maintain, expand, and develop markets for these
articles.
(11) The most efficient method of financing a
nationwide program of generic promotion and
consumer information regarding cut flowers and cut
greens is to assess cut flowers and cut greens at the
point they are sold by handlers into the retail market.
(b) POLICY AND PURPOSE.—It is declared to be the
policy of Congress that it is in the public interest, and it
is the purpose of this title, to authorize the establishment
pursuant to this title of an orderly procedure for the devel-
opment 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 infor-
mation, and related research designed to strengthen the po-
sition of the cut flowers and cut greens industry in the mar-
ketplace 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 ei-
ther 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 re-
tailers, the PromoFlor Council may determine,
under procedures set out in the order, that the
cut flowers or cut greens in the article do not
constitute a substantial portion of the value of
the article. Based on such a determination, the
article containing the cut flowers or cut greens
shall not be treated as an article of cut flowers
or cut greens for purposes of—
(i) determining the annual sales of cut
flowers and cut greens of a handler under
paragraph (4)(C); or
(ii) imposing an assessment under sec-
tion 306.
(3) GROSS SALES PRICE.—The term ‘‘gross sales
price’’ means the total amount of the transaction in
a sale of cut flowers or cut greens by a handler.
(4) HANDLER DEFINITIONS.—
(A) QUALIFIED HANDLER.—
(i) IN GENERAL.—The term ‘‘qualified
handler’’ means a person (including a co-
operative) operating in the cut flowers or
cut greens industry that sells domestic or
imported cut flowers or cut greens to retail-
ers and exempt handlers and whose annual
sales of cut flowers and cut greens to retail-
ers and exempt handlers are $750,000 or
more.
(ii) INCLUSIONS.—The term ‘‘qualified
handler’’ includes the following:
(I) Bouquet manufacturers.
(II) Auction houses that clear
sales of cut flowers and cut greens to
retailers and exempt handlers through
a central clearinghouse.
(III) Any distribution center that
is owned or controlled by a retailer if
the predominant retail business 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 treat-
ed as a sale in an amount calculated
as provided in subparagraph (C)(ii).
(iii) EXCLUSIONS.—The term ‘‘quali-
fied handler’’ does not include a person who
merely physically transports or delivers cut
flowers or cut greens.
(iv) RULES OF CONSTRUCTION FOR DI-
RECT
TO
CONSUMER
SALES.—The term
‘‘qualified handler’’ includes an importer
that sells directly to consumers cut flowers
or cut greens that it has imported into the
United States and whose sales of such cut
flowers or cut greens (as calculated under
subparagraph (C)), along with sales of cut
flowers and cut greens to retailers or exempt
handlers, annually are $750,000 or more.
The term ‘‘qualified handler’’ also includes
a producer that sells directly to consumers
cut flowers or cut greens that it has pro-
duced and whose sales of such cut flowers or
cut greens (as calculated under subpara-
graph (C)), along with sales of cut flowers
and cut greens to retailers or exempt han-
dlers, annually are $750,000 or more. Each
direct sale to consumers by an importer or
producer described in this clause shall be
treated as a sale to a retailer or exempt
handler in an amount calculated as pro-
vided in clause (iii) or (iv) of subparagraph
(C).
(B) EXEMPT HANDLER.—The term ‘‘exempt
handler’’ means a person that would otherwise be
considered to be a qualified handler, except that
its annual sales of cut flowers and cut greens to
retailers and other exempt handlers are less than
$750,000.
(C) ANNUAL SALES DETERMINED.—
(i) IN GENERAL.—For purposes of de-
termining the amount of annual sales of cut
flowers and cut greens under subparagraphs
(A) and (B), the amount of a sale shall be
determined on the basis of the gross sales
price of product sold.
(ii) SPECIAL RULE FOR DISTRIBUTION
CENTERS.—In the case of a non-sale trans-
fer of cut flowers or cut greens from a dis-
tribution center, as described in subpara-
graph (A)(ii)(III), the amount of the sale
shall be—
(I) the price paid by the distribu-
tion center to acquire the cut flowers or
cut greens; plus
(II) an amount determined by
multiplying the acquisition price deter-
mined under subclause (I) by a uni-
form percentage established by the
order to represent a wholesale handler’s
mark-up on a sale to a retailer.
