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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3515 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3515

To amend the Egg Research and Consumer Information Act, the Watermelon 
   Research and Promotion Act, and the Lime Research, Promotion, and 
Consumer Information Act of 1990 to revise the operation of these Acts 
and to authorize the establishment of a fresh cut flowers and fresh cut 
 greens promotion and consumer information program for the benefit of 
          the floricultural industry, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 1993

 Mr. de la Garza (for himself, Mr. Stenholm, Mr. Roberts, Mr. Lewis of 
    Florida, Mr. Boehner, Mr. Holden, and Mr. English of Oklahoma) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL

 
To amend the Egg Research and Consumer Information Act, the Watermelon 
   Research and Promotion Act, and the Lime Research, Promotion, and 
Consumer Information Act of 1990 to revise the operation of these Acts 
and to authorize the establishment of a fresh cut flowers and fresh cut 
 greens promotion and consumer information program for the benefit of 
          the floricultural industry, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Agricultural Research and 
Promotion Improvement Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
             TITLE I--EGG RESEARCH AND CONSUMER INFORMATION

Sec. 101. Short title.
Sec. 102. Rate of assessment.
Sec. 103. Exempted egg producers.
              TITLE II--WATERMELON RESEARCH AND PROMOTION

Sec. 201. Short title.
Sec. 202. Change to majority vote in referendum procedures.
Sec. 203. Expansion of watermelon plans to entire United States.
Sec. 204. Clarification of differences between producers and handlers.
Sec. 205. Clarification of collection of assessments by the Board.
Sec. 206. Changes to assessment rate not subject to formal rulemaking.
Sec. 207. Elimination of watermelon assessment refund.
Sec. 208. Equitable treatment of watermelon plans.
Sec. 209. Separate consideration of watermelon plan amendments.
    TITLE III--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND 
                              INFORMATION

Sec. 301. Short title.
Sec. 302. Findings and declaration of policy.
Sec. 303. Definitions.
Sec. 304. Issuance of orders.
Sec. 305. Required terms in orders.
Sec. 306. Assessments.
Sec. 307. Required determinations.
Sec. 308. Referenda.
Sec. 309. Petition and review.
Sec. 310. Enforcement.
Sec. 311. Investigations and power to subpoena.
Sec. 312. Confidentiality.
Sec. 313. Authority for Secretary to suspend or terminate order.
Sec. 314. Construction.
Sec. 315. Regulations.
Sec. 316. Authorization of appropriations.
Sec. 317. Separability.
      TITLE IV--LIME RESEARCH, PROMOTION, AND CONSUMER INFORMATION

Sec. 401. Short title.
Sec. 402. Findings and purpose.
Sec. 403. Definition of lime.
Sec. 404. Required terms in orders.
Sec. 405. Initial referendum.

             TITLE I--EGG RESEARCH AND CONSUMER INFORMATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Egg Research and Consumer 
Information Improvement Act''.

SEC. 102. RATE OF ASSESSMENT.

    (a) Assessment Terms and Conditions in Orders.--Section 8(e) of the 
Egg Research and Consumer Information Act (7 U.S.C. 2707(e)) is 
amended--
            (1) by designating the first and second sentences as 
        paragraph (1);
            (2) by designating the fifth and sixth sentences as 
        paragraph (3);
            (3) by striking the third and fourth sentences and 
        inserting the following new paragraph:
    ``(2)(A) The rate of assessment shall be prescribed by the order, 
except that the rate of assessment may not exceed 30 cents per case of 
commercial eggs or the equivalent thereof.
    ``(B) The Secretary may amend the order to increase the rate of 
assessment (subject to the limitation in subparagraph (A)) only if the 
increase is recommended by the Egg Board and approved by egg producers 
in a referendum conducted under section 9(b).
    ``(C) The Secretary may amend the order to decrease the rate of 
assessment only if the decrease is recommended by the Egg Board. A 
decrease in the rate of assessment shall take effect only after the 
Secretary provides public notice and an opportunity for comment in 
accordance with section 553 of title 5, United States Code. Sections 
556 and 557 of such title shall not apply with respect to decreasing 
the rate of assessment.''; and
            (4) by conforming the margins of paragraphs (1) and (3) (as 
        so designated) to the margin of paragraph (2).
    (b) Referendum Requirements.--Section 9 of the Egg Research and 
Consumer Information Act (7 U.S.C. 2708) is amended--
            (1) by designating the first two sentences as subsection 
        (a);
            (2) by designating the last sentence as subsection (c);
            (3) by inserting after subsection (a) (as so designated) 
        the following new subsection:
    ``(b)(1) Whenever the Egg Board determines, based on scientific 
studies, marketing analysis, or other similar competent evidence, that 
an increase in assessment rate is needed to ensure that assessments 
under the order are set at an appropriate level to effectuate the 
declared policy of this Act, the Egg Board may request that the 
Secretary conduct a referendum, as provided in paragraph (2).
    ``(2) When requested by the Egg Board under paragraph (1) or (3), 
the Secretary shall conduct a referendum among egg producers not exempt 
hereunder who, during a representative period determined by the 
Secretary, have been engaged in the production of commercial eggs, for 
the purpose of ascertaining whether such producers approve the increase 
in the assessment rate proposed by the Egg Board. The increase in the 
assessment rate shall take effect if approved or favored by not less 
than two-thirds of the producers voting in such referendum, or by a 
majority of the producers voting in such referendum if such majority 
produced not less than two-thirds of all the commercial eggs produced 
by those voting during a representative period defined by the 
Secretary.
    ``(3) With respect to the order in effect on the date of the 
enactment of this subsection, the Egg Board shall undertake to 
determine under paragraph (1), as soon as practicable after such date 
of enactment, whether to request that the Secretary conduct a 
referendum under paragraph (2). If the Egg Board makes such a request 
on competent evidence, as provided in paragraph (1), the Secretary 
shall conduct such referendum as soon as practicable, but not later 
than 120 days after receipt of the request from the Egg Board.
    ``(4) Notwithstanding any other provision of this Act, whenever an 
increase in the assessment rate and the authority for additional 
increases is approved by producers in a referendum under this 
subsection, the Secretary shall amend the order as appropriate to 
reflect such vote of producers. The amendment to the order shall become 
effective on the date it is issued.''; and
            (4) by conforming the margins of subsections (a) and (c) 
        (as so designated) to the margin of subsection (b).

SEC. 103. EXEMPTED EGG PRODUCERS.

    (a) Increase in Exemption Amount.--Section 12(a)(1) of the Egg 
Research and Consumer Information Act (7 U.S.C. 2711(a)(1)) is amended 
by striking ``30,000 laying hens'' and inserting ``75,000 laying 
hens''.
    (b) Issuance of Amendment to Order.--To implement the amendment 
made by subsection (a) to the Egg Research and Consumer Information 
Act, the Secretary of Agriculture shall issue an amendment to the egg 
promotion and research order issued under such Act. The amendment to 
the order shall be issued after public notice and opportunity for 
comment in accordance with section 553 of title 5, United States Code. 
Sections 556 and 557 of such title shall not apply with respect to the 
amendment to the order. The Secretary shall issue the proposed 
amendment to the order not later than 30 days after the date of the 
enactment of this title.
    (c) Effective Date.--The amendment to the egg promotion and 
research order required by subsection (b) shall become effective not 
later than 120 days after the date of the enactment of this Act. The 
amendment shall not be subject to a referendum under the Egg Research 
and Consumer Information Act.

              TITLE II--WATERMELON RESEARCH AND PROMOTION

SEC. 201. SHORT TITLE.

    (a) Short Title.--This title may be cited as the ``Watermelon 
Research and Promotion Improvement Act''.

SEC. 202. CHANGE TO MAJORITY VOTE IN REFERENDUM PROCEDURES.

    Section 1653 of the Watermelon Research and Promotion Act (7 U.S.C. 
4912) is amended--
            (1) by inserting ``(a)'' after ``Sec. 1653.'';
            (2) by striking the third sentence; and
            (3) inserting at the end the following new subsection:
    ``(b) A plan issued under this subtitle shall not take effect 
unless the Secretary determines that the issuance of the plan is 
approved or favored by a majority of the producers and handlers (and 
importers if subject to the plan) voting in the referendum.''.

SEC. 203. EXPANSION OF WATERMELON PLANS TO ENTIRE UNITED STATES.

    (a) Definitions.--Section 1643 of the Watermelon Research and 
Promotion Act (7 U.S.C. 4902(3)) is amended--
            (1) in paragraph (3), by striking ``the forty-eight 
        contiguous States of''; and
            (2) by adding at the end the following new paragraph:
            ``(10) The term `United States' means each of the several 
        States and the District of Columbia.''.
    (b) Issuance of Plans.--The last sentence of section 1644 of such 
Act (7 U.S.C. 4903) is amended by striking ``the forty-eight contiguous 
States of''.

SEC. 204. CLARIFICATION OF DIFFERENCES BETWEEN PRODUCERS AND HANDLERS.

    Section 1647(c) of the Watermelon Research and Promotion Act (7 
U.S.C. 4906(c)) is amended by adding at the end the following:
    ``(3) If a producer purchases watermelons from other producers, in 
a combined total volume that is equal to 25 percent or more of the 
producer's own production, the producer shall be eligible to serve on 
the Board only as a representative of handlers and not as a 
representative of producers. In addition, if the combined total volume 
of watermelons handled by a producer from the producer's own production 
and purchases from other producers' production is more than 50 percent 
of the producer's own production, the producer shall be eligible to 
serve on the Board only as a representative of handlers and not as a 
representative of producers.''.

SEC. 205. CLARIFICATION OF COLLECTION OF ASSESSMENTS BY THE BOARD.

