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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1738 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1738

  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 others, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 1993

 Mr. Lewis of Florida (for himself, Mr. Stenholm, Mr. de la Garza, Mr. 
    Payne of New Jersey, Mr. Hastert, Mr. Houghton, Mr. English of 
  Oklahoma, Ms. Danner, Mr. Kopetski, Mr. Cunningham, Mr. Peterson of 
  Minnesota, Mr. Canady, Mr. Allard, and Mr. Boehner) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
  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 others, 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 ``Fresh Cut Flowers and Fresh Cut 
Greens Promotion and Information Act of 1993''.

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds that--
            (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 Nation's overall agricultural economy;
            (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 Nation's agricultural economy to 
        provide an adequate, steady supply of cut flowers and cut 
        greens at reasonable prices to the consumers of the Nation;
            (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 these articles;
            (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 Act 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; and
            (11) the most efficient method of financing such a 
        nationwide program 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 Act, to authorize the establishment, through the exercise of the 
powers provided in this Act, of an orderly procedure for the 
development and financing (through an adequate assessment on cut 
flowers and cut greens sold by handlers to retailers and related 
entities in the United States) of an effective and coordinated program 
of generic promotion, consumer information,; and related research 
designed to strengthen the cut flowers and cut greens industry's 
position in the marketplace and to maintain, develop, and expand 
markets for cut flowers and cut greens.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Consumer information.--The term ``consumer 
        information'' means any action or program to provide 
        information to consumers and other persons on appropriate uses 
        under varied circumstances, and on the care and handling, of 
        cut flowers or cut greens.
            (2) Cut flowers and cut greens.--
                    (A) In general.--The term ``cut flowers'' includes 
                all flowers cut from growing plants and used as fresh-
                cut flowers, produced either under cover or in field 
                operations; and the term ``cut greens'' includes all 
                cultivated or noncultivated decorative foliage cut from 
                growing plants and used as fresh-cut decorative foliage 
                (except Christmas trees) produced either under cover or 
                in field operations. Neither term includes foliage 
                plants, floral supplies, or flowering plants.
                    (B) Substantial portion.--In any case in which a 
                handler packages cut flowers or cut greens with hard 
                goods in an article, such as a gift basket or similar 
                presentation, for sale to retailers, the PromoFlor 
                Council may determine, under procedures set out in the 
                order, that the cut flowers or cut greens in the 
                article do not constitute a substantial portion of the 
                value of the article and that, based on such 
                determination, such article shall not be treated as an 
                article of cut flowers or cut greens subject to 
                assessment under such order.
            (3) Gross sales price.--The term ``gross sales price'' 
        means the total amount of the transaction in a sale of cut 
        flowers or cut greens from a handler to a retailer.
            (4) Handler definitions.--
                    (A) Qualified handler.--
                            (i) In general.--The term ``qualified 
                        handler'' means a person (including a 
                        cooperative) operating in the cut flowers or 
                        cut greens marketing system that sells domestic 
                        or imported cut flowers or cut greens to 
                        retailers and exempt handlers and whose annual 
                        sales of cut flowers and cut greens to 
                        retailers and exempt handlers are $750,000 or 
                        more.
                            (ii) Inclusions and exclusions.--The term 
                        ``qualified handler'' includes--
                                    (I) bouquet manufacturers (subject 
                                to the ``substantial portion'' rule 
                                under paragraph (2)(B));
                                    (II) auction houses that clear 
                                sales of cut flowers and cut greens to 
                                retailers and exempt handlers through a 
                                central clearinghouse; and
                                    (III) any distribution center that 
                                is owned or controlled by a retailer 
                                (aa) if the predominant retail business 
                                activity of the retailer is floral 
                                sales or (bb) when a majority of the 
                                cut flowers and cut greens sales or 
                                transfers from such center are to 
                                entities other than entities owned or 
                                controlled by the retailer. 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).
                        The term ``qualified handler'' does not include 
                        a person who merely physically transports or 
                        delivers cut flowers or cut greens.
                            (iii) Rules of construction.--The term 
                        ``qualified handler'' shall be deemed to 
                        include an importer or producer that sells cut 
                        flowers or cut greens that it has imported into 
                        the United States or produced, respectively, 
                        directly to consumers and whose sales of such 
                        articles (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; and each direct 
                        sale to consumers by any such qualified handler 
                        shall be treated as a sale to a retailer or 
                        exempt handler in an amount calculated as 
                        provided in subparagraph (C). For purposes of 
                        this paragraph, the term ``producer'' has the 
                        same meaning as that provided for the term by 
                        section 5(b)(2)(B)(ii)(I) of this Act, and the 
                        term ``importer'' has the same meaning as that 
                        provided for the term by section 
                        5(b)(2)(B)(iii)(I) of this Act.
                    (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.--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, as that term is defined in 
                paragraph (3), of product sold, except that with 
                respect to non-sale transfers of cut flowers or cut 
                greens from a distribution center, as described in 
                subparagraph (A)(ii)(III), and direct sales to 
                consumers, as described in subparagraph (A)(iii), the 
                amount of the sale shall be the price paid by the 
                distribution center, or importer, respectively, to 
                acquire the cut flowers or cut greens plus an amount 
                determined by multiplying such acquisition price by a 
                uniform percentage established by the PromoFlor Council 
                to represent a wholesale handler's mark-up on a sale to 
                a retailer (or in the case of direct sales to consumers 
                by producers, an amount determined by applying to the 
                price paid by the consumer a uniform percentage 
                established by the PromoFlor Council to represent the 
                cost of producing the article and a wholesale handler's 
                mark-up on a sale to a retailer).
            (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) Promolfolor council.--The term ``PromoFlor Council'' 
        means the Fresh Cut Flowers and Fresh Cut Greens Promotion 
        Council established under section 5(b).
            (7) Promotion.--The term ``promotion'' means any action 
        determined by the Secretary to advance the image, desirability, 
        or marketability of cut flowers or cut greens, including paid 
        advertising.
            (8) Research.--The term ``research'' means market research 
        and studies limited to the support of advertising, market 
        development, and other promotion efforts and consumer 
        information efforts relating to cut flowers or cut greens, 
        including educational activities.
            (9) Retailer.--The term ``retailer'' means a person, such 
        as a retail florist, supermarket, mass market retail outlet, or 
        other end-use seller, as described in an order issued under 
        this Act, that sells cut flowers or cut greens to consumers, 
        and shall include any distribution center owned or controlled 
        by such person only if--
                    (A) the predominant retail business activity of the 
                retailer is not floral sales, and
                    (B) the majority of the cut flowers and cut greens 
                sales or transfers from such center are to entities 
                owned or controlled by such person.
            (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. 4. ISSUANCE OF ORDERS.

