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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3515 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 3515

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

                                Received

                           November 23, 1993

Read twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 AN ACT

 
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. Fresh Cut Flowers and Fresh Cut Greens Promotion Council 
                            (PromoFlor Council).
Sec. 306. Assessments.
Sec. 307. Miscellaneous requirements of order.
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 striking ``The plan'' in the first sentence and 
        inserting ``(1) Except as provided in paragraph (2), the 
        plan''; and
            (3) 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 that 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 to reflect significant changes in the average yield per acre 
of watermelons in the United States for the 5-year period immediately 
preceding the year in which the adjustment is made. An adjustment in 
the weight exemption under this paragraph may be made only upon the 
recommendation of the Board and after the Secretary provides an 
opportunity for notice and comment on the proposed adjustment.''.

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 of 
the assessments to the Board, as the Board may direct. The assessment 
on imported watermelons 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 specifying 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 containing 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 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;
                    (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 striking ``The provisions'' and inserting ``(a) 
        Except as provided in section 1647(f), 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 position of the cut flowers 
and cut greens industry 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 regarding--
                    (A) appropriate uses of cut flowers or cut greens 
                under varied circumstances; and
                    (B) 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, produced either under cover or in field 
                operations. The term ``cut greens'' does not include 
                Christmas trees, and 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. Based on such a determination, 
                the article containing the cut flowers or cut greens 
                shall not be treated as an article of cut flowers or 
                cut greens for purposes of--
                            (i) determining the annual sales of cut 
                        flowers and cut greens of a handler under 
                        paragraph (4)(C); or
                            (ii) imposing an assessment under section 
                        306.
            (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 by a handler.
            (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 industry 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 the following:
                                    (I) Bouquet manufacturers.
                                    (II) Auction houses that clear 
                                sales of cut flowers and cut greens to 
                                retailers and exempt handlers through a 
                                central clearinghouse.
                                    (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 an importer or 
                        producer described in this clause shall be 
                        treated as a sale to a retailer or exempt 
                        handler in an amount calculated as provided in 
                        clause (iii) or (iv) 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 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.
                            (iii) Special rule for direct sales by 
                        importers.--In the case of 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 ``producers that are qualified 
                handlers'' in section 305(a)(2)(D)(ii), and the term 
                ``importer'' has the meaning given the term ``importers 
                that are qualified handlers'' in section 
                305(a)(2)(D)(iii).
            (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(a).
            (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 the 
                proposal for the order from an industry group or 
                interested person, as provided in paragraph (1); or
                    (B) the date on which the Secretary determines to 
                propose the 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. FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION COUNCIL 
              (PROMOFLOR COUNCIL).