    Section 1647 of the Watermelon Research and Promotion Act (7 U.S.C. 
4906) is amended--
            (1) in subsection (f), by striking ``collection of the 
        assessments by the Board'' and inserting ``payment of the 
        assessments to the Board.''; and
            (2) in paragraphs (1) and (3) of subsection (g), by 
        striking ``collected'' and inserting ``received''.

SEC. 206. CHANGES TO ASSESSMENT RATE NOT SUBJECT TO FORMAL RULEMAKING.

    Section 1647(f) of the Watermelon Research and Promotion Act (7 
U.S.C. 4906(f)), as amended by section 205(1), is further amended by 
adding at the end the following new sentences: ``In fixing or changing 
the rate of assessment pursuant to the plan, the Secretary shall comply 
with the notice and comment procedures established under section 553 of 
title 5, United States Code. Sections 556 and 557 of such title shall 
not apply with respect to fixing or changing the rate of assessment.''.

SEC. 207. ELIMINATION OF WATERMELON ASSESSMENT REFUND.

    Section 1647(h) of the Watermelon Research and Promotion Act (7 
U.S.C. 4906(h)) is amended--
            (1) by inserting ``(1) Except as provided in paragraph 
        (2)'' after ``(h)''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) If approved in the referendum required by section 1655(b) 
relating to the elimination of the assessment refund under paragraph 
(1), the Secretary shall amend the plan which is in effect on the day 
before the date of the enactment of the Watermelon Research and 
Promotion Improvement Act to eliminate such refund provision.
    ``(3) Notwithstanding paragraph (2), if importers are subject to 
the plan, the plan shall provide that importers of less than 75,000 
pounds of watermelons per year shall be entitled to apply for a refund 
of the equivalent of the rate of assessment paid by domestic producers. 
The Secretary may adjust the weight exemption contained in this 
paragraph upon the recommendation of the Board after an opportunity for 
notice and comment to reflect significant changes in the 5-year average 
yield per acre of watermelons in the United States.''.

SEC. 208. EQUITABLE TREATMENT OF WATERMELON PLANS.

    (a) Definitions.--Section 1643 of the Watermelon Research and 
Promotion Act (7 U.S.C. 4902), as amended by section 203(a), is further 
amended--
            (1) in paragraph (3), by striking the semicolon at the end 
        and inserting the following: ``or imported into the United 
        States.'';
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (8) and (9), respectively; and
            (3) by inserting after paragraph (5) the following new 
        paragraphs:
            ``(6) The term `importer' means any person who imports 
        watermelons into the United States.
            ``(7) The term `plan' means an order issued by the 
        Secretary under this subtitle.''.
    (b) Issuance of Plans.--Section 1644 of such Act (7 U.S.C. 4903), 
as amended by section 203(b), is further amended--
            (1) in the first sentence, by striking ``and handlers'' and 
        inserting ``, handlers, and importers'';
            (2) by striking the second sentence; and
            (3) in the last sentence, by inserting ``or imported into 
        the United States'' before the period.
    (c) Notice and Hearings.--Section 1645(a) of such Act (7 U.S.C. 
4904(a)) is amended--
            (1) in the first sentence, by striking ``and handlers'' and 
        inserting ``, handlers, and importers''; and
            (2) in the last sentence, by striking ``or handlers'' and 
        inserting ``, handlers, or importers''.
    (d) Membership of Board.--Section 1647(c) of such Act (7 U.S.C. 
4906(c)), as amended by section 204, is further amended--
            (1) by inserting ``(1)'' after ``(c)'';
            (2) in the second sentence, by striking ``producer and 
        handler members'' and inserting ``other members''; and
            (3) by adding at the end the following new paragraph:
    ``(2) If importers are subject to the plan, the Board shall also 
include one or more representatives of importers who shall be appointed 
by the Secretary from nominations submitted by importers in such manner 
as may be prescribed by the Secretary. Importer representation on the 
Board shall be proportionate to the percentage of assessments paid by 
importers to the Board, except that there shall always be at least one 
representative of importers on the Board. If importers are subject to 
the plan and fail to select nominees for appointment to the Board, the 
Secretary may appoint any importers as the representatives of 
importers. Every 5 years, the Secretary shall evaluate the average 
annual percentage of assessments paid by importers during the most 
recent 3-year period and adjust, to the extent possible, the number of 
importer representatives on the Board.''.
    (e) Assessments.--Section 1647(g) of such Act (7 U.S.C. 4906(g)), 
as amended by section 205(2), is further amended--
            (1) in paragraph (4)--
                    (A) by striking ``(4) assessments'' and inserting 
                ``(4) Assessments''; and
                    (B) by inserting ``in the case of producers and 
                handlers'' after ``such assessments''; and
            (2) by adding at the end the following new paragraph:
            ``(5) If importers are subject to the plan, an assessment 
        shall also be made on watermelons imported into the United 
        States by such importers. The rate of assessment for importers 
        (if subject to the plan) shall be equal to the combined rate 
        for producers and handlers.''.
    (f) Refunds.--Section 1647(h) of such Act (7 U.S.C. 4906(h)), as 
amended by section 207, is further amended--
            (1) by inserting after ``or handler'' the first two places 
        it appears the following: ``(or importer if subject to the 
        plan)''; and
            (2) by striking ``or handler'' the last place it appears 
        and inserting ``, handler, or importer''.
    (g) Assessment Procedures.--Section 1649 of such Act (7 U.S.C. 
4908) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) If importers are subject to the plan, each importer required 
to pay assessments under the plan shall be responsible for payment to 
the Board, as it may direct, of the assessment. The assessment on 
imported watermelons shall be equal to the combined rate for domestic 
producers and handlers and shall be paid by the importer to the Board 
at the time of the entry of the watermelons into the United States. 
Each such importer shall maintain a separate record including the total 
quantity of watermelons imported into the United States that are 
included under the terms of the plan, as well as those that are exempt 
under such plan, and shall indicate such other information as may be 
prescribed by the Board. No more than one assessment shall be made on 
any imported watermelons.'';
            (2) in subsection (b), by inserting ``and importers'' after 
        ``Handlers''; and
            (3) in subsection (c)(1), by inserting ``or importers'' 
        after ``handlers''.
    (h) Investigations.--Section 1652(a) of such Act (7 U.S.C. 4911(a)) 
is amended--
            (1) in the first sentence, by striking ``a handler or any 
        other person'' and by inserting ``a person'';
            (2) in the fourth sentence, by inserting ``(or an importer 
        if subject to the plan)'' after ``a handler''; and
            (3) in the last sentence, by striking ``the handler or 
        other person'' and inserting ``the person''.
    (i) Referendum.--Section 1653 of such Act (7 U.S.C. 4912), as 
amended by section 202, is further amended--
            (1) in the first sentence--
                    (A) by striking ``and handlers'' both places it 
                appears and inserting ``, handlers, and importers''; 
                and
                    (B) by striking ``or handling'' and inserting ``, 
                handling, or importing'';
            (2) by striking the second sentence; and
            (3) in the sentence beginning ``The ballots''--
                    (A) by striking ``or handler'' and inserting ``, 
                handler, or importer''; and
                    (B) by striking ``or handled'' and inserting ``, 
                handled, or imported''.
    (j) Termination of Plans.--Section 1654(b) of such Act (7 U.S.C. 
4913(b)) is amended--
            (1) in the first sentence--
                    (A) by striking ``10 per centum or more'' and 
                inserting ``at least 10 percent of the combined 
                total''; and
                    (B) by striking ``and handlers'' both places it 
                appears and inserting ``, handlers, and importers'';
            (2) in the second sentence--
                    (A) by striking ``or handle'' and inserting ``, 
                handle, or import'';
                    (B) by striking ``50 per centum'' and inserting 
                ``50 percent of the combined total''; and
                    (C) by striking ``or handled by the handlers,'' and 
                inserting ``, handled by the handlers, and imported by 
                the importers''; and
            (3) by striking the last sentence.
    (k) Conforming and Technical Amendments.--Such Act is further 
amended--
            (1) in section 1642(a)(5) (7 U.S.C. 4901(a)(5)), by 
        striking ``and handling'' and inserting ``handling, and 
        importing'';
            (2) in the first sentence of section 1642(b) (7 U.S.C. 
        4901(b))--
                    (A) by inserting ``, or imported into the United 
                States,'' after ``harvested in the United States''; and
                    (B) by striking ``produced in the United States'';
            (3) in section 1643 (7 U.S.C. 4902), as amended by 
        subsection (a) and section 203--
                    (A) by striking ``subtitle--'' and inserting 
                ``subtitle:'';
                    (B) in paragraphs (1), (2), (3), (4), and (5), by 
                striking ``the term'' and inserting ``The term'';
                    (C) in paragraphs (1), (2), (4), and (5), by 
                striking the semicolon at the end and inserting a 
                period;
                    (D) in paragraph (8), as redesignated by subsection 
                (a)(2)--
                            (i) by striking ``the term'' and inserting 
                        ``The term''; and
                            (ii) by striking ``; and'' and inserting a 
                        period; and
                    (E) in paragraph (9), as redesignated by subsection 
                (a)(2)--
                            (i) by striking ``the term'' and inserting 
                        ``The term''; and
                            (ii) by striking ``1644'' and inserting 
                        ``1647''; and
            (4) in section 1647(g) (7 U.S.C. 4906(g)), as amended by 
        subsection (e) and section 205(2)--
                    (A) by striking ``that--'' and inserting ``the 
                following:'';
                    (B) in paragraph (1)--
                            (i) by striking ``(1) funds'' and inserting 
                        ``(1) Funds''; and
                            (ii) by striking the semicolon at the end 
                        and inserting a period;
                    (C) in paragraph (2)--
                            (i) by striking ``(2) no'' and inserting 
                        ``(2) No''; and
                            (ii) by striking the semicolon at the end 
                        and inserting a period; and
                    (D) in paragraph (3)--
                            (i) by striking ``(3) no'' and inserting 
                        ``(3) No''; and
                            (ii) by striking ``; and'' and inserting a 
                        period.