    (a) In General.--To effectuate the declared policy of section 2(b), 
the Secretary, subject to the procedures provided in subsection (b), 
shall issue orders under this Act 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 Act at any one 
time.
    (b) Procedures.--
            (1) Proposal for an order.--The Secretary may propose the 
        issuance of an order under this Act, or 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 effected by this Act, may request the issuance of, and 
        submit a proposal for, such an order.
            (2) Publication of proposal.--Not later than sixty days 
        after the earlier of--
                    (A) the receipt by the Secretary of a proposal for 
                an order from an industry group or interested person, 
                as provided in paragraph (1) of this subsection, or
                    (B) the determination of the Secretary to propose 
                an order, the Secretary shall publish the proposed 
                order and give due notice and opportunity for public 
                comment on the proposed order.
            (3) Issuance of order.--After notice and opportunity for 
        public comment are given, as provided in paragraph (2), 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 Act. Such order shall be issued and become 
        effective not later than one hundred fifty days following 
        publication of the proposed order.
    (c) Amendments.--The Secretary, from time to time, may amend any 
order issued under this Act. The provisions of this Act applicable to 
an order shall be applicable to amendments to the order.

SEC. 5. REQUIRED TERMS IN ORDERS.

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

SEC. 6. EXCLUSION; DETERMINATIONS.