(iii) SPECIAL RULE FOR DIRECT SALES
BY IMPORTERS.—In the case of a direct sale
by an importer to a consumer, as described
in subparagraph (A)(iv), the amount of the
sale shall be—
(I) the price paid by the importer
to acquire the cut flowers or cut greens;
plus
(II) an amount determined by
multiplying the acquisition price deter-
mined under subclause (I) by a uni-
form percentage established by the
order to represent a wholesale handler’s
mark-up on a sale to a retailer.
(iv) SPECIAL RULE FOR DIRECT SALES
BY PRODUCERS.—In the case of a direct sale
by a producer to a consumer, as described
in subparagraph (A)(iv), the amount of the
sale shall be an amount determined by ap-
plying to the price paid by the consumer a
uniform percentage established by the order
to represent the cost of producing the article
and a wholesale handler’s mark-up on a
sale to a retailer.
(D) REFERENCE TO OTHER DEFINITIONS.—
For purposes of this paragraph, the term ‘‘pro-
ducer’’ has the meaning given the term ‘‘produc-
ers that are qualified handlers’’ in section
305(a)(2)(D)(ii), and the term ‘‘importer’’ has
the meaning given the term ‘‘importers that are
qualified handlers’’ in section 305(a)(2)(D)(iii).
(5) PERSON.—The term ‘‘person’’ means any in-
dividual, group of individuals, firm, partnership, cor-
poration, joint stock company, association, society,
cooperative, or other legal entity.
(6) 
PROMOFLOR
COUNCIL.—The 
term
‘‘PromoFlor Council’’ means the Fresh Cut Flowers
and Fresh Cut Greens Promotion Council established
under section 305(a).
(7) PROMOTION.—The term ‘‘promotion’’ means
any action determined by the Secretary to advance
the image, desirability, or marketability of cut flowers
or cut greens, including paid advertising.
(8) RESEARCH.—The term ‘‘research’’ means
market research and studies limited to the support of
advertising, market development, and other promotion
efforts and consumer information efforts relating to
cut flowers or cut greens, including educational ac-
tivities.
(9) RETAILER.—The term ‘‘retailer’’ means a
person (such as a retail florist, supermarket, mass
market retail outlet, or other end-use seller as de-
scribed in an order issued under this title) that sells
cut flowers or cut greens to consumers. The term shall
include any distribution center—
(A) owned or controlled by such person, or
owned or controlled cooperatively by a group of
such persons, if the predominant retail business
activity of such person is not floral sales; or
(B) independently owned but operated pri-
marily to provide food products to retail stores.
An independently owned distribution center covered
by subparagraph (B) that is also an importer or pro-
ducer of cut flowers or cut greens shall be subject to
the rules of construction set out in paragraph
(4)(A)(iv) and, for such purposes only, shall be
deemed to be the seller of cut flowers or cut greens di-
rectly to the consumer.
(10) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(11) 
UNITED
STATES; 
STATE.—The 
terms
‘‘United States’’ and ‘‘State’’ include the fifty States
of the United States, the District of Columbia, and all
the territories and possessions of the United States.
SEC. 304. ISSUANCE OF ORDERS.
(a) IN GENERAL.—To effectuate the declared policy of
section 302(b), the Secretary shall issue an order under this
title applicable to qualified handlers of cut flowers and cut
greens. Any such order shall be national in scope. Not more
than one order shall be in effect under this title at any one
time.
(b) PROCEDURES.—
(1) PROPOSAL FOR AN ORDER.—The Secretary
may propose the issuance of an order under this title.
In addition, an industry group that represents a sub-
stantial number of the industry members who are to
be assessed under the order, or any other person that
will be affected by this title, may request the issuance
of, and submit a proposal for, such an order.
(2) PUBLICATION OF PROPOSAL.—The Secretary
shall publish the proposed order and give due notice
and opportunity for public comment on the proposed
order not later than 60 days after the earlier of—
(A) the date on which the Secretary receives
the proposal for the order from an industry
group or interested person, as provided in para-
graph (1); or
(B) the date on which the Secretary deter-
mines to propose the order.
