person to cease and desist from continuing
    such violation or violations. No penalty may be assessed or cease
    and desist order issued unless such person is given notice and
    opportunity for a hearing before the Secretary with respect to such
    violation. The order of the Secretary assessing a penalty or
    imposing a cease and desist order shall be final and conclusive
    unless the affected person files an appeal from the Secretary's
    order with the appropriate United States court of appeals.
      (2) Any person against whom a violation is found and a civil
    penalty assessed or cease and desist order issued under paragraph
    (1) of this subsection may obtain review in the court of appeals of
    the United States for the circuit in which such person resides or
    carries on business or in the United States Court of Appeals for
    the District of Columbia Circuit by filing a notice of appeal in
    such court within thirty days from the date of such order and by
    simultaneously sending a copy of such notice by certified mail to
    the Secretary. The Secretary shall promptly file in such court a
    certified copy of the record upon which such violation was found.
    The findings of the Secretary shall be set aside only if found to
    be unsupported by substantial evidence.
      (3) Any person who fails to obey a cease and desist order after
    it has become final and unappealable, or after the appropriate
    court of appeals has entered final judgment in favor of the
    Secretary, shall be subject to a civil penalty assessed by the
    Secretary, after opportunity for a hearing and for judicial review
    pursuant to the procedures specified in paragraphs (1) and (2) of
    this subsection, of not more than $500 for each offense, and each
    day during which such failure continues shall be deemed a separate
    offense.
      (4) If any person fails to pay an assessment of a civil penalty
    after it has become a final and unappealable order, or after the
    appropriate court of appeals has entered final judgment in favor of
    the Secretary, the Secretary shall refer the matter to the Attorney
    General who shall recover the amount assessed in any appropriate
    district court of the United States. In such action, the validity
    and appropriateness of the final order imposing the civil penalty
    shall not be subject to review.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1715, Dec. 22, 1981, 95 Stat.
    1356.)

-End-

-CITE-
    7 USC Sec. 4315                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4315. Certification of organizations; applicable criteria and
      considerations

-STATUTE-
      The eligibility of any organization to represent producers of
    flowers and plants of any producing area of the United States or
    importers of flowers and plants, for purposes of requesting the
    issuance of an order under section 4304 of this title, or making
    nominations under section 4306(2) of this title, shall be certified
    by the Secretary. Certification shall be based, in addition to
    other available information, upon a factual report submitted by the
    organization which shall contain information deemed relevant and
    specified by the Secretary for the making of such determination,
    including, but not limited to, the following:
        (1) geographic territory covered by the organization's active
      membership;
        (2) nature and size of the organization's active membership,
      the proportion of such active membership accounted for by
      producers and importers, and information as to the volume of
      production by State or the volume of importation by country
      accounted for by the organization's producer and importer
      members;
        (3) the extent to which the producer and importer membership of
      such organization is represented in setting the organization's
      policies;
        (4) evidence of stability and permanency of the organization;
        (5) sources from which the organization's operating funds are
      derived;
        (6) functions of the organization;
        (7) whether the majority of the governing board of the
      organization is composed of producers and importers; and
        (8) the organization's ability and willingness to further the
      aims and objectives of this chapter.

    The primary consideration in determining the eligibility of any
    organization shall be whether its membership consists of a
    substantial number of producers and importers who produce and
    import a substantial volume of flowers and plants. The Secretary
    shall certify any organization which is found to be eligible under
    this section, and the Secretary's determination as to eligibility
    shall be final. Whenever more than one organization is certified in
    any geographic area, such organizations may caucus to determine the
    area's nominations under section 4306(2) of this title.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1716, Dec. 22, 1981, 95 Stat.
    1357.)

-End-

-CITE-
    7 USC Sec. 4316                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4316. Regulations

-STATUTE-
      The Secretary may issue such regulations as may be necessary to
    carry out the provisions of this chapter.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1717, Dec. 22, 1981, 95 Stat.
    1357.)

-End-

-CITE-
    7 USC Sec. 4317                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4317. Investigations; subpena powers, etc.; enforcement

-STATUTE-
      The Secretary may make such investigations as are deemed
    necessary to carry out the Secretary's responsibilities under this
    chapter or to determine whether a producer, importer, wholesaler,
    retailer, or other seller of flowers and plants, or any other
    person has engaged or is about to engage in any acts or practices
    which constitute or will constitute a violation of any provisions
    of this chapter, or of any order, or rule or regulation issued
    under this chapter. For the purpose of such investigation, the
    Secretary is empowered to administer oaths and affirmations,
    subpena witnesses, compel their attendance, take evidence, and
    require the production of any books, papers, and documents which
    are relevant to the inquiry. Such attendance of witnesses and the
    production of any such records may be required from any place in
    the United States. In case of contumacy by, or refusal to obey a
    subpena to, any person, including a producer of flowers and plants,
    the Secretary may invoke the aid of any court of the United States
    within the jurisdiction of which such investigation or proceeding
    is carried on, or where such person resides or carries on business,
    in requiring the attendance and testimony of witnesses and the
    production of books, papers, and documents; and such court may
    issue an order requiring such person to appear before the
    Secretary, there to produce records, if so ordered, or to give
    testimony touching the matter under investigation. Any failure to
    obey such order of the court may be punished by such court as a
    contempt thereof. All processes in any such cases may be served in
    the judicial district wherein such person is an inhabitant or
    wherever such person may be found.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1718, Dec. 22, 1981, 95 Stat.
    1357.)

-End-

-CITE-
    7 USC Sec. 4318                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4318. Separability

-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstances is held invalid, the validity of the
    remainder of this chapter and of the application of such provision
    to other persons and circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1719, Dec. 22, 1981, 95 Stat.
    1358.)

-End-

-CITE-
    7 USC Sec. 4319                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-
    Sec. 4319. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated out of any money in the
    Treasury not otherwise appropriated such funds as are necessary to
    carry out the provisions of this chapter. The funds so appropriated
    shall not be available for payment of the expenses or expenditures
    of the Floraboard in administering any provisions of any order
    issued pursuant to the terms of this chapter.

-SOURCE-
    (Pub. L. 97-98, title XVII, Sec. 1720, Dec. 22, 1981, 95 Stat.
    1358.)

-End-