    (a) Exclusion.--Any order issued under this Act shall exclude from 
assessments under the order any sale of cut flowers or cut greens for 
export from the United States.
    (b) Making Determinations.--
            (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 3(4), or to specific facilities in order to 
        determine status as an eligible separate facility under section 
        7(b)(2), any order issued under this Act shall provide that--
                    (A) 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 such person or facility 
                during the most recently-completed calendar year, 
                except as provided in subparagraph (B); and
                    (B) 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 may be made using an alternative time 
                period or other alternative procedures specified in the 
                order.
            (2) Rule of attribution.--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 per centum 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 per centum of the stock 
                or (if the entity is not a corporation) that the 
                corporation controls.
        For purposes of this paragraph, 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 per centum of the stock of 
        which is owned by a person, shall be treated as owned by the 
        individual or person.
            (3) Reports.--For purposes of this subsection, 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 such person. Such reports shall be subject to the 
        confidentiality requirements provided in section 5(j)(2).

SEC. 7. REFERENDA.

    (a) Requirement for Initial Referendum.--
            (1) Conduct.--Not later than thirty-six months after the 
        issuance of an order under section 4(b)(3), the Secretary shall 
        conduct a referendum among qualified handlers required to pay 
        assessments under the order, as provided in section 5(h)(1), 
        subject to the rules on voting provided in subsection (b), to 
        ascertain whether or not the order then in effect shall be 
        continued.
            (2) Approval of order needed.--The order shall be continued 
        only if the Secretary determines that the order has been 
        approved by a simple majority of all votes cast in the 
        referendum. If the order is not approved, the Secretary shall 
        terminate the order as provided in subsection (d).
    (b) Votes Permitted.--
            (1) In general.--Each qualified handler eligible to vote in 
        a referendum under this section shall be entitled to cast one 
        vote for each separate facility of the person that is an 
        eligible separate facility, as defined in paragraph (2).
            (2) Eligible separate facility.--
                    (A) Separate facility.--A handling or marketing 
                facility of a qualified handler shall be considered a 
                separate facility if it is physically located away from 
                other facilities of the qualified handler or its 
                business function is substantially different than the 
                functions of other facilities owned or operated by the 
                qualified handler.
                    (B) Eligibility.--A separate facility of a 
                qualified handler shall be considered an eligible 
                separate facility if the annual sales of cut flowers 
                and cut greens to retailers and exempt handlers from 
                such facility are $750,000 or more.
                    (C) Annual sales determined.--For purposes of 
                determining the amount of annual sales of cut flowers 
                and cut greens under subparagraph (B) of this 
                paragraph, the rules set out in subparagraphs (A) and 
                (C) of section 3(4) shall be applicable.
    (c) Suspension or Termination Referenda.--Effective beginning three 
years after an order issued under this Act is approved in a referendum 
conducted under subsection (a), the Secretary--
            (1) at the Secretary's discretion, may conduct at any time 
        a referendum of qualified handlers required to pay assessments 
        under the order, as provided in section 5(h)(1), subject to the 
        rules on voting provided in subsection (b), to ascertain 
        whether or not qualified handlers favor suspension or 
        termination of the order; and
            (2) whenever requested by the PromoFlor Council or by a 
        representative group comprising thirty percent or more of all 
        qualified handlers required to pay assessments under the order, 
        as provided in section 5(h)(1), shall conduct a referendum of 
        all qualified handlers required to pay assessments under the 
        order, as provided section 5(h)(1), subject to the rules on 
        voting provided in subsection (b), to ascertain whether or not 
        qualified handlers favor suspension or termination of the 
        order.
    (d) Suspension or Termination.--If, as a result of the referendum 
conducted under subsection (a)(2), the Secretary determines that the 
order has not been approved by a simple majority of all votes cast in 
the referendum, or as a result of a referendum conducted under 
subsection (c), the Secretary determines that suspension or termination 
of the order is favored by a simple majority of all votes cast in the 
referendum, the Secretary shall--
            (1) within six months after the referendum, suspend or 
        terminate, as appropriate, collection of assessments under the 
        order; and
            (2) suspend or terminate, as appropriate, activities under 
        the order in an orderly manner as soon as practicable.
    (e) Manner of Conducting Referenda.--Referenda under this section 
shall be conducted in such manner as is determined appropriate by the 
Secretary.