    (a) Establishment of PromoFlor Council.--
            (1) Establishment.--The order issued under this title shall 
        provide for the establishment of a Fresh Cut Flowers and Fresh 
        Cut Greens Promotion Council to administer the order. The 
        Secretary shall appoint the members of the PromoFlor Council in 
        the manner provided in paragraphs (2) and (3).
            (2) Appointment of members.--
                    (A) Distribution of appointments.--The order shall 
                provide that the membership of the PromoFlor Council 
                shall consist of 23 members as follows:
                            (i) Fourteen members selected from among 
                        qualified wholesale handlers of domestic or 
                        imported cut flowers and cut greens.
                            (ii) Three members selected from among 
                        producers that are qualified handlers of cut 
                        flowers and cut greens.
                            (iii) Three members selected from among 
                        importers that are qualified handlers of cut 
                        flowers and cut greens.
                            (iv) One member selected from among 
                        retailers of cut flowers and cut greens.
                            (v) Two members selected from among 
                        producers of cut flowers and cut greens that 
                        are not qualified handlers or exempt handlers.
                    (B) Appointment from nominees.--The Secretary shall 
                appoint the producer members of the PromoFlor Council 
                required by subparagraph (A)(v) from nominees submitted 
                by producers of cut flowers and cut greens described in 
                such paragraph. With respect to the other appointments 
                to the PromoFlor Council required by subparagraph (A), 
                two nominees shall be submitted for each appointment 
                pursuant to the nomination process provided for in 
                paragraph (3). If nominees are not submitted for an 
                appointment, the Secretary may make the appointment on 
                a basis to be provided in the order or other 
                regulations of the Secretary.
                    (C) Geographical considerations.--In making 
                appointments of qualified wholesale handlers to the 
                PromoFlor Council under subparagraph (A)(i), the 
                Secretary shall take into account the geographical 
                distribution of cut flowers and cut greens markets in 
                the United States. In making appointments of producers 
                of cut flowers and cut greens to the PromoFlor Council 
                under subparagraph (A)(v), the Secretary shall ensure 
                that one member is selected from among producers 
                located east of the Mississippi River and one member is 
                selected from among producers located west of the 
                Mississippi River.
                    (D) Definitions.--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) Producers that are qualified 
                        handlers.--The term ``producers that are 
                        qualified handlers'' means those persons that 
                        are subject to assessments as a qualified 
                        handler under the order and are engaged--
                                    (I) in the domestic production, for 
                                sale in commerce, of cut flowers or cut 
                                greens if the persons own or share in 
                                the ownership and risk of loss of the 
                                cut flowers or cut greens; or
                                    (II) as a first processor of 
                                noncultivated cut greens, in receiving 
                                the cut greens from the persons that 
                                gather them for handling.
                            (iii) Importers that are qualified 
                        handlers.--The term ``importers that are 
                        qualified handlers'' means those persons--
                                    (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 are subject to 
                                assessments as a qualified handler 
                                under the order.
            (3) Nomination process.--
                    (A) Qualified handlers.--Nominations for the 
                appointment to the PromoFlor Council of qualified 
                wholesale handlers, producers that are qualified 
                handlers, or importers that are qualified handlers 
                shall be made by qualified wholesale handlers, 
                producers that are qualified handlers, or importers 
                that are qualified handlers, whichever applies, through 
                an election process under regulations prescribed by the 
                Secretary;
                    (B) Retailers.--Nominations for the retailer 
                appointment under paragraph (2)(A)(iv) shall be made by 
                the American Floral Marketing Council, or successor 
                entity.
            (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.--The order shall provide that each member of the 
        PromoFlor Council shall serve a term of three years. However, 
        of the initial appointments, seven members shall be appointed 
        for a term of two years, eight members shall be appointed for a 
        term of three years, and eight members shall be appointed for a 
        term of four years, as designated by the Secretary at the time 
        of appointment. No member of the PromoFlor Council may serve 
        more than two consecutive terms of three years, except that any 
        member serving an initial term of four years may serve an 
        additional term of three years.
            (6) Compensation.--Members of the PromoFlor Council shall 
        serve without compensation, but shall be reimbursed for their 
        expenses incurred in performing their duties as members of the 
        PromoFlor Council.
            (7) 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 appointed pursuant to 
                clause (i) of subparagraph (2)(A), two members 
                appointed pursuant to clause (ii) of such subparagraph, 
                two members appointed pursuant to clause (iii) of such 
                subparagraph, and one member appointed pursuant to 
                clause (iv) of such subparagraph. 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 shall be for a 
                term of two years. Thereafter, appointments to the 
                executive committee shall be for a term of one year.
                    (B) Delegation of 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.
    (b) Responsibilities of the PromoFlor Council.--
            (1) In general.--The order shall define the 
        responsibilities of the PromoFlor Council, which shall include 
        the general responsibilities described in this subsection.