SEC. 209. SEPARATE CONSIDERATION OF WATERMELON PLAN AMENDMENTS.

    Section 1655 of the Watermelon Research and Promotion Act (7 U.S.C. 
4914) is amended--
            (1) by inserting ``(a)'' before ``The provisions''; and
            (2) by adding at the end the following new subsections:
    ``(b) The amendments described in subsection (c) that are required 
to be made by the Secretary to a plan as a result of the amendments 
made by the Watermelon Research and Promotion Improvement Act shall be 
subject to separate line item voting and approval in a referendum 
conducted pursuant to section 1653 before the Secretary alters the plan 
as in effect on the day before the date of the enactment of such Act.
    ``(c) The amendments referred to in subsection (b) are those 
amendments required under--
            ``(1) section 207 of the Watermelon Research and Promotion 
        Improvement Act relating to the elimination of the assessment 
        refund; and
            ``(2) section 208 of such Act relating to subjecting 
        importers to the terms and conditions of the plan.
    ``(d) When conducting the referendum relating to subjecting 
importers to the terms and conditions of a plan, the Secretary shall 
include as eligible voters in the referendum producers, handlers, and 
importers who would be subject to the plan if the amendments are 
approved.''.

    TITLE III--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND 
                              INFORMATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Fresh Cut Flowers and Fresh Cut 
Greens Promotion and Information Act''.

SEC. 302. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) Fresh cut flowers and fresh cut greens are an integral 
        part of life in the United States, are enjoyed by millions of 
        persons every year for a multitude of special purposes 
        (especially important personal events), and contribute a 
        natural and beautiful element to the human environment.
            (2) Cut flowers and cut greens are produced by many 
        individual producers throughout the United States as well as in 
        other countries, and are handled and marketed by thousands of 
        small-sized and medium-sized businesses, and such production, 
        handling, and marketing constitute a key segment of the United 
        States horticultural industry and thus a significant part of 
        the overall agricultural economy of the United States.
            (3) Handlers play a vital role in the marketing of cut 
        flowers and cut greens in that they purchase most of the cut 
        flowers and cut greens marketed by producers, prepare the cut 
        flowers and cut greens for retail consumption, serve as 
        intermediary between source of product and retailer, otherwise 
        facilitate the entry of cut flowers and cut greens into the 
        current of domestic commerce, and add efficiencies to the 
        market process that ensure the availability of a much greater 
        variety of product to retailers and consumers.
            (4) It is widely recognized that it is in the public 
        interest and important to the agricultural economy of the 
        United States to provide an adequate, steady supply of cut 
        flowers and cut greens at reasonable prices to consumers in the 
        United States.
            (5) Cut flowers and cut greens move in interstate and 
        foreign commerce, and cut flowers and cut greens that do not 
        move in such channels of commerce, but only in intrastate 
        commerce, directly affect interstate commerce in cut flowers 
        and cut greens.
            (6) The maintenance and expansion of existing markets and 
        the development of new or improved markets or uses for cut 
        flowers and cut greens are needed to preserve and strengthen 
        the economic viability of the domestic cut flowers and cut 
        greens industry for the benefit of producers, handlers, 
        retailers, and the entire floral industry.
            (7) Generic programs of promotion and consumer information 
        can be effective in maintaining and developing markets for cut 
        flowers and cut greens, and have the advantage of equally 
        enhancing the market position for all cut flowers and cut 
        greens marketed.
            (8) Because cut flowers and cut greens producers are 
        primarily agriculture-oriented rather than promotion-oriented, 
        and because the floral marketing industry within the United 
        States is comprised mainly of small-sized and medium-sized 
        businesses, the development and implementation of an adequate 
        and coordinated national program of generic promotion and 
        consumer information necessary for the maintenance of existing 
        markets and the development of new markets for cut flowers and 
        cut greens have been prevented.
            (9) There exist established State and commodity-specific 
        producer-funded programs of promotion and research that are 
        valuable efforts to expand markets for domestic producers of 
        cut flowers and cut greens and that will be able to take 
        advantage of the promotion and consumer information program 
        authorized by this title to enhance their market development 
        efforts for domestic producers.
            (10) An effective and coordinated method for ensuring 
        cooperative and collective action in providing for and 
        financing a nationwide program of generic promotion and 
        consumer information is needed to ensure that the cut flowers 
        and cut greens industry will be able to provide, obtain, and 
        implement programs of promotion and consumer information 
        necessary to maintain, expand, and develop markets for these 
        articles.
            (11) The most efficient method of financing a nationwide 
        program of generic promotion and consumer information regarding 
        cut flowers and cut greens is to assess cut flowers and cut 
        greens at the point they are sold by handlers into the retail 
        market.
    (b) Policy and Purpose.--It is declared to be the policy of 
Congress that it is in the public interest, and it is the purpose of 
this title, to authorize the establishment pursuant to this title of an 
orderly procedure for the development and financing (through an 
adequate assessment on cut flowers and cut greens sold by handlers to 
retailers and related entities in the United States) of an effective 
and coordinated program of generic promotion, consumer information, and 
related research designed to strengthen the cut flowers and cut greens 
industry's position in the marketplace and to maintain, develop, and 
expand markets for cut flowers and cut greens.

SEC. 303. DEFINITIONS.

    For purposes of this title:
            (1) Consumer information.--The term ``consumer 
        information'' means any action or program to provide 
        information to consumers and other persons on appropriate uses 
        under varied circumstances, and on the care and handling, of 
        cut flowers or cut greens.
            (2) Cut flowers and cut greens.--
                    (A) In general.--The term ``cut flowers'' includes 
                all flowers cut from growing plants and used as fresh-
                cut flowers, produced either under cover or in field 
                operations. The term ``cut greens'' includes all 
                cultivated or noncultivated decorative foliage cut from 
                growing plants and used as fresh-cut decorative foliage 
                (except Christmas trees) produced either under cover or 
                in field operations. Neither term includes foliage 
                plants, floral supplies, or flowering plants.
                    (B) Substantial portion.--In any case in which a 
                handler packages cut flowers or cut greens with hard 
                goods in an article, such as a gift basket or similar 
                presentation, for sale to retailers, the PromoFlor 
                Council may determine, under procedures set out in the 
                order, that the cut flowers or cut greens in the 
                article do not constitute a substantial portion of the 
                value of the article and that, based on such 
                determination, the article shall not be treated as an 
                article of cut flowers or cut greens subject to 
                assessment under the order.
            (3) Gross sales price.--The term ``gross sales price'' 
        means the total amount of the transaction in a sale of cut 
        flowers or cut greens from a handler to a retailer.
            (4) Handler definitions.--
                    (A) Qualified handler.--
                            (i) In general.--The term ``qualified 
                        handler'' means a person (including a 
                        cooperative) operating in the cut flowers or 
                        cut greens marketing system that sells domestic 
                        or imported cut flowers or cut greens to 
                        retailers and exempt handlers and whose annual 
                        sales of cut flowers and cut greens to 
                        retailers and exempt handlers are $750,000 or 
                        more.
                            (ii) Inclusions.--The term ``qualified 
                        handler'' includes--
                                    (I) bouquet manufacturers (subject 
                                to the ``substantial portion'' rule 
                                under paragraph (2)(B));
                                    (II) auction houses that clear 
                                sales of cut flowers and cut greens to 
                                retailers and exempt handlers through a 
                                central clearinghouse; and
                                    (III) any distribution center that 
                                is owned or controlled by a retailer if 
                                the predominant retail business 
                                activity of the retailer is floral 
                                sales. For purposes of determining 
                                sales of cut flowers and cut greens to 
                                retailers from any such distribution 
                                center, each non-sale transfer to a 
                                retailer shall be treated as a sale in 
                                an amount calculated as provided in 
                                subparagraph (C)(ii).
                            (iii) Exclusions.--The term ``qualified 
                        handler'' does not include a person who merely 
                        physically transports or delivers cut flowers 
                        or cut greens.
                            (iv) Rules of construction for direct to 
                        consumer sales.--The term ``qualified handler'' 
                        includes an importer that sells directly to 
                        consumers cut flowers or cut greens that it has 
                        imported into the United States and whose sales 
                        of such cut flowers or cut greens (as 
                        calculated under subparagraph (C)), along with 
                        sales of cut flowers and cut greens to 
                        retailers or exempt handlers, annually are 
                        $750,000 or more. The term ``qualified 
                        handler'' also includes a producer that sells 
                        directly to consumers cut flowers or cut greens 
                        that it has produced and whose sales of such 
                        cut flowers or cut greens (as calculated under 
                        subparagraph (C)), along with sales of cut 
                        flowers and cut greens to retailers or exempt 
                        handlers, annually are $750,000 or more. Each 
                        direct sale to consumers by any such qualified 
                        handler shall be treated as a sale to a 
                        retailer or exempt handler in an amount 
                        calculated as provided in clause (ii) or (iii) 
                        of subparagraph (C).
                    (B) Exempt handler.--The term ``exempt handler'' 
                means a person that would otherwise be considered to be 
                a qualified handler, except that its annual sales of 
                cut flowers and cut greens to retailers and other 
                exempt handlers are less than $750,000.
                    (C) Annual sales determined.--
                            (i) In general.--For purposes of 
                        determining the amount of annual sales of cut 
                        flowers and cut greens under subparagraphs (A) 
                        and (B), the amount of a sale shall be 
                        determined on the basis of the gross sales 
                        price of product sold.
                            (ii) Special rule for distribution 
                        centers.--In the case of a non-sale transfer of 
                        cut flowers or cut greens from a distribution 
                        center, as described in subparagraph 
                        (A)(ii)(III), the amount of the sale shall be--
                                    (I) the price paid by the 
                                distribution center to acquire the cut 
                                flowers or cut greens; plus
                                    (II) an amount determined by 
                                multiplying acquisition price 
                                determined under subclause (I) by a 
                                uniform percentage established by the 
                                order to represent a wholesale 
                                handler's mark-up on a sale to a 
                                retailer.
                            (iii) Special rule for direct sales by 
                        importers.--In the case a direct sale by an 
                        importer to a consumer, as described in 
                        subparagraph (A)(iv), the amount of the sale 
                        shall be--
                                    (I) the price paid by the importer 
                                to acquire the cut flowers or cut 
                                greens; plus
                                    (II) an amount determined by 
                                multiplying the acquisition price 
                                determined under subclause (I) by a 
                                uniform percentage established by the 
                                order to represent a wholesale 
                                handler's mark-up on a sale to a 
                                retailer.
                            (iv) Special rule for direct sales by 
                        producers.--In the case of a direct sale by a 
                        producer to a consumer, as described in 
                        subparagraph (A)(iv), the amount of the sale 
                        shall be an amount determined by applying to 
                        the price paid by the consumer a uniform 
                        percentage established by the order to 
                        represent the cost of producing the article and 
                        a wholesale handler's mark-up on a sale to a 
                        retailer.
                    (D) Reference to other definitions.--For purposes 
                of this paragraph, the term ``producer'' has the 
                meaning given the term ``producer that is a qualified 
                handler'' in section 305(b)(2)(B)(ii)(I), and the term 
                ``importer'' has the meaning given the term ``importer 
                that is a qualified handler'' in section 
                305(b)(2)(B)(iii)(I).
            (5) Person.--The term ``person'' means any individual, 
        group of individuals, firm, partnership, corporation, joint 
        stock company, association, society, cooperative, or other 
        legal entity.
            (6) Promoflor council.--The term ``PromoFlor Council'' 
        means the Fresh Cut Flowers and Fresh Cut Greens Promotion 
        Council established under section 305(b).
            (7) Promotion.--The term ``promotion'' means any action 
        determined by the Secretary to advance the image, desirability, 
        or marketability of cut flowers or cut greens, including paid 
        advertising.
            (8) Research.--The term ``research'' means market research 
        and studies limited to the support of advertising, market 
        development, and other promotion efforts and consumer 
        information efforts relating to cut flowers or cut greens, 
        including educational activities.
            (9) Retailer.--The term ``retailer'' means a person (such 
        as a retail florist, supermarket, mass market retail outlet, or 
        other end-use seller as described in an order issued under this 
        title) that sells cut flowers or cut greens to consumers. The 
        term shall include any distribution center--
                    (A) owned or controlled by such person, or owned or 
                controlled cooperatively by a group of such persons, if 
                the predominant retail business activity of such person 
                is not floral sales; or
                    (B) independently owned but operated primarily to 
                provide food products to retail stores.
        An independently owned distribution center covered by 
        subparagraph (B) that is also an importer or producer of cut 
        flowers or cut greens shall be subject to the rules of 
        construction set out in paragraph (4)(A)(iv) and, for such 
        purposes only, shall be deemed to be the seller of cut flowers 
        or cut greens directly to the consumer.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (11) United states; state.--The terms ``United States'' and 
        ``State'' include the fifty States of the United States, the 
        District of Columbia, and all the territories and possessions 
        of the United States.

