103D CONGRESS
1ST SESSION
H. R. 3515
AN ACT
To amend the Egg Research and Consumer Infor-
mation Act, the Watermelon Research and Pro-
motion 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 pro-
gram for the benefit of the floricultural industry,
and for other purposes.
103D CONGRESS
1ST SESSION
H. R. 3515
AN ACT
To amend the Egg Research and Consumer Information
Act, the Watermelon Research and Promotion Act, and
the Lime Research, Promotion, and Consumer Informa-
tion 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 informa-
tion program for the benefit of the floricultural industry,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 OR-
DERS.—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 sen-
tences 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 equiva-
lent thereof.
‘‘(B) The Secretary may amend the order to increase
the rate of assessment (subject to the limitation in sub-
paragraph (A)) only if the increase is recommended by the
Egg Board and approved by egg producers in a referen-
dum 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 de-
creasing 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 sub-
section (c);
(3) by inserting after subsection (a) (as so des-
ignated) 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 para-
graph (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 ap-
prove 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 major-
ity of the producers voting in such referendum if such ma-
jority produced not less than two-thirds of all the commer-
cial 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 re-
quest 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 prac-
ticable, 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 au-
thority 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 pro-
ducers. 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 sub-
section (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 im-
plement the amendment made by subsection (a) to the
Egg Research and Consumer Information Act, the Sec-
retary 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 Pro-
motion 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 sub-
section:
‘‘(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 sec-
tion 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 PRO-
DUCERS 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 pro-
ducer 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 wa-
termelons handled by a producer from the producer’s own
production and purchases from other producers’ produc-
tion is more than 50 percent of the producer’s own produc-
tion, the producer shall be eligible to serve on the Board
only as a representative of handlers and not as a rep-
resentative of producers.’’.
SEC. 205. CLARIFICATION OF COLLECTION OF ASSESS-
MENTS BY THE BOARD.
Section 1647 of the Watermelon Research and Pro-
motion Act (7 U.S.C. 4906) is amended—
(1) in subsection (f), by striking ‘‘collection of
the assessments by the Board.’’ and inserting ‘‘pay-
ment 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 fol-
lowing new sentences: ‘‘In fixing or changing the rate of
assessment pursuant to the plan, the Secretary shall com-
ply 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 RE-
FUND.
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
(2) by adding at the end the following new
paragraphs:
‘‘(2) If approved in the referendum required by sec-
tion 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 Sec-
retary 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 exemp-
tion under this paragraph may be made only upon the rec-
ommendation of the Board and after the Secretary pro-
vides an opportunity for notice and comment on the pro-
posed 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 follow-
ing 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 han-
dlers’’ and inserting ‘‘, handlers, and importers’’;
(2) by striking the second sentence; and
(3) in the last sentence, by inserting ‘‘or im-
ported 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 han-
dlers’’ and inserting ‘‘, handlers, and importers’’;
and
(2) in the last sentence, by striking ‘‘or han-
dlers’’ 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 ‘‘pro-
ducer 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 pre-
scribed by the Secretary. Importer representation on the
Board shall be proportionate to the percentage of assess-
ments 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 representa-
tives 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 in-
serting ‘‘(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 as-
sessment shall also be made on watermelons im-
ported 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 sub-
ject 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 im-
porter 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 im-
ported 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 water-
melons imported into the United States that are included
under the terms of the plan, as well as those that are ex-
empt under such plan, and containing such other informa-
tion as may be prescribed by the Board. No more than
one assessment shall be made on any imported water-
melons.’’;
(2) in subsection (b), by inserting ‘‘and import-
ers’’ after ‘‘Handlers’’; and
(3) in subsection (c)(1), by inserting ‘‘or im-
porters’’ 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 han-
dler 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 im-
porters’’; and
(B) by striking ‘‘or handling’’ and insert-
