Union Calendar No. 219
103D CONGRESS
1ST SESSION
H. R. 3515
[Report No. 103–394]
A BILL
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.
NOVEMBER 20, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union and
ordered to be printed
‘‘(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 handlers’’
and inserting ‘‘, handlers, or importers’’.
(d) MEMBERSHIP OF BOARD.—Section 1647(c) of such
Act (7 U.S.C. 4906(c)), as amended by section 204, is fur-
ther amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(2) in the second sentence, by striking ‘‘producer
and handler members’’ and inserting ‘‘other mem-
bers’’; and
(3) by adding at the end the following new para-
graph:
‘‘(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 representatives of im-
porters. Every 5 years, the Secretary shall evaluate the av-
erage annual percentage of assessments paid by importers
during the most recent 3-year period and adjust, to the ex-
tent 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 para-
graph:
‘‘(5) If importers are subject to the plan, an as-
sessment shall also be made on watermelons imported
into the United States by such importers. The rate of
assessment for importers (if subject to the plan) shall
be equal to the combined rate for producers and han-
dlers.’’.
(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 ap-
pears and inserting ‘‘, handler, or importer’’.
(g) ASSESSMENT PROCEDURES.—Section 1649 of such
Act (7 U.S.C. 4908) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) If importers are subject to the plan, each importer
required to pay assessments under the plan shall be respon-
sible for payment of the assessments to the Board, as the
Board may direct. The assessment on imported watermelons
shall be paid by the importer to the Board at the time of
the entry of the watermelons into the United States. Each
such importer shall maintain a separate record specifying
the total quantity of watermelons imported into the United
States that are included under the terms of the plan, as
well as those that are exempt under such plan, and contain-
ing such other information as may be prescribed by the
Board. No more than one assessment shall be made on any
imported watermelons.’’;
(2) in subsection (b), by inserting ‘‘and import-
ers’’ after ‘‘Handlers’’; and
(3) in subsection (c)(1), by inserting ‘‘or import-
ers’’ after ‘‘handlers’’.
(h) INVESTIGATIONS.—Section 1652(a) of such Act (7
U.S.C. 4911(a)) is amended—
(1) in the first sentence, by striking ‘‘a handler
or any other person’’ and inserting ‘‘a person’’;
(2) in the fourth sentence, by inserting ‘‘(or an
importer if subject to the plan)’’ after ‘‘a handler’’;
and
(3) in the last sentence, by striking ‘‘the handler
or other person’’ and inserting ‘‘the person’’.
(A) by striking ‘‘or handle’’ and inserting ‘‘,
handle, or import’’;
(B) by striking ‘‘50 per centum’’ and insert-
ing ‘‘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 inserting ‘‘handling,
and importing’’;
(2) in the first sentence of section 1642(b) (7
U.S.C. 4901(b))—
(A) by inserting ‘‘, or imported into the
United States,’’ after ‘‘harvested in the United
States’’; and
(B) by striking ‘‘produced in the United
States’’;
(3) in section 1643 (7 U.S.C. 4902), as amended
by subsection (a) and section 203—
(A) by striking ‘‘subtitle—’’ and inserting
‘‘subtitle:’’;
(B) in paragraphs (1), (2), (3), (4), and
(5), by striking ‘‘the term’’ and inserting ‘‘The
term’’;
(C) in paragraphs (1), (2), (4), and (5), by
striking the semicolon at the end and inserting
a period;
(D) in paragraph (8), as redesignated by
subsection (a)(2)—
(i) by striking ‘‘the term’’ and 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 provi-
sions’’; 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 elimi-
nation 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 sub-
jecting importers to the terms and conditions of a plan, the
Secretary shall include as eligible voters in the referendum
producers, handlers, and importers who would be subject
to the plan if the amendments are approved.’’.
TITLE III—FRESH CUT FLOWERS
AND 
FRESH 
CUT 
GREENS
PROMOTION AND 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 enjoyed
by millions of persons every year for a multitude of
special purposes (especially important personal
events), and contribute a natural and beautiful ele-
ment 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, handling,
and marketing constitute a key segment of the United
States horticultural industry and thus a significant
part of the overall agricultural economy of the United
States.
(3) Handlers play a vital role in the marketing
of cut flowers and cut greens in that they purchase
most of the cut flowers and cut greens marketed by
producers, prepare the cut flowers and cut greens for
retail consumption, serve as intermediary between
source of product and retailer, otherwise facilitate the
entry of cut flowers and cut greens into the current
of domestic commerce, and add efficiencies to the
market process that ensure the availability of a much
greater variety of product to retailers and consumers.
(4) It is widely recognized that it is in the 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 reason-
able prices to consumers in the United States.
(5) Cut flowers and cut greens move in interstate
and foreign commerce, and cut flowers and cut greens
that do not move in such channels of commerce, but
only in intrastate commerce, directly affect interstate
commerce in cut flowers and cut greens.
(6) The maintenance and expansion of existing
markets and the development of new or improved
markets or uses for cut flowers and cut greens are
needed to preserve and strengthen the economic viabil-
ity of the domestic cut flowers and cut greens indus-
try 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 pro-
motion-oriented, and because the floral marketing in-
dustry within the United States is comprised mainly
of small-sized and medium-sized businesses, the devel-
opment and implementation of an adequate and co-
ordinated national program of generic promotion and
consumer information necessary for the maintenance
of existing markets and the development of new mar-
kets for cut flowers and cut greens have been pre-
vented.
(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 pro-
motion and consumer information program author-
ized by this title to enhance their market development
efforts for domestic producers.
(10) An effective and coordinated method for en-
suring cooperative and collective action in providing
for and financing a nationwide program of generic
promotion and consumer information is needed to en-
sure that the cut flowers and cut greens industry will
be able to provide, obtain, and implement programs
of promotion and consumer information necessary to