SEC. 304. ISSUANCE OF ORDERS.

    (a) In General.--To effectuate the declared policy of section 
302(b), the Secretary shall issue an order under this title applicable 
to qualified handlers of cut flowers and cut greens. Any such order 
shall be national in scope. Not more than one order shall be in effect 
under this title at any one time.
    (b) Procedures.--
            (1) Proposal for an order.--The Secretary may propose the 
        issuance of an order under this title. In addition, an industry 
        group that represents a substantial number of the industry 
        members who are to be assessed under the order, or any other 
        person that will be affected by this title, may request the 
        issuance of, and submit a proposal for, such an order.
            (2) Publication of proposal.--The Secretary shall publish 
        the proposed order and give due notice and opportunity for 
        public comment on the proposed order not later than 60 days 
        after the earlier of--
                    (A) the date on which the Secretary receives a 
                proposal for an order from an industry group or 
                interested person, as provided in paragraph (1); or
                    (B) the date on which the Secretary determines to 
                propose an order.
            (3) Issuance of order.--After notice and opportunity for 
        public comment are provided, the Secretary shall issue the 
        order, taking into consideration the comments received and 
        including in the order provisions necessary to ensure that the 
        order is in conformity with the requirements of this title. The 
        order shall be issued and become effective not later than 180 
        days after publication of the proposed order.
    (c) Amendments.--From time to time, the Secretary may amend an 
order issued under this title. The provisions of this title applicable 
to the issuance of an order shall be applicable to amendments to the 
order.

SEC. 305. REQUIRED TERMS IN ORDERS.