(3) ISSUANCE OF ORDER.—After notice and op-
portunity for public comment are provided, the Sec-
retary shall issue the order, taking into consideration
the comments received and including in the order pro-
visions necessary to ensure that the order is in con-
formity with the requirements of this title. The order
shall be issued and become effective not later than 180
days after publication of the proposed order.
(c) AMENDMENTS.—From time to time, the Secretary
may amend an order issued under this title. The provisions
of this title applicable to the issuance of an order shall be
applicable to amendments to the order.
SEC. 305. FRESH CUT FLOWERS AND FRESH CUT GREENS
PROMOTION COUNCIL (PROMOFLOR COUN-
CIL).
(a) ESTABLISHMENT OF PROMOFLOR COUNCIL.—
(1) ESTABLISHMENT.—The order issued under
this title shall provide for the establishment of a Fresh
Cut Flowers and Fresh Cut Greens Promotion Coun-
cil to administer the order. The Secretary shall ap-
point the members of the PromoFlor Council in the
manner provided in paragraphs (2) and (3).
(2) APPOINTMENT OF MEMBERS.—
(A) DISTRIBUTION OF APPOINTMENTS.—The
order shall provide that the membership of the
PromoFlor Council shall consist of 23 members
as follows:
(i) Fourteen members selected from
among qualified wholesale handlers of do-
mestic or imported cut flowers and cut
greens.
(ii) 
Three 
members 
selected 
from
among producers that are qualified handlers
of cut flowers and cut greens.
(iii) Three members selected from
among importers that are qualified handlers
of cut flowers and cut greens.
(iv) One member selected from among
retailers of cut flowers and cut greens.
(v) Two members selected from among
producers of cut flowers and cut greens that
are not qualified handlers or exempt han-
dlers.
(B) APPOINTMENT
FROM
NOMINEES.—The
Secretary shall appoint the producer members of
the PromoFlor Council required by subpara-
graph (A)(v) from nominees submitted by pro-
ducers of cut flowers and cut greens described in
such paragraph. With respect to the other ap-
pointments to the PromoFlor Council required
by subparagraph (A), two nominees shall be sub-
mitted for each appointment pursuant to the
nomination process provided for in paragraph
(3). If nominees are not submitted for an ap-
pointment, the Secretary may make the appoint-
ment on a basis to be provided in the order or
other regulations of the Secretary.
(C) GEOGRAPHICAL
CONSIDERATIONS.—In
making appointments of qualified wholesale han-
dlers to the PromoFlor Council under subpara-
graph (A)(i), the Secretary shall take into ac-
count the geographical distribution of cut flowers
and cut greens markets in the United States. In
making appointments of producers of cut flowers
and cut greens to the PromoFlor Council under
subparagraph (A)(v), the Secretary shall ensure
that one member is selected from among produc-
ers located east of the Mississippi River and one
member is selected from among producers located
west of the Mississippi River.
(D) DEFINITIONS.—For purposes of this
subsection:
(i) 
QUALIFIED
WHOLESALE
HAN-
DLERS.—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 job-
ber’’ means a person that conducts a com-
mission or other wholesale business in buy-
ing and selling cut flowers or cut greens,
and the term ‘‘floral supplier’’ means a per-
son engaged in acquiring cut flowers or cut
greens to be manufactured into floral arti-
cles or otherwise processed for resale.
(ii) PRODUCERS THAT ARE QUALIFIED
HANDLERS.—The term ‘‘producers that are
qualified handlers’’ means those persons
that are subject to assessments as a quali-
fied handler under the order and are en-
gaged—
(I) in the domestic production, for
sale in commerce, of cut flowers or cut
greens if the persons own or share in
the ownership and risk of loss of the
cut flowers or cut greens; or
(II) 
as 
a 
first 
processor 
of
noncultivated cut greens, in receiving
the cut greens from the persons that
gather them for handling.
(iii) IMPORTERS THAT ARE QUALIFIED
HANDLERS.—The term ‘‘importers that are
qualified handlers’’ means those persons—
(I) whose principal activity is the
importation of cut flowers or cut
greens into the United States (either
directly or as an agent, broker, or con-
signee of any person or nation that
produces or handles cut flowers or cut
greens outside the United States for
sale in the United States); and
(II) that are subject to assessments
as a qualified handler under the order.