            (2) Administration.--The PromoFlor Council shall administer 
        the order in accordance with its terms and provisions and may 
        prescribe such rules and regulations to effectuate the terms 
        and provisions of the order as the PromoFlor Council considers 
        appropriate.
            (3) Staff.--The PromoFlor Council may employ such persons 
        as the PromoFlor Council determines are necessary and set the 
        compensation and define the duties of such persons.
            (4) Miscellaneous.--The PromoFlor Council may receive 
        complaints regarding violations of the order and shall 
        investigate and report to the Secretary regarding such 
        complaints. The PromoFlor Council may recommend to the 
        Secretary amendments to the order. The PromoFlor Council shall 
        furnish the Secretary with such information as the Secretary 
        may require.
    (c) Budgets.--
            (1) Submission of budgets.--The order shall require the 
        PromoFlor Council to prepare and submit to the Secretary on a 
        fiscal year basis a budget of the anticipated expenses and 
        disbursements of the Board to implement the order. The budget 
        shall include projected costs of cut flowers and cut greens 
        promotion, consumer information, and related research plans and 
        projects.
            (2) Approval by secretary required.--The PromoFlor Council 
        may not implement a budget submitted under paragraph (1) before 
        the budget is approved by the Secretary.
            (3) 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.
            (4) Control of administrative costs.--The order shall 
        provide that, as soon as practicable after the date the order 
        becomes effective and after consultation with the Secretary and 
        other appropriate persons, the PromoFlor Council shall 
        implement a system of cost controls based on normally accepted 
        business practices to 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.
    (d) Plans and Projects.--
            (1) Promotion and consumer information.--The order shall 
        provide for the establishment, implementation, administration, 
        and evaluation by the PromoFlor Council of appropriate plans 
        and projects for advertising, sales promotion, other promotion, 
        and consumer information with respect to cut flowers and cut 
        greens. A plan or project under this paragraph shall be 
        directed toward increasing the general demand for cut flowers 
        or cut greens.
            (2) Research.--The order shall provide for the 
        establishment, implementation, administration, and evaluation 
        by the PromoFlor Council 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. The PromoFlor 
        Council shall provide for the dissemination of information 
        resulting from research plans and projects under this 
        paragraph.
            (3) Disbursement of funds.--The order shall also provide 
        authority for the disbursement by the PromoFlor Council of 
        necessary funds to carry out the plans and projects under this 
        subsection.
            (4) 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 
        under this subsection.
            (5) Approval by secretary required.--The PromoFlor Council 
        may not implement a plan or project for cut flowers or cut 
        greens promotion, consumer information, or related research 
        before the plan or project is approved by the Secretary.
            (6) Limitations.--A plan or project under this subsection 
        may not make a 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. A plan or project may not make 
        use of unfair or deceptive acts or practices with respect to 
        quality or value.
    (e) Contracts and Agreements.--
            (1) Promotion, consumer information, and related research 
        plans and projects.--To ensure the efficient use of funds, the 
        order shall provide that, subject to the approval of the 
        Secretary, the PromoFlor Council may--
                    (A) enter into contracts or agreements for the 
                implementation of any plan or project under subsection 
                (d) for promotion, consumer information, or related 
                research with respect to cut flowers or cut greens; and
                    (B) pay costs related to the plan or project with 
                funds received by the PromoFlor Council under the 
                order.
            (2) Requirements of contracts and agreements.--The order 
        shall provide that any contract or agreement under paragraph 
        (1) shall provide that--
                    (A) 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;
                    (B) the plan or project shall become effective only 
                upon the approval of the Secretary; and
                    (C) 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.
            (3) 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 paragraph (2).
    (f) Books and Records of the PromoFlor Council.--
            (1) In general.--The order shall require the PromoFlor 
        Council to maintain such books and records (which shall be 
        available to the Secretary for inspection and audit) as the 
        Secretary may prescribe. The PromoFlor Council shall also 
        prepare and submit to the Secretary such reports as the 
        Secretary may require and 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.
            (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.
    (g) Prohibition on Lobbying.--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 funds may be used by the PromoFlor Council for the 
development and recommendation to the Secretary of amendments to the 
order.
    (h) Consultations With Industry Experts.--The order shall provide 
that the PromoFlor Council 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 (g)) 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 section 303(4) and subsections (a) and 
        (b) of section 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) Certain 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 of 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 of 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 and used to determine the amount of annual sales 
                of handlers under section 303(4) and sale amounts 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 as 
                necessary to achieve the objectives of this title. The 
                Secretary may make the change only after providing an 
                opportunity for notice and comment regarding the 
                proposed change, and 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 when they are otherwise due. As 
        part of making such a demonstration, the applicant shall submit 
        an opinion of an independent certified pubic accountant and any 
        other documentation required under 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 307(d).
            (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 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) 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. MISCELLANEOUS REQUIREMENTS OF ORDER.