    (a) In General.--Each order issued under this title shall contain 
the terms and provisions required by this section, sections 306 and 
307, and any other provision of this title.
    (b) PromoFlor Council--
            (1) Establishment and membership.--
                    (A) Establishment.--The order shall provide for the 
                establishment of a Fresh Cut Flowers and Fresh Cut 
                Greens Promotion Council, consisting of twenty one 
                members, to administer the order.
                    (B) Membership.--The order shall provide that 
                members of the PromoFlor Council shall be participating 
                qualified handlers representing qualified wholesale 
                handlers and producers and importers that are qualified 
                handlers, and a member that represents retailers, 
                appointed by the Secretary from nominations submitted 
                by qualified wholesale handlers, producers and 
                importers that are qualified handlers, and retailers, 
                as provided in paragraphs (2) and (3).
            (2) Distribution of appointments.--
                    (A) In general.--The order shall provide that the 
                membership of the PromoFlor Council shall be made up 
                of--
                            (i) fourteen members representing qualified 
                        wholesale handlers of domestic or imported cut 
                        flowers and cut greens;
                            (ii) three members representing producers 
                        that are qualified handlers of cut flowers and 
                        cut greens;
                            (iii) three members representing importers 
                        that are qualified handlers of cut flowers and 
                        cut greens; and
                            (iv) one member representing cut flowers 
                        and cut greens retailers.
                    (B) Meaning of terms.--For purposes of this 
                subsection:
                            (i) Qualified wholesale handlers.--The term 
                        ``qualified wholesale handler'' means a person 
                        in business as a floral wholesale jobber or 
                        floral supplier and that is subject to 
                        assessments as a qualified handler under the 
                        order. For purposes of this clause, the term 
                        ``floral wholesale jobber'' means a person that 
                        conducts a commission or other wholesale 
                        business in buying and selling cut flowers or 
                        cut greens, and the term ``floral supplier'' 
                        means a person engaged in acquiring cut flowers 
                        or cut greens to be manufactured into floral 
                        articles or otherwise processed for resale.
                            (ii) Producer that is a qualified 
                        handler.--The term ``producer that is a 
                        qualified handler'' means an entity that--
                                    (I) is engaged--
                                            (aa) in the domestic 
                                        production, for sale in 
                                        commerce, of cut flowers or cut 
                                        greens and that owns or shares 
                                        in the ownership and risk of 
                                        loss of the cut flowers or cut 
                                        greens; or
                                            (bb) as a first processor 
                                        of noncultivated cut greens, in 
                                        receiving the cut greens from 
                                        the persons that gather them 
                                        for handling; and
                                    (II) is subject to assessments as a 
                                qualified handler under the order.
                            (iii) Importer that is a qualified 
                        handler.--The term ``importer that is a 
                        qualified handler'' means an entity--
                                    (I) whose principal activity is the 
                                importation of cut flowers or cut 
                                greens into the United States (either 
                                directly or as an agent, broker, or 
                                consignee of any person or nation that 
                                produces or handles cut flowers or cut 
                                greens outside the United States for 
                                sale in the United States); and
                                    (II) that is subject to assessments 
                                as a qualified handler under the order.
                    (C) Distribution of qualified wholesale handler 
                appointments.--The order shall provide that the 
                qualified wholesale handler appointments made by the 
                Secretary to the PromoFlor Council shall take into 
                account the geographical distribution of cut flowers 
                and cut greens markets in the United States.
            (3) Nomination process.--The order shall provide that--
                    (A) two nominees be submitted for each appointment 
                to the PromoFlor Council;
                    (B) nominations for each appointment of a qualified 
                wholesale handler, producer that is a qualified 
                handler, or importer that is a qualified handler to the 
                PromoFlor Council shall be made by qualified wholesale 
                handlers, producers that are qualified handlers, or 
                importers that are qualified handlers, respectively, 
                through an election process under regulations 
                prescribed by the Secretary;
                    (C) nominations for the retailer appointment shall 
                be made by the American Floral Marketing Council, or 
                successor entity; and
                    (D) in any case in which qualified wholesale 
                handlers, producers that are qualified handlers, 
                importers that are qualified handlers, or retailers 
                fail to nominate individuals for an appointment to the 
                PromoFlor Council, the Secretary may appoint a person 
                to fill the vacancy on a basis provided in the order or 
                other regulations of the Secretary.
            (4) Alternates.--The order shall provide for the selection 
        of alternate members of the PromoFlor Council by the Secretary 
        under procedures specified in the order.
            (5) Terms; compensation.--The order shall provide that--
                    (A) each term of appointment to the PromoFlor 
                Council shall be for three years, except that, of the 
                initial appointments, one-third shall be for two-year 
                terms, one-third for three-year terms, and one-third 
                for four-year terms;
                    (B) no member of the PromoFlor Council may serve 
                more than two consecutive terms of three years, except 
                that any member serving on initial term of four years 
                may serve an additional term of three years; and
                    (C) PromoFlor Council members shall serve without 
                compensation, but shall be reimbursed for their 
                expenses incurred in performing their duties as members 
                of the PromoFlor Council.
            (6) Executive committee.--
                    (A) Establishment.--The order shall authorize the 
                PromoFlor Council to appoint from among its members an 
                executive committee of not more than nine members. The 
                membership of the executive committee initially shall 
                be composed of four members representing qualified 
                wholesale handlers, two members representing producers 
                that are qualified handlers, two members representing 
                importers that are qualified handlers, and one member 
                representing retailers; and thereafter appointments to 
                the executive committee shall be made so as to ensure 
                that the committee reflects, to the maximum extent 
                practicable, the membership composition of the 
                PromoFlor Council as a whole. The initial appointments 
                to the executive committee each shall be for a term of 
                two years. Thereafter, appointments to the executive 
                committee each shall be for a term of one year.
                    (B) Authority.--The PromoFlor Council may delegate 
                to the executive committee its authority under the 
                order to hire and manage staff and conduct the routine 
                business of the PromoFlor Council within the policies 
                determined by the PromoFlor Council.
    (c) General Responsibilities of the PromoFlor Council.--The order 
shall define the general responsibilities of the PromoFlor Council, 
which shall include the responsibility--
            (1) to administer the order in accordance with its terms 
        and provisions;
            (2) to make rules and regulations to effectuate the terms 
        and provisions of the order;
            (3) to appoint members of the PromoFlor Council to serve on 
        an executive committee;
            (4) to employ such persons as the PromoFlor Council 
        determines are necessary, and to set the compensation and 
        define the duties of such persons;
            (5) to develop budgets for the implementation of the order 
        and submit such budgets to the Secretary for approval under 
        subsection (d);
            (6) to propose and develop (or receive and evaluate), 
        approve, and submit to the Secretary for approval under 
        subsection (d) plans and projects for cut flowers or cut greens 
        promotion, consumer information, or related research;
            (7) to implement plans and projects for cut flowers or cut 
        greens promotion, consumer information, or related research, as 
        provided in subsection (d), or to contract or enter into 
        agreements with appropriate persons to implement such plans and 
        projects, as provided in subsection (e), and to pay the costs 
        of such implementation, or contracts and agreements, with funds 
        received under the order;
            (8) to evaluate on-going and completed plans and projects 
        for cut flowers or cut greens promotion, consumer information, 
        or related research;
            (9) to receive, investigate, and report to the Secretary 
        complaints of violations of the order;
            (10) to recommend to the Secretary amendments to the order; 
        and
            (11) to furnish the Secretary with such information as the 
        Secretary may require.
    (d) Budgets; Plans and Projects.--
            (1) Submission of budgets.--The order shall require the 
        PromoFlor Council to submit to the Secretary for approval 
        budgets on a fiscal year basis of its anticipated expenses and 
        disbursements in the implementation of the order, including 
        projected costs of cut flowers and cut greens promotion, 
        consumer information, and related research plans and projects.
            (2) Plans or projects.--
                    (A) Promotion and consumer information.--The order 
                shall provide--
                            (i) for the establishment, implementation, 
                        administration, and evaluation of appropriate 
                        plans and projects for advertising, sales 
                        promotion, other promotion, and consumer 
                        information with respect to cut flowers and cut 
                        greens, and for the disbursement of necessary 
                        funds for such purposes;
                            (ii) that any such plan or project shall be 
                        directed toward increasing the general demand 
                        for cut flowers or cut greens and may make no 
                        reference to a private brand or trade name, 
                        point of origin, or source of supply, except 
                        that these limitations shall not preclude the 
                        PromoFlor Council from offering its plans and 
                        projects for use by commercial parties, under 
                        terms and conditions prescribed by the 
                        PromoFlor Council and approved by the 
                        Secretary; and
                            (iii) that no such plan or project may make 
                        use of unfair or deceptive acts or practices 
                        with respect to quality or value.
                    (B) Research.--The order shall provide for the 
                establishment, implementation, administration, and 
                evaluation of plans and projects for market development 
                research, research with respect to the sale, 
                distribution, marketing, or use of cut flowers or cut 
                greens, and other research with respect to cut flowers 
                or cut greens marketing, promotion, or consumer 
                information; for the dissemination of the information 
                gained by such activities; and for the disbursement of 
                necessary funds for such purposes.
                    (C) Submission to secretary.--The order shall 
                provide that the PromoFlor Council shall submit to the 
                Secretary for approval any proposed plan or project for 
                cut flowers or cut greens promotion, consumer 
                information, or related research, as described in 
                subparagraphs (A) and (B).
            (3) Approval by secretary required.--No budget, or plan or 
        project for cut flowers or cut greens promotion, consumer 
        information, or related research, shall be implemented prior to 
        its approval by the Secretary.
            (4) Investment authority.--The order shall provide the 
        PromoFlor Council with the authority to invest, pending 
        disbursement under a plan or project, funds collected through 
        assessments authorized under this title. Income from invested 
        funds shall be used only for a purpose for which the invested 
        funds may be used. The investment of such funds shall be made 
        only in--
                    (A) obligations of the United States or any agency 
                thereof;
                    (B) general obligations of any State or any 
                political subdivision thereof;
                    (C) any interest-bearing account or certificate of 
                deposit of a bank that is a member of the Federal 
                Reserve System; or
                    (D) obligations fully guaranteed as to principal 
                and interest by the United States.
    (e) Contracts and Agreements.--
            (1) Promotion, consumer information, and related research 
        plans and projects.--
                    (A) In general.--To ensure efficient use of funds, 
                the order shall provide that the PromoFlor Council, 
                with the approval of the Secretary, may enter into 
                contracts or agreements for the implementation of any 
                plan or project for promotion, consumer information, or 
                related research with respect to cut flowers or cut 
                greens, and for the payment of the cost thereof with 
                funds received by the PromoFlor Council under the 
                order.
                    (B) Requirements.--The order shall provide that any 
                such contract or agreement shall provide that--
                            (i) the contracting or agreeing party shall 
                        develop and submit to the PromoFlor Council a 
                        plan or project together with a budget or 
                        budgets that shall show estimated costs to be 
                        incurred under the plan or project;
                            (ii) the plan or project shall become 
                        effective on the approval of the Secretary; and
                            (iii) the contracting or agreeing party 
                        shall keep accurate records of all of its 
                        transactions, account for funds received and 
                        expended, make periodic reports to the 
                        PromoFlor Council of activities conducted, and 
                        make such other reports as the PromoFlor 
                        Council or the Secretary may require.
            (2) Other contracts and agreements.--The order shall 
        provide that the PromoFlor Council also may enter into 
        contracts or agreements for administrative services. Any such 
        contract or agreement shall include provisions comparable to 
        those provided in clauses (i), (ii), or (iii) of paragraph 
        (1)(B).
    (f) Books and Records of the PromoFlor Council.--
            (1) In general.--The order shall require the PromoFlor 
        Council to--
                    (A) maintain such books and records (which shall be 
                available to the Secretary for inspection and audit) as 
                the Secretary may prescribe;
                    (B) prepare and submit to the Secretary, from time 
                to time, such reports as the Secretary may prescribe; 
                and
                    (C) account for the receipt and disbursement of all 
                funds entrusted to the PromoFlor Council.
            (2) Audits.--The PromoFlor Council shall cause its books 
        and records to be audited by an independent auditor at the end 
        of each fiscal year. A report of each such audit shall be 
        submitted to the Secretary.
    (g) Control of Administrative Costs.--The order shall provide that 
the PromoFlor Council shall, as soon as practicable after the order 
becomes effective and after consultation with the Department of 
Agriculture and other appropriate persons, implement a system of cost 
controls based on normally accepted business practices that will ensure 
that the PromoFlor Council's annual budgets only include amounts for 
administrative expenses that cover the minimum administrative 
activities and personnel needed to properly administer and enforce the 
order and conduct, supervise, and evaluate plans and projects under the 
order.
    (h) Prohibition.--The order shall prohibit the use of any funds 
received by the PromoFlor Council in any manner for the purpose of 
influencing legislation or government action or policy, except that 
such funds may be used by the PromoFlor Council for the development and 
recommendation to the Secretary of amendments to the order.
    (i) Books and Records; Reports.--
            (1) In general.--The order shall provide that each 
        qualified handler shall maintain, and make available for 
        inspection, such books and records as may be required by the 
        order and file reports at the time, in the manner, and having 
        the content prescribed by the order, to the end that 
        information is made available to the Secretary and the 
        PromoFlor Council as is appropriate for the administration or 
        enforcement of this title, the order, or any regulation issued 
        under this title.
            (2) Confidentiality required.--
                    (A) In general.--Information obtained from books, 
                records, or reports under the authority provided in 
                paragraph (1), or from reports required under section 
                307(c), shall be kept confidential by all officers and 
                employees of the Department of Agriculture and by the 
                staff and agents of the PromoFlor Council, and only 
                such information so obtained as the Secretary considers 
                relevant may be disclosed to the public by them and 
                then only in a suit or administrative hearing brought 
                at the request of the Secretary, or to which the 
                Secretary or any officer of the United States is a 
                party, and involving the order.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) may be construed to prohibit--
                            (i) the issuance of general statements, 
                        based on the reports, of the number of persons 
                        subject to the order or statistical data 
                        collected therefrom, which statements do not 
                        identify the information furnished by any 
                        person; or
                            (ii) the publication, by direction of the 
                        Secretary, of the name of any person violating 
                        the order, together with a statement of the 
                        particular provisions of the order violated by 
                        the person.
            (3) Lists of importers.--The order shall require the staff 
        of the PromoFlor Council to periodically review lists of 
        importers of cut flowers and cut greens to determine whether 
        persons included in the lists are subject to the order. At the 
        request of the PromoFlor Council, the United States Customs 
        Service shall provide to the PromoFlor Council lists of 
        importers of cut flowers and cut greens.
    (j) Consultations With Industry Experts.--The order shall provide 
that the PromoFlor Council, from time to time, may seek advice from and 
consult with experts from the production, import, wholesale, and retail 
segments of the cut flowers and cut greens industry to assist in the 
development of promotion, consumer information, and related research 
plans and projects. For such purpose, the order also shall authorize 
the appointment of special committees composed of persons other than 
PromoFlor Council members. A committee appointed pursuant to the 
authority provided in this subsection may not provide advice or 
recommendations to an agency or officer of the Federal Government, but 
shall consult directly with the PromoFlor Council.