(3) NOMINATION PROCESS.—
(A) QUALIFIED
HANDLERS.—Nominations
for the appointment to the PromoFlor Council of
qualified wholesale handlers, producers that are
qualified handlers, or importers that are quali-
fied handlers shall be made by qualified whole-
sale handlers, producers that are qualified han-
dlers, or importers that are qualified handlers,
whichever applies, through an election process
under regulations prescribed by the Secretary;
(B) RETAILERS.—Nominations for the re-
tailer appointment under paragraph (2)(A)(iv)
shall be made by the American Floral Marketing
Council, or successor entity.
(4) ALTERNATES.—The order shall provide for
the selection of alternate members of the PromoFlor
Council by the Secretary under procedures specified
in the order.
(5) TERMS.—The order shall provide that each
member of the PromoFlor Council shall serve a term
of three years. However, of the initial appointments,
seven members shall be appointed for a term of two
years, eight members shall be appointed for a term of
three years, and eight members shall be appointed for
a term of four years, as designated by the Secretary
at the time of appointment. No member of the
PromoFlor Council may serve more than two consecu-
tive terms of three years, except that any member
serving an initial term of four years may serve an
additional term of three years.
(6) COMPENSATION.—Members of the PromoFlor
Council shall serve without compensation, but shall be
reimbursed for their expenses incurred in performing
their duties as members of the PromoFlor Council.
(7) EXECUTIVE COMMITTEE.—
(A) ESTABLISHMENT.—The order shall au-
thorize 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 com-
posed of four members appointed pursuant to
clause (i) of subparagraph (2)(A), two members
appointed pursuant to clause (ii) of such sub-
paragraph, two members appointed pursuant to
clause (iii) of such subparagraph, and one mem-
ber appointed pursuant to clause (iv) of such
subparagraph. Thereafter, appointments to the
executive committee shall be made so as to ensure
that the committee reflects, to the maximum ex-
tent practicable, the membership composition of
the PromoFlor Council as a whole. The initial
appointments to the executive committee shall be
for a term of two years. Thereafter, appoint-
ments to the executive committee shall be for a
term of one year.
(B) DELEGATION
OF
AUTHORITY.—The
PromoFlor Council may delegate to the executive
committee its authority under the order to hire
and manage staff and conduct the routine busi-
ness of the PromoFlor Council within the policies
determined by the PromoFlor Council.
(b) RESPONSIBILITIES OF THE PROMOFLOR COUN-
CIL.—
(1) IN GENERAL.—The order shall define the re-
sponsibilities of the PromoFlor Council, which shall
include the general responsibilities described in this
subsection.
(2) ADMINISTRATION.—The PromoFlor Council
shall administer the order in accordance with its
terms and provisions and may prescribe such rules
and regulations to effectuate the terms and provisions
of the order as the PromoFlor Council considers ap-
propriate.
(3) STAFF.—The PromoFlor Council may em-
ploy such persons as the PromoFlor Council deter-
mines are necessary and set the compensation and de-
fine the duties of such persons.
(4) MISCELLANEOUS.—The PromoFlor Council
may receive complaints regarding violations of the
order and shall investigate and report to the Sec-
retary regarding such complaints. The PromoFlor
Council may recommend to the Secretary amend-
ments to the order. The PromoFlor Council shall fur-
nish the Secretary with such information as the Sec-
retary may require.
(c) BUDGETS.—
(1) SUBMISSION OF BUDGETS.—The order shall
require the PromoFlor Council to prepare and submit
to the Secretary on a fiscal year basis a budget of the
anticipated expenses and disbursements of the Board
to implement the order. The budget shall include pro-
jected costs of cut flowers and cut greens promotion,
consumer information, and related research plans and
projects.
(2) APPROVAL BY SECRETARY REQUIRED.—The
PromoFlor Council may not implement a budget sub-
mitted under paragraph (1) before the budget is ap-
proved by the Secretary.