SEC. 8. PETITION AND REVIEW.

    (a) Petition and Hearing.--
            (1) Petition.--A person subject to an order issued under 
        this Act 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 10(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 such person's petition, if a complaint for that 
        purpose is filed within twenty days after the date of the entry 
        of such 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 9.--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 
9.

SEC. 9. 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 Act or an order or 
regulation made or issued by the Secretary under this Act.
    (b) Referral To Attorney General.--A civil action brought under 
subsection (a) shall be referred to the Attorney General for 
appropriate action, except that the Secretary is not required to refer 
to the Attorney General a violation of this Act, or an order or 
regulation issued under this Act, if the Secretary believes that the 
administration and enforcement of this Act 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 Act, or an order or regulation issued by the Secretary 
        under this Act, 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 Act, 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 such 
                assessment.
        Each violation shall be a separate offense.
            (2) 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 
        any such violation of this Act, order, or regulation.
            (3) 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 
        such violation. Any such hearing shall be conducted in 
        accordance with section 10(b)(2) and be held within the United 
        States judicial district in which the person's residence or 
        principal place of business is located.
            (4) 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 thirty-day period beginning 
                on the date such penalty is assessed or order issued, a 
                notice of appeal in the district court of the United 
                States for the district in which such 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.
        The Secretary promptly shall file in such court a certified 
        copy of the record on which the Secretary found that the person 
        had committed a violation.
            (2) 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 such failure continues shall be considered 
as a separate violation of such 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 Act shall 
be in addition to, and not exclusive of, other remedies that may be 
available.

SEC. 10. INVESTIGATIONS AND POWER TO SUBPOENA.

    (a) Investigations.--The Secretary may make such investigations as 
the Secretary considers necessary for the effective administration of 
this Act, or to determine whether any person has engaged or is engaging 
in any act that constitutes a violation of this Act, or any order or 
regulation issued under this Act.
    (b) Subpoenas, Oaths, and Affirmations.--
            (1) In general.--For the purpose of an investigation under 
        subsection (a), the Secretary may administer oaths and 
        affirmations, and issue subpoenas to require the production of 
        any records that are relevant to the inquiry. The production of 
        any such records may be required from any place in the United 
        States.
            (2) Administrative hearings.--For the purpose of an 
        administrative hearing held under section 8(a)(2) or 9(c)(3), 
        the presiding officer may administer oaths and affirmations, 
        subpoena witnesses, compel their attendance, take evidence, and 
        require the production of any records that are relevant to the 
        inquiry. Such 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 such investigation or proceeding is 
        carried on, or where such person resides or carries on 
        business, in order to enforce a subpoena issued under 
        subsection (b). The court may issue an order requiring such 
        person to comply with such a subpoena. Any failure to obey such 
        order of the court may be punished by such 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 such person may be found.

SEC. 11. CONFIDENTIALITY.

    (a) Prohibition.--No information on how a person voted in a 
referendum conducted under this Act shall be made public.
    (b) Penalty.--Any person knowingly violating subsection (a) or the 
confidentiality terms of an order, as described in section 5(j)(2), on 
conviction shall be subject to a fine of not less than $1,000 nor more 
than $10,000 or to imprisonment for not more than one year, or both, 
and, if an officer or employee of the Department of Agriculture or the 
PromoFlor Council, shall be removed from office.
    (c) Additional Prohibition.--No information obtained under this Act 
may be made available to any agency or officer of the Federal 
Government for any purpose other than the implementation of this Act 
and any investigatory or enforcement actions necessary for the 
implementation of this Act.
    (d) Withholding Information From Congress Prohibited.--Nothing in 
this Act shall be construed to authorize the withholding of information 
from Congress.

SEC. 12. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE ORDER.

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

SEC. 13. 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 Act.
    (b) Producer Rights.--Nothing in this Act 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 Act 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 Act 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. 14. REGULATIONS.

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

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each 
fiscal year such sums as are necessary to carry out this Act.
    (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 Act.

SEC. 16. SEPARABILITY.

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

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