SEC. 306. ASSESSMENTS.

    (a) Authority to Impose Assessment.--
            (1) In general.--An order issued under this title shall 
        provide that each qualified handler shall pay to the PromoFlor 
        Council, in the manner prescribed by the order, an assessment 
        on each sale of cut flowers or cut greens (other than a sale 
        described in subsection (h)) to a retailer or an exempt 
        handler. This assessment requirement shall also apply to each 
        transaction described in paragraph (4).
            (2) Determination of qualified handler or exempt handler 
        status.--The order shall contain provisions regarding the 
        making of determinations to determine status as a qualified 
        handler or exempt handler that include the rules and 
        requirements set out in sections 303(4) and 307.
            (3) Published lists of handlers.--To facilitate the payment 
        of assessments under this section, the PromoFlor Council shall 
        publish lists of qualified handlers required to pay assessments 
        under the order and exempt handlers.
            (4) Covered transactions.--
                    (A) In general.--The order shall provide that each 
                non-sale transfer of cut flowers or cut greens to a 
                retailer from a qualified handler that is a 
                distribution center, as described in section 
                303(4)(A)(ii)(III), and each direct sale of cut flowers 
                or cut greens to a consumer by a qualified handler that 
                is an importer or producer, as described in section 
                303(4)(A)(iv), shall be treated as a sale of cut 
                flowers or cut greens to a retailer subject to 
                assessments under this subsection.
                    (B) Determination of sale amount for distribution 
                centers.--In the case of a non-sale transfer of cut 
                flowers or cut greens from a distribution center, the 
                amount of the sale shall be considered to be--
                            (i) the price paid by the distribution 
                        center to acquire the cut flowers or cut 
                        greens; plus
                            (ii) an amount determined by multiplying 
                        acquisition price determined under clause (i) 
                        by a uniform percentage established by the 
                        order to represent a wholesale handler's mark-
                        up on a sale to a retailer.
                    (C) Determination of sale amount for direct sales 
                by importers.--In the case a direct sale by an importer 
                to a consumer, the amount of the sale shall be 
                considered to be--
                            (i) the price paid by the importer to 
                        acquire the cut flowers or cut greens; plus
                            (ii) an amount determined by multiplying 
                        the acquisition price determined under clause 
                        (i) by a uniform percentage established by the 
                        order to represent a wholesale handler's mark-
                        up on a sale to a retailer.
                    (D) Determination of sale amount for direct sales 
                by producers.--In the case a direct sale by a producer 
                to a consumer, the amount of the sale shall be 
                considered to be an amount determined by applying to 
                the price paid by the consumer a uniform percentage 
                established by the order to represent the cost of 
                producing the article and a wholesale handler's mark-up 
                on a sale to a retailer.
                    (E) Adjustment of uniform percentage.--The 
                PromoFlor Council may recommend to the Secretary 
                changes to the uniform percentage established by the 
                order under this paragraph. The Secretary may make a 
                change in the uniform percentage based on such a 
                recommendation only after providing an opportunity for 
                notice and comment regarding the proposed change.
    (b) Assessment Rates.--The order shall comply with the following 
assessment requirements:
            (1) Initial assessment rate.--The rate of assessment on 
        each sale or transfer of cut flowers or cut greens, for the 
        first three years the order is in effect, shall be one-half of 
        one percent of--
                    (A) the gross sales price of product sold; or
                    (B) in the case of transactions described in 
                subsection (a)(4), the amount of the transaction 
                calculated as provided in such subsection.
            (2) Changes in assessment rate.--
                    (A) Authorized amount of change.--Subject to 
                subparagraph (B), after the first three years the order 
                is in effect, the uniform assessment rate may be 
                increased or decreased annually by not more than .25 
                percent of--
                            (i) the gross sales price of product sold; 
                        or
                            (ii) in the case of transactions described 
                        in subsection (a)(4), the amount of the 
                        transaction calculated as provided in such 
                        subsection.
                    (B) Limitation.--The assessment rate may not exceed 
                one percent of gross sales price or transaction amount.
                    (C) Method of changing assessment amount.--Any 
                change in the rate of assessment may be made only if 
                adopted by the PromoFlor Council by a two-thirds 
                majority vote and approved by the Secretary, after 
                providing an opportunity for notice and comment 
                regarding the proposed change, as necessary to achieve 
                the objectives of this title. The change in the rate of 
                assessment shall be announced by the PromoFlor Council 
                at least 30 days prior to going into effect. A change 
                in the rate of assessment shall not be subject to a 
                vote in a referendum under section 308.
    (c) Submission of Assessments.--The order shall provide that each 
person required to pay assessments under this section shall remit, to 
the PromoFlor Council, the assessment due from each sale by that person 
of cut flowers or cut greens that is subject to an assessment within 
such time period after the sale (not to exceed 60 days from the end of 
the month in which the sale took place) as specified in the order.
    (d) Refunds From Escrow Account.--
            (1) Establishment of escrow account.--The order shall 
        provide that the PromoFlor Council shall--
                    (A) establish an escrow account to be used for 
                assessment refunds as needed; and
                    (B) place into the escrow account an amount equal 
                to 10 percent of the total amount of assessments 
                collected during the period beginning on the date the 
                order goes into effect, as provided in section 
                304(b)(3), and ending on the date the initial 
                referendum on the order provided for in section 308(a) 
                is completed.
            (2) Right to receive refund.--
                    (A) In general.--The order shall provide that, 
                subject to paragraph (3) and the conditions specified 
                in subparagraph (B), any qualified handler shall have 
                the right to demand and receive from the PromoFlor 
                Council out of the escrow account a one-time refund of 
                any assessments paid by or on behalf of the qualified 
                handler during the time period specified in paragraph 
                (1)(B), if--
                            (i) the qualified handler is required to 
                        pay such assessments;
                            (ii) the qualified handler does not support 
                        the program established under this title;
                            (iii) the qualified handler demands a 
                        refund prior to the conduct of the referendum 
                        on the order under section 308(a); and
                            (iv) the order is not approved by qualified 
                        handlers in the referendum.
                    (B) Conditions.--The right of any qualified handler 
                to receive refunds under subparagraph (A) shall be 
                subject to the following conditions:
                            (i) The demand shall be made in accordance 
                        with regulations, on a form, and within a time 
                        period prescribed by the PromoFlor Council.
                            (ii) The refund shall be made only on 
                        submission of proof satisfactory to the 
                        PromoFlor Council that the qualified handler 
                        paid the assessment for which refund is 
                        demanded.
                            (iii) If the amount in the escrow account 
                        required under paragraph (1) is not sufficient 
                        to refund the total amount of assessments 
                        demanded by all qualified handlers determined 
                        eligible for refunds and the order is not 
                        approved in the referendum on the order under 
                        section 308(a), the PromoFlor Council shall 
                        prorate the amount of all such refunds among 
                        all eligible qualified handlers that demand a 
                        refund.
            (3) Program approved.--The order shall provide that, if the 
        order is approved in the referendum under section 308(a), there 
        shall be no refunds made and all funds in the escrow account 
        shall be returned to the PromoFlor Council for use by the 
        PromoFlor Council in accordance with the other provisions of 
        the order.
    (e) Use of assessment funds.--The order shall provide that 
assessment funds (net of any refunds paid out under the terms of the 
order contained in subsection (d)) shall be used for payment of costs 
incurred in implementing and administering the order, with provision 
for a reasonable reserve, and to cover those administrative costs 
incurred by the Secretary in implementing and administering this title, 
except for the salaries of Government employees incurred in conducting 
referenda.
    (f) Postponement of collections.--
            (1) Authority.--Notwithstanding any other provision of this 
        title, the PromoFlor Council may grant a postponement of the 
        payment of assessments under this section for any qualified 
        handler that establishes that it is financially unable to make 
        the payment. The granting of such a postponement shall be 
        considered under application and documentation requirements and 
        review procedures established under rules recommended by the 
        PromoFlor Council, approved by the Secretary, and issued after 
        providing public notice and an opportunity to comment on the 
        proposed rules.
            (2) Criteria and responsibility for determinations.--To 
        establish that it is financially unable to pay assessments, an 
        applicant for a postponement shall demonstrate that it is 
        insolvent and will be unable to continue to operate if it is 
        required to pay assessments. As part of making such a 
        demonstration, the applicant shall submit an opinion of an 
        independent certified public accountant and any other 
        documentation required under the rules prescribed under 
        paragraph (1). All books, records, and other documentation 
        submitted by a qualified handler under this paragraph shall be 
        subject to the confidentiality requirements of section 505(i).
            (3) Period of postponement.--The time period of any 
        postponement and the terms and conditions of payment of 
        assessments that are postponed under this subsection shall be 
        established by the PromoFlor Council, in accordance with the 
        rules prescribed under paragraph (1), so as to appropriately 
        reflect the proven needs of the qualified handler. 
        Postponements may be extended under the requirements and 
        procedures established pursuant to paragraph (1) for the grant 
        of initial postponements.
    (g) Other Terms of Order.--The order shall contain such other terms 
and provisions, not inconsistent with this title, as are necessary to 
effectuate this title, including provision for the assessment of 
interest and a charge for each late payment of assessments under this 
section.
    (h) Exclusion from Assessments.--The order shall exclude from 
assessments under the order any sale of cut flowers or cut greens for 
export from the United States.

SEC. 307. REQUIRED DETERMINATIONS.