(3) INVESTMENT AUTHORITY.—The order shall
provide the PromoFlor Council with the authority to
invest, pending disbursement under a plan or project,
funds collected through assessments authorized under
this title. Income from invested funds shall be used
only for a purpose for which the invested funds may
be used. The investment of such funds shall be made
only in—
(A) obligations of the United States or any
agency thereof;
(B) general obligations of any State or any
political subdivision thereof;
(C) any interest-bearing account or certifi-
cate of deposit of a bank that is a member of the
Federal Reserve System; or
(D) obligations fully guaranteed as to prin-
cipal and interest by the United States.
(4) CONTROL OF ADMINISTRATIVE COSTS.—The
order shall provide that, as soon as practicable after
the date the order becomes effective and after consulta-
tion with the Secretary and other appropriate per-
sons, the PromoFlor Council shall implement a sys-
tem of cost controls based on normally accepted busi-
ness practices to ensure that the PromoFlor Council’s
annual budgets only include amounts for administra-
tive expenses that cover the minimum administrative
activities and personnel needed to properly admin-
ister and enforce the order and conduct, supervise,
and evaluate plans and projects under the order.
(d) PLANS AND PROJECTS.—
(1) PROMOTION AND CONSUMER INFORMATION.—
The order shall provide for the establishment, imple-
mentation, administration, and evaluation by the
PromoFlor Council of appropriate plans and projects
for advertising, sales promotion, other promotion, and
consumer information with respect to cut flowers and
cut greens. A plan or project under this paragraph
shall be directed toward increasing the general de-
mand for cut flowers or cut greens.
(2) RESEARCH.—The order shall provide for the
establishment, implementation, administration, and
evaluation by the PromoFlor Council of plans and
projects for market development research, research
with respect to the sale, distribution, marketing, or
use of cut flowers or cut greens, and other research
with respect to cut flowers or cut greens marketing,
promotion, or consumer information. The PromoFlor
Council shall provide for the dissemination of infor-
mation resulting from research plans and projects
under this paragraph.
(3) DISBURSEMENT OF FUNDS.—The order shall
also provide authority for the disbursement by the
PromoFlor Council of necessary funds to carry out
the plans and projects under this subsection.
(4) SUBMISSION
TO
SECRETARY.—The order
shall provide that the PromoFlor Council shall submit
to the Secretary for approval any proposed plan or
project for cut flowers or cut greens promotion,
consumer information, or related research under this
subsection.
(5) APPROVAL BY SECRETARY REQUIRED.—The
PromoFlor Council may not implement a plan or
project for cut flowers or cut greens promotion,
consumer information, or related research before the
plan or project is approved by the Secretary.
(6) LIMITATIONS.—A plan or project under this
subsection may not make a reference to a private
brand or trade name, point of origin, or source of
supply, except that these limitations shall not pre-
clude the PromoFlor Council from offering its plans
and projects for use by commercial parties, under
terms and conditions prescribed by the PromoFlor
Council and approved by the Secretary. A plan or
project may not make use of unfair or deceptive acts
or practices with respect to quality or value.
(e) CONTRACTS AND AGREEMENTS.—
(1) PROMOTION, CONSUMER INFORMATION, AND
RELATED RESEARCH PLANS AND PROJECTS.—To en-
sure the efficient use of funds, the order shall provide
that, subject to the approval of the Secretary, the
PromoFlor Council may—
(A) enter into contracts or agreements for
the implementation of any plan or project under
subsection (d) for promotion, consumer informa-
tion, or related research with respect to cut flow-
ers or cut greens; and
(B) pay costs related to the plan or project
with funds received by the PromoFlor Council
under the order.
(2) REQUIREMENTS OF CONTRACTS AND AGREE-
MENTS.—The order shall provide that any contract or
agreement under paragraph (1) shall provide that—
(A) the contracting or agreeing party shall
develop and submit to the PromoFlor Council a
plan or project together with a budget or budgets
that shall show estimated costs to be incurred
under the plan or project;
(B) the plan or project shall become effective
only upon the approval of the Secretary; and
(C) the contracting or agreeing party shall
keep accurate records of all of its transactions,
account for funds received and expended, make
periodic reports to the PromoFlor Council of ac-
tivities conducted, and make such other reports
as the PromoFlor Council or the Secretary may
require.