    (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.
            (3) 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 
        subsection (d).
    (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) Books, Records, and Reports.--So that information is available 
to the Secretary and the PromoFlor Council for the administration and 
enforcement of this title, the order, or any regulation issued under 
this title, the order shall provide that each qualified handler shall--
            (1) maintain, and make available for inspection, such books 
        and records as may be required by the order; and
            (2) 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.
    (d) Confidentiality Required.--
            (1) In general.--Information obtained by the PromoFlor 
        Council from books, records, or reports required to be 
        maintained under this section shall be kept confidential by all 
        officers and employees of the Department of Agriculture and by 
        the staff and agents of the PromoFlor Council. Such information 
        may be disclosed to the public only in a suit or administrative 
        hearing involving the order that is brought at the request of 
        the Secretary (or to which the Secretary or any officer of the 
        United States is a party), and then, only to the extent the 
        Secretary considers relevant.
            (2) Rule of construction.--Nothing in paragraph (1) 
        prohibits--
                    (A) 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
                    (B) 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.
    (e) 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.

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 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 may cast one vote for each 
        separate facility of the person that is an eligible separate 
        facility, as determined under 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.--Subparagraphs (A) and 
                (C) of section 303(4) shall apply for purposes of 
                determining the amount of annual sales of cut flowers 
                and cut greens under subparagraph (B).
    (c) Suspension or Termination Referenda.--Effective beginning three 
years after the date on which 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 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 30 percent or more of all 
        qualified handlers required to pay assessments under the order, 
        shall conduct a referendum of all qualified handlers required 
        to pay such assessments 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), 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.--The Secretary shall refer to the 
Attorney General for appropriate action all cases of a violation of 
this title or an order or regulation made or issued by the Secretary 
under this title, except that the Secretary is not required to refer to 
the Attorney General such a violation 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) Investigations.--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)(4), 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 307(d), 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 authorizes 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 (7 U.S.C. 6201 et seq.) 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 (7 U.S.C. 6202(6)) 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 such Act, 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 limes produced in the United States are produced in 
        Florida.
    (b) Purposes.--The purpose of this Act is to amend the Lime 
Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 
6201 et seq.)--
            (1) to cover seedless rather than 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''; and
            (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.''.
    (b) Allocation of Members.--Subsection (b)(2) of such section is 
amended--
            (1) in subparagraph (B) (as amended by subsection (a)(2)), 
        by adding at the end the following new sentence: ``Of these 
        producer members, 2 members shall be appointed from the 
        district east of the Mississippi River and 1 member shall be 
        appointed from the district west of the Mississippi River.''; 
        and
            (2) in subparagraph (C), by adding at the end the following 
        new sentence: ``Of these importer members, 1 member shall be 
        appointed from the district east of the Mississippi River and 2 
        members shall be appointed from the district west of the 
        Mississippi River.''.
    (c) Terms of Members.--Subsection (b)(4) of such section is 
amended--
            (1) by striking ``Members of'' and all that follows through 
        ``appointed--'' 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''.
    (d) 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),''.

            Passed the House of Representatives November 20, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

                      By Dallas L. Dendy, Jr.,

                                                Assistant to the Clerk.

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