    (a) Determination of Annual Sales.--
            (1) In general.--For purposes of applying the $750,000 
        annual sales limitation to specific persons in order to 
        determine status as a qualified handler or an exempt handler 
        under section 303(4), or to specific facilities in order to 
        determine status as an eligible separate facility under section 
        308(b)(2), any order issued under this title shall provide that 
        a determination of a person's or facility's annual sales volume 
        shall be based on the sales of cut flowers and cut greens by 
        the person or facility during the most recently-completed 
        calendar year.
            (2) Special rule for new businesses.--With respect to new 
        businesses and other operations for which complete data on 
        sales during all or part of the most recently-completed 
        calendar year are not available to the PromoFlor Council, the 
        determination under paragraph (1) may be made using an 
        alternative time period or other alternative procedures 
        specified in the order.
    (b) Rule of Attribution.--
            (1) In general.--For purposes of determining the annual 
        sales volume of a person or a separate facility of a person, 
        sales attributable to a person shall include--
                    (A) in those cases in which the person is an 
                individual, sales attributable to such person's spouse, 
                children, grandchildren, parents, and grandparents;
                    (B) in those cases in which the person is a 
                partnership or member of a partnership, sales 
                attributable to the partnership and other partners of 
                the partnership;
                    (C) for both individuals and partnerships, sales 
                attributable to any corporation or other entity in 
                which the person owns more than 50 percent of the stock 
                or (if the entity is not a corporation) that the person 
                controls; and
                    (D) in those cases in which the person is a 
                corporation, sales attributable to any corporate 
                subsidiary or other corporation or entity in which the 
                corporation owns more than 50 percent of the stock or 
                (if the entity is not a corporation) that the 
                corporation controls.
            (2) Treatment of certain stock and ownership interests.--
        For purposes of this subsection, stock or an ownership interest 
        in an entity that is owned by the spouse, children, 
        grandchildren, parents, grandparents, or partners of an 
        individual, or by a partnership in which a person is a partner, 
        or by a corporation more than 50 percent of the stock of which 
        is owned by a person, shall be treated as owned by the 
        individual or person.
    (c) Reports.--For purposes of this section, the order may require 
each person that sells cut flowers or cut greens to retailers to submit 
reports to the PromoFlor Council on annual sales by the person. A 
report under this subsection shall be subject to the confidentiality 
requirements provided in section 305(i)(2).

SEC. 308. REFERENDA.

    (a) Requirement for Initial Referendum.--
            (1) Conduct.--Not later than 36 months after the issuance 
        of an order under section 304(b)(3), the Secretary shall 
        conduct a referendum among qualified handlers required to pay 
        assessments under the order, as provided in section 306, 
        subject to the rules on voting provided in subsection (b), to 
        ascertain whether or not the order then in effect shall be 
        continued.
            (2) Approval of order needed.--The order shall be continued 
        only if the Secretary determines that the order has been 
        approved by a simple majority of all votes cast in the 
        referendum. If the order is not approved, the Secretary shall 
        terminate the order as provided in subsection (d).
    (b) Votes Permitted.--
            (1) In general.--Each qualified handler eligible to vote in 
        a referendum under this section shall be entitled to cast one 
        vote for each separate facility of the person that is an 
        eligible separate facility, as defined in paragraph (2).
            (2) Eligible separate facility.--
                    (A) Separate facility.--A handling or marketing 
                facility of a qualified handler shall be considered a 
                separate facility if it is physically located away from 
                other facilities of the qualified handler or its 
                business function is substantially different than the 
                functions of other facilities owned or operated by the 
                qualified handler.
                    (B) Eligibility.--A separate facility of a 
                qualified handler shall be considered to be an eligible 
                separate facility if the annual sales of cut flowers 
                and cut greens to retailers and exempt handlers from 
                the facility are $750,000 or more.
                    (C) Annual sales determined.--For purposes of 
                determining the amount of annual sales of cut flowers 
                and cut greens under subparagraph (B) of this 
                paragraph, the rules set out in subparagraphs (A) and 
                (C) of section 303(4) shall be applicable.
    (c) Suspension or Termination Referenda.--Effective beginning three 
years after an order issued under this title is approved in a 
referendum conducted under subsection (a), the Secretary--
            (1) at the Secretary's discretion, may conduct at any time 
        a referendum of qualified handlers required to pay assessments 
        under the order, as provided in section 306, subject to the 
        rules on voting provided in subsection (b), to ascertain 
        whether or not qualified handlers favor suspension or 
        termination of the order; and
            (2) whenever requested by the PromoFlor Council or by a 
        representative group comprising thirty percent or more of all 
        qualified handlers required to pay assessments under the order, 
        as provided in section 306, shall conduct a referendum of all 
        qualified handlers required to pay assessments under the order, 
        as provided in section 306, subject to the rules on voting 
        provided in subsection (b), to ascertain whether or not 
        qualified handlers favor suspension or termination of the 
        order.
    (d) Suspension or Termination.--If, as a result of the referendum 
conducted under subsection (a)(2), the Secretary determines that the 
order has not been approved by a simple majority of all votes cast in 
the referendum, or as a result of a referendum conducted under 
subsection (c), the Secretary determines that suspension or termination 
of the order is favored by a simple majority of all votes cast in the 
referendum, the Secretary shall--
            (1) within six months after the referendum, suspend or 
        terminate, as appropriate, collection of assessments under the 
        order; and
            (2) suspend or terminate, as appropriate, activities under 
        the order in an orderly manner as soon as practicable.
    (e) Manner of Conducting Referenda.--Referenda under this section 
shall be conducted in such manner as is determined appropriate by the 
Secretary.

SEC. 309. PETITION AND REVIEW.

    (a) Petition and Hearing.--
            (1) Petition.--A person subject to an order issued under 
        this title may file with the Secretary a petition--
                    (A) stating that the order, any provision of the 
                order, or any obligation imposed in connection with the 
                order is not in accordance with law; and
                    (B) requesting a modification of the order or an 
                exemption from the order.
            (2) Hearing.--The petitioner shall be given the opportunity 
        for a hearing on a petition filed under paragraph (1), in 
        accordance with regulations issued by the Secretary. Any such 
        hearing shall be conducted in accordance with section 311(b)(2) 
        and be held within the United States judicial district in which 
        the person's residence or principal place of business is 
        located.
            (3) Ruling.--After a hearing under paragraph (2), the 
        Secretary shall make a ruling on the petition, which shall be 
        final if in accordance with law.
    (b) Review.--
            (1) Commencement of action.--The district courts of the 
        United States in any district in which a person that is a 
        petitioner under subsection (a) resides or carries on business 
        are hereby vested with jurisdiction to review the Secretary's 
        ruling on the person's petition, if a complaint for that 
        purpose is filed within 20 days after the date of the entry of 
        the ruling by the Secretary.
            (2) Process.--Service of process in proceedings under this 
        subsection shall be conducted in accordance with the Federal 
        Rules of Civil Procedure.
            (3) Remand.--If the court in a proceeding under this 
        subsection determines that the Secretary's ruling on the 
        person's petition is not in accordance with law, the court 
        shall remand the matter to the Secretary with directions 
        either--
                    (A) to make such ruling as the court shall 
                determine to be in accordance with law; or
                    (B) to take such further action as, in the opinion 
                of the court, the law requires.
    (c) Enforcement Under Section 310.--The pendency of proceedings 
instituted under this section shall not impede, hinder, or delay the 
Attorney General or the Secretary from obtaining relief under section 
310.

SEC. 310. ENFORCEMENT.

    (a) Jurisdiction.--The several district courts of the United States 
are vested with jurisdiction specifically to enforce, and to prevent 
and restrain any person from violating, this title or an order or 
regulation made or issued by the Secretary under this title.
    (b) Referral to Attorney General.--A civil action brought under 
subsection (a) shall be referred to the Attorney General for 
appropriate action, except that the Secretary is not required to refer 
to the Attorney General a violation of this title, or an order or 
regulation issued under this title, if the Secretary believes that the 
administration and enforcement of this title would be adequately served 
by administrative action under subsection (c) or suitable written 
notice or warning to the person who committed or is committing the 
violation.
    (c) Civil Penalties and Orders.--
            (1) Civil penalties.--A person that violates a provision of 
        this title, or an order or regulation issued by the Secretary 
        under this title, or who fails or refuses to pay, collect, or 
        remit any assessment or fee duly required of the person under 
        an order or regulation issued under this title, may be assessed 
        by the Secretary--
                    (A) a civil penalty of not less than $500 nor more 
                than $5,000 for each such violation; and
                    (B) in the case of a willful failure to remit an 
                assessment as required by an order or regulation, an 
                additional penalty equal to the amount of the 
                assessment.
            (2) Treatment as separate offenses.--Each violation 
        described in paragraph (1) shall be treated as a separate 
        offense.
            (3) Cease and desist orders.--In addition to or in lieu of 
        a civil penalty under paragraph (1), the Secretary may issue an 
        order requiring a person to cease and desist from continuing a 
        violation of this title or an order or regulation issued under 
        this title.
            (4) Notice and hearing.--No penalty shall be assessed or 
        cease and desist order issued by the Secretary under this 
        subsection unless the Secretary gives the person against whom 
        the penalty is assessed or the order is issued notice and 
        opportunity for a hearing before the Secretary with respect to 
        the violation. The hearing shall be conducted in accordance 
        with section 311(b)(2) and be held within the United States 
        judicial district in which the person's residence or principal 
        place of business is located.
            (5) Finality.--The penalty assessed or cease and desist 
        order issued under this subsection shall be final and 
        conclusive unless the person against whom the penalty is 
        assessed or the order is issued files an appeal with the 
        appropriate district court of the United States in accordance 
        with subsection (d).
    (d) Review by District Court.--
            (1) Commencement of action.--Any person against whom a 
        violation is found and a civil penalty assessed or cease and 
        desist order issued under subsection (c) may obtain review of 
        the penalty or order by--
                    (A) filing, within the 30-day period beginning on 
                the date the penalty is assessed or order issued, a 
                notice of appeal in the district court of the United 
                States for the district in which the person resides or 
                carries on business, or in the United States district 
                court for the District of Columbia; and
                    (B) simultaneously sending a copy of the notice by 
                certified mail to the Secretary.
            (2) Filing of record.--Upon the filing of a notice of 
        appeal under paragraph (1), the Secretary shall promptly file 
        in the district court in which the notice of appeal is filed a 
        certified copy of the record on which the Secretary found that 
        the person had committed a violation.
            (3) Standard of review.--A finding of the Secretary shall 
        be set aside under this subsection only if the finding is found 
        to be unsupported by substantial evidence.
    (e) Failure To Obey an Order.--A person that fails to obey a cease 
and desist order issued under subsection (c) after the order has become 
final and unappealable, or after the appropriate United States district 
court has entered a final judgment in favor of the Secretary, shall be 
subject to a civil penalty assessed by the Secretary of not more than 
$5,000 for each offense, after opportunity for a hearing and for 
judicial review under the procedures specified in subsections (c) and 
(d). Each day during which the failure continues shall be considered as 
a separate violation of the order.
    (f) Failure To Pay a Penalty.--If a person fails to pay a civil 
penalty assessed under subsection (c) or (e) after the penalty has 
become final and unappealable, or after the appropriate United States 
district court has entered final judgment in favor of the Secretary, 
the Secretary shall refer the matter to the Attorney General for 
recovery of the amount assessed in any United States district court in 
which the person resides or carries on business. In such action, the 
validity and appropriateness of the civil penalty shall not be subject 
to review.
    (g) Additional Remedies.--The remedies provided in this title shall 
be in addition to, and not exclusive of, other remedies that may be 
available.