ing ‘‘, 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 com-
bined total’’; and
(B) by striking ‘‘and handlers’’ both places
it appears and inserting ‘‘, handlers, and im-
porters’’;
(2) in the second sentence—
(A) by striking ‘‘or handle’’ and inserting
‘‘, handle, or import’’;
(B) by striking ‘‘50 per centum’’ and in-
serting ‘‘50 percent of the combined total’’; and
(C) by striking ‘‘or handled by the han-
dlers’’ 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 insert-
ing ‘‘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 amend-
ed 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 insert-
ing ‘‘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 insert-
ing ‘‘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 insert-
ing ‘‘(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 Pro-
motion Act (7 U.S.C. 4914) is amended—
(1) by striking ‘‘The provisions’’ and inserting
‘‘(a) Except as provided in section 1647(f), the pro-
visions’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(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 subject-
ing 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 referen-
dum 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 INFORMA-
TION
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 en-
joyed by millions of persons every year for a mul-
titude of special purposes (especially important per-
sonal 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 me-
dium-sized businesses, and such production, han-
dling, and marketing constitute a key segment of the
United States horticultural industry and thus a sig-
nificant 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 be-
tween source of product and retailer, otherwise fa-
cilitate the entry of cut flowers and cut greens into
the current of domestic commerce, and add effi-
ciencies to the market process that ensure the avail-
ability of a much greater variety of product to retail-
ers and consumers.
(4) It is widely recognized that it is in the pub-
lic interest and important to the agricultural econ-
omy of the United States to provide an adequate,
steady supply of cut flowers and cut greens at rea-
sonable prices to consumers in the United States.
(5) Cut flowers and cut greens move in inter-
state and foreign commerce, and cut flowers and cut
greens that do not move in such channels of com-
merce, but only in intrastate commerce, directly af-
fect 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 via-
bility of the domestic cut flowers and cut greens in-
dustry for the benefit of producers, handlers, retail-
ers, and the entire floral industry.
(7) 
Generic 
programs 
of 
promotion 
and
consumer information can be effective in maintain-
ing 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 produc-
ers 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 pro-
motion and consumer information necessary for the
maintenance of existing markets and the develop-
ment of new markets for cut flowers and cut greens
have been prevented.
(9) There exist established State and commod-
ity-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 de-
velopment efforts for domestic producers.
(10) An effective and coordinated method for
ensuring cooperative and collective action in provid-
ing for and financing a nationwide program of ge-
neric promotion and consumer information is needed
to ensure that the cut flowers and cut greens indus-
try 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 mar-
ket.
(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 establish-
ment pursuant to this title of an orderly procedure for
the development and financing (through an adequate as-
sessment 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 pro-
motion, consumer information, and related research de-
signed 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 pro-
gram 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 deter-
mine, 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 determina-
tion, 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 trans-
action 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 co-
operative) operating in the cut flowers or
cut greens industry that sells domestic or
imported cut flowers or cut greens to re-
tailers and exempt handlers and whose an-
nual sales of cut flowers and cut greens to
retailers 
and 
exempt 
handlers 
are
$750,000 or more.
(ii) INCLUSIONS.—The term ‘‘quali-
fied 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 activ-
ity 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 sub-
paragraph (C)(ii).
(iii) EXCLUSIONS.—The term ‘‘quali-
fied handler’’ does not include a person
who merely physically transports or deliv-
ers 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 ex-
empt 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 ex-
empt 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 re-
tailer or exempt handler in an amount cal-
culated as provided in clause (iii) or (iv) of
subparagraph (C).
(B) EXEMPT
HANDLER.—The term ‘‘ex-
empt handler’’ means a person that would oth-
erwise be considered to be a qualified handler,
except that its annual sales of cut flowers and
cut greens to retailers and other exempt han-
dlers are less than $750,000.
(C) ANNUAL SALES DETERMINED.—
(i) IN GENERAL.—For purposes of de-
termining the amount of annual sales of
cut flowers and cut greens under subpara-
graphs (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 trans-
fer of cut flowers or cut greens from a dis-
tribution center, as described in subpara-