(3) OTHER CONTRACTS AND AGREEMENTS.—The
order shall provide that the PromoFlor Council also
may enter into contracts or agreements for adminis-
trative services. Any such contract or agreement shall
include provisions comparable to those provided in
paragraph (2).
(f) BOOKS AND RECORDS OF THE PROMOFLOR COUN-
CIL.—
(1) IN GENERAL.—The order shall require the
PromoFlor Council to maintain such books and
records (which shall be available to the Secretary for
inspection and audit) as the Secretary may prescribe.
The PromoFlor Council shall also prepare and submit
to the Secretary such reports as the Secretary may re-
quire and account for the receipt and disbursement of
all funds entrusted to the PromoFlor Council.
(2) AUDITS.—The PromoFlor Council shall cause
its books and records to be audited by an independent
auditor at the end of each fiscal year. A report of each
such audit shall be submitted to the Secretary.
(3) LISTS OF IMPORTERS.—The order shall re-
quire the staff of the PromoFlor Council to periodi-
cally review lists of importers of cut flowers and cut
greens to determine whether persons included in the
lists are subject to the order. At the request of the
PromoFlor Council, the United States Customs Serv-
ice shall provide to the PromoFlor Council lists of im-
porters of cut flowers and cut greens.
(g) PROHIBITION ON LOBBYING.—The order shall pro-
hibit the use of any funds received by the PromoFlor Coun-
cil in any manner for the purpose of influencing legislation
or government action or policy, except that funds may be
used by the PromoFlor Council for the development and rec-
ommendation to the Secretary of amendments to the order.
(h) CONSULTATIONS WITH INDUSTRY EXPERTS.—The
order shall provide that the PromoFlor Council may seek
advice from and consult with experts from the production,
import, wholesale, and retail segments of the cut flowers and
cut greens industry to assist in the development of pro-
motion, consumer information, and related research plans
and projects. For such purpose, the order also shall author-
ize the appointment of special committees composed of per-
sons other than PromoFlor Council members. A committee
appointed pursuant to the authority provided in this sub-
section may not provide advice or recommendations to an
agency or officer of the Federal Government, but shall con-
sult directly with the PromoFlor Council.
SEC. 306. ASSESSMENTS.
(a) AUTHORITY TO IMPOSE ASSESSMENT.—
(1) IN GENERAL.—An order issued under this
title shall provide that each qualified handler shall
pay to the PromoFlor Council, in the manner pre-
scribed by the order, an assessment on each sale of cut
flowers or cut greens (other than a sale described in
subsection (g)) to a retailer or an exempt handler.
This assessment requirement shall also apply to each
transaction described in paragraph (4).
(2) DETERMINATION OF QUALIFIED HANDLER OR
EXEMPT HANDLER STATUS.—The order shall contain
provisions regarding the making of determinations to
determine status as a qualified handler or exempt
handler that include the rules and requirements set
out in section 303(4) and subsections (a) and (b) of
section 307.
(3) PUBLISHED LISTS OF HANDLERS.—To facili-
tate the payment of assessments under this section,
the PromoFlor Council shall publish lists of qualified
handlers required to pay assessments under the order
and exempt handlers.
(4) CERTAIN COVERED TRANSACTIONS.—
(A) IN GENERAL.—The order shall provide
that each non-sale transfer of cut flowers or cut
greens to a retailer from a qualified handler that
is a distribution center, as described in section
303(4)(A)(ii)(III), and each direct sale of cut
flowers or cut greens to a consumer by a quali-
fied handler that is an importer or producer, as
described in section 303(4)(A)(iv), shall be treat-
the United States for the district in which the
person resides or carries on business, or in the
United States district court for the District of
Columbia; and
(B) simultaneously sending a copy of the
notice by certified mail to the Secretary.
(2) FILING OF RECORD.—Upon the filing of a
notice of appeal under paragraph (1), the Secretary
shall promptly file in the district court in which the
notice of appeal is filed a certified copy of the record
on which the Secretary found that the person had
committed a violation.
(3) STANDARD OF REVIEW.—A finding of the
Secretary shall be set aside under this subsection only
if the finding is found to be unsupported by substan-
tial 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 sub-
sections (c) and (d). Each day during which the failure con-