SEC. 311. INVESTIGATIONS AND POWER TO SUBPOENA.

    (a) Investigations.--The Secretary may make such investigations as 
the Secretary considers necessary for the effective administration of 
this title, or to determine whether any person has engaged or is 
engaging in any act that constitutes a violation of this title, or any 
order or regulation issued under this title.
    (b) Subpoenas, Oaths, and Affirmations.--
            (1) In general.--For the purpose of an investigation under 
        subsection (a), the Secretary may administer oaths and 
        affirmations, and issue subpoenas to require the production of 
        any records that are relevant to the inquiry. The production of 
        any such records may be required from any place in the United 
        States.
            (2) Administrative hearings.--For the purpose of an 
        administrative hearing held under section 309(a)(2) or 
        310(c)(3), the presiding officer may administer oaths and 
        affirmations, subpoena witnesses, compel their attendance, take 
        evidence, and require the production of any records that are 
        relevant to the inquiry. The attendance of witnesses and the 
        production of any such records may be required from any place 
        in the United States.
    (c) Aid of Courts.--
            (1) In general.--In the case of contumacy by, or refusal to 
        obey a subpoena issued to, any person, the Secretary may invoke 
        the aid of any court of the United States within the 
        jurisdiction of which the investigation or proceeding is 
        carried on, or where the person resides or carries on business, 
        in order to enforce a subpoena issued under subsection (b). The 
        court may issue an order requiring the person to comply with 
        such a subpoena. Any failure to obey the order of the court may 
        be punished by the court as a contempt thereof.
            (2) Process.--Process in any proceeding under this 
        subsection may be served in the United States judicial district 
        in which the person being proceeded against resides or carries 
        on business or wherever the person may be found.

SEC. 312. CONFIDENTIALITY.

    (a) Prohibition.--No information on how a person voted in a 
referendum conducted under this title shall be made public.
    (b) Penalty.--Any person knowingly violating subsection (a) or the 
confidentiality terms of an order, as described in section 305(i)(2), 
on conviction shall be subject to a fine of not less than $1,000 nor 
more than $10,000 or to imprisonment for not more than one year, or 
both, and, if an officer or employee of the Department of Agriculture 
or the PromoFlor Council, shall be removed from office.
    (c) Additional Prohibition.--No information obtained under this 
title may be made available to any agency or officer of the Federal 
Government for any purpose other than the implementation of this title 
and any investigatory or enforcement actions necessary for the 
implementation of this title.
    (d) Withholding Information From Congress Prohibited.--Nothing in 
this title shall be construed to authorize the withholding of 
information from Congress.

SEC. 313. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE ORDER.

    Whenever the Secretary finds that an order issued under this title, 
or any provision of the order, obstructs or does not tend to effectuate 
the declared policy of this title, the Secretary shall terminate or 
suspend the operation of the order or provision under such terms as the 
Secretary determines appropriate.

SEC. 314. CONSTRUCTION.

    (a) Termination or Suspension Not an Order.--The termination or 
suspension of an order, or any provision thereof, shall not be 
considered an order under the meaning of this title.
    (b) Producer Rights.--Nothing in this title may be construed to 
provide for control of production or otherwise limit the right of 
individual cut flowers and cut greens producers to produce cut flowers 
and cut greens. This title seeks to treat all persons producing cut 
flowers and cut greens fairly and to implement any order established 
hereunder equitably in every respect.
    (c) Other Programs.--Nothing in this title may be construed to 
preempt or supersede any other program relating to cut flowers or cut 
greens promotion and consumer information organized and operated under 
the laws of the United States or any State.

SEC. 315. REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry 
out this title and the powers vested in the Secretary by this title, 
including regulations relating to the assessment of late payment 
charges and interest.

SEC. 316. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each 
fiscal year such sums as may be necessary to carry out this title.
    (b) Administrative Expenses.--Funds appropriated under subsection 
(a) may not be used for payment of the expenses or expenditures of the 
PromoFlor Council in administering any provision of an order issued 
under this title.

SEC. 317. SEPARABILITY.

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

      TITLE IV--LIME RESEARCH, PROMOTION, AND CONSUMER INFORMATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Lime Research, Promotion, and 
Consumer Information Improvement Act''.

SEC. 402. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Lime Research, Promotion, and Consumer Information 
        Act of 1990 was enacted on November 28, 1990, for the purpose 
        of establishing an orderly procedure for the development and 
        financing of an effective and coordinated program of research, 
        promotion, and consumer information to strengthen the domestic 
        and foreign markets for limes.
            (2) The lime research, promotion, and consumer information 
        order required by such Act became effective on January 27, 
        1992.
            (3) Although the intent of such Act was to cover seedless 
        limes, the definition of the term ``lime'' in section 1953(6) 
        of such Act applies to seeded limes. Therefore, the Act and the 
        order need to be revised before a research, promotion, and 
        consumer information program on seedless limes can go into 
        effect.
            (4) Since the enactment of the Lime Research, Promotion, 
        and Consumer Information Act of 1990, the United States 
        production of fresh market limes has plummeted and the volume 
        of imports has risen dramatically. The drop in United States 
        production is primarily due to damage to lime orchards in the 
        State of Florida by Hurricane Andrew in August 1992. United 
        States production is not expected to reach pre-Hurricane Andrew 
        levels for possibly two to three years because a majority of 
        the United States production of limes is in Florida.
    (b) Purposes.--The purpose of this Act is--
            (1) to revise the definition of the term ``lime'' in order 
        to cover seedless and not seeded limes;
            (2) to increase the exemption level;
            (3) to delay the initial referendum date; and
            (4) to alter the composition of the Lime Board.

SEC. 403. DEFINITION OF LIME.

    Section 1953(6) of the Lime Research, Promotion, and Consumer 
Information Act of 1990 (7 U.S.C. 6202(6)) is amended by striking 
``citrus aurantifolia'' and inserting ``citrus latifolia''.

SEC. 404. REQUIRED TERMS IN ORDERS.

    (a) Composition of Lime Board.--Subsection (b) of section 1955 of 
the Lime Research, Promotion, and Consumer Information Act of 1990 (7 
U.S.C. 6204) is amended--
            (1) in paragraph (1)(A), by striking ``7'' and inserting 
        ``3'';
            (2) in paragraph (2)(B), by striking ``7'' and inserting 
        ``3'';
            (3) in paragraph (2)(F), by adding at the end the following 
        new sentence: ``The Secretary shall terminate the initial Board 
        established under this subsection as soon as practicable after 
        the date of the enactment of the Lime Research, Promotion, and 
        Consumer Information Improvement Act.''; and
            (4) by inserting after paragraph (2)(F) the following new 
        paragraph:
                    ``(G) Board allocation.--The producer and importer 
                representation on the Board shall be allocated on the 
                basis of 2 producer members and 1 importer member from 
                the district east of the Mississippi River and 1 
                producer member and 2 importer members from the 
                district west of the Mississippi River.''.
    (b) Terms of Members.--Subsection (b)(4) of such section is 
amended--
            (1) by striking ``The Secretary'' and all that follows 
        through ``shall--'' and inserting ``The initial members of the 
        Board appointed under the amended order shall serve a term of 
        30 months. Subsequent appointments to the Board shall be for a 
        term of 3 years, except that--'';
            (2) in subparagraph (A), by striking ``3'' and inserting 
        ``2'';
            (3) in subparagraph (B), by striking ``4'' and inserting 
        ``2''; and
            (4) in subparagraph (C), by striking ``4'' and inserting 
        ``3''.
    (c) De Minimis Exception.--Subsection (d)(5) of such section is 
amended by striking ``35,000'' each place it appears and inserting 
``200,000''.

SEC. 405. INITIAL REFERENDUM.

    Section 1960(a) of the Lime Research, Promotion, and Consumer 
Information Act of 1990 (7 U.S.C. 6209(a)) is amended by striking ``Not 
later than 2 years after the date on which the Secretary first issues 
an order under section 1954(a),'' and inserting ``Not later than 30 
months after the date on which the collection of assessments begins 
under the order pursuant to section 1955(d),''.

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