(i) by striking ‘‘(2) no’’ and inserting
‘‘(2) No’’; and
(ii) by striking the semicolon at the
end and inserting a period; and
(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 inserting ‘‘(a)’’ before ‘‘The provisions’’;
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 cut flowers and cut greens indus-
try’s position 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 on appropriate uses under varied cir-
(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 from a
handler to a retailer.
(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 marketing system that sells do-
mestic or imported cut flowers or cut
greens to retailers and exempt handlers
and whose annual sales of cut flowers and
cut greens to retailers and exempt handlers
are $750,000 or more.
(ii) INCLUSIONS.—The term ‘‘quali-
fied handler’’ includes—
(I) bouquet manufacturers (sub-
ject 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 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
any such qualified handler shall be treated
as a sale to a retailer or exempt handler in
an amount calculated as provided in clause
(ii) or (iii) 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-
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 acquisition price deter-
mined under subclause (I) by a uni-
form percentage established by the
order to represent a wholesale han-
dler’s mark-up on a sale to a retailer.
(iii) SPECIAL
RULE
FOR
DIRECT
SALES BY IMPORTERS.—In the case a di-
rect 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 de-
termined under subclause (I) by a
uniform percentage established by the
order to represent a wholesale han-
dler’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 de-
termined by applying to the price paid by
the consumer a uniform percentage estab-
lished by the order to represent the cost of
producing the article and a wholesale han-
dler’s mark-up on a sale to a retailer.
(D) 
REFERENCE
TO
OTHER
DEFINI-
TIONS.—For purposes of this paragraph, the
term ‘‘producer’’ has the meaning given the
term ‘‘producer that is a qualified handler’’ in
section 305(b)(2)(B)(ii)(I), and the term ‘‘im-
porter’’ has the meaning given the term ‘‘im-
porter that is a qualified handler’’ in section
305(b)(2)(B)(iii)(I).
(5) PERSON.—The term ‘‘person’’ means any
individual, group of individuals, firm, partnership,
corporation, joint stock company, association, soci-
ety, cooperative, or other legal entity.
(6) 
PROMOFLOR
COUNCIL.—The 
term
‘‘PromoFlor Council’’ means the Fresh Cut Flowers
and Fresh Cut Greens Promotion Council estab-
lished under section 305(b).
(7) 
PROMOTION.—The 
term 
‘‘promotion’’
means any action determined by the Secretary to ad-
vance 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 pro-
motion efforts and consumer information efforts re-
lating to cut flowers or cut greens, including edu-
cational 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 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
directly to the consumer.
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
(11) UNITED
STATES; 
STATE.—The terms
‘‘United States’’ and ‘‘State’’ include the fifty States
of the United States, the District of Columbia, and
all the territories and possessions of the United
States.
SEC. 304. ISSUANCE OF ORDERS.
(a) IN GENERAL.—To effectuate the declared policy
of section 302(b), the Secretary shall issue an order under
this title applicable to qualified handlers of cut flowers and
cut greens. Any such order shall be national in scope. Not
more than one order shall be in effect under this title at
any one time.
(b) PROCEDURES.—
(1) PROPOSAL FOR AN ORDER.—The Secretary
may propose the issuance of an order under this
title. In addition, an industry group that represents
a substantial number of the industry members who
are to be assessed under the order, or any other per-
son 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 Sec-
retary 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 ear-
lier of—
(A) the date on which the Secretary re-
ceives a proposal for an 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 an order.
(3) ISSUANCE OF ORDER.—After notice and op-
portunity for public comment are provided, the Sec-
retary shall issue the order, taking into consider-
ation the comments received and including in the
order provisions necessary to ensure that the order
is in conformity with the requirements of this title.
The order shall be issued and become effective not
later than 180 days after publication of the proposed
order.
(c) AMENDMENTS.—From time to time, the Sec-
retary 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. REQUIRED TERMS IN ORDERS.
(a) IN GENERAL.—Each order issued under this title
shall contain the terms and provisions required by this sec-
tion, sections 306 and 307, and any other provision of this
title.
(b) PROMOFLOR 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 pro-
vide that members of the PromoFlor Council
shall be participating qualified handlers rep-
resenting qualified wholesale handlers and pro-
ducers and importers that are qualified han-
dlers, and a member that represents retailers,
appointed by the Secretary from nominations
submitted by qualified wholesale handlers, pro-
ducers and importers that are qualified han-
dlers, 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 pro-
ducers that are qualified handlers of cut
flowers and cut greens;
(iii) three members representing im-
porters 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
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 pur-
poses 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 sup-
plier’’ means a person engaged in acquir-
ing cut flowers or cut greens to be manu-
factured 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 produc-
tion, for sale in commerce, of cut
flowers or cut greens and that
owns or shares in the ownership
and risk of loss of the cut flowers
or cut greens; or
(bb) as a first processor of
noncultivated cut greens, in re-
ceiving the 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 assess-
ments as a qualified handler under
the order.
(C) DISTRIBUTION OF QUALIFIED WHOLE-
SALE
HANDLER
APPOINTMENTS.—The order
shall provide that the qualified wholesale han-
dler 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 appoint-
ment shall be made by the American Floral
Marketing Council, or successor entity; and
(D) in any case in which qualified whole-
sale handlers, producers that are qualified han-
dlers, importers that are qualified handlers, or
retailers fail to nominate individuals for an ap-
pointment to the PromoFlor Council, the Sec-
retary may appoint a person to fill the vacancy
on a basis provided in the order or other regu-
lations 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, ex-
cept 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 addi-
tional term of three years; and
(C) PromoFlor Council members shall
serve without compensation, but shall be reim-
bursed for their expenses incurred in perform-
ing their duties as members of the PromoFlor
Council.
(6) 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
composed of four members representing quali-
fied wholesale handlers, two members represent-
ing producers that are qualified handlers, two
members representing importers that are quali-
fied handlers, and one member representing re-
tailers; and thereafter appointments to the exec-
utive 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 ini-
tial appointments to the executive committee
each shall be for a term of two years. There-
after, 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 au-
thority under the order to hire and manage
staff and conduct the routine business of the
PromoFlor Council within the policies deter-
mined by the PromoFlor Council.
(c) 
GENERAL
RESPONSIBILITIES
OF
THE
PROMOFLOR COUNCIL.—The order shall define the gen-
eral responsibilities of the PromoFlor Council, which shall
include the responsibility—
(1) to administer the order in accordance with
its terms and provisions;
(2) to make rules and regulations to effectuate
the terms and provisions of the order;
(3) to appoint members of the PromoFlor
Council to serve on an executive committee;
(4) to employ such persons as the PromoFlor
Council determines are necessary, and to set the
compensation and define the duties of such persons;
(5) to develop budgets for the implementation
of the order and submit such budgets to the Sec-
retary for approval under subsection (d);
(6) to 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 infor-
mation, or related research;
(7) to implement plans and projects for cut
flowers or cut greens promotion, consumer informa-
tion, or related research, as provided in subsection
(d), or to contract or enter into agreements with ap-
(i) for the establishment, implementa-
tion, administration, and evaluation of ap-
propriate plans and projects for advertis-
ing, sales promotion, other promotion, and
consumer information with respect to cut
flowers and cut greens, and for the dis-
bursement of necessary funds for such pur-
poses;
(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 con-
ditions prescribed by the PromoFlor Coun-
cil 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, adminis-
tration, and evaluation of plans and projects for
market development research, research with re-
spect to the sale, distribution, marketing, or use
of cut flowers or cut greens, and other research
with respect to cut flowers or cut greens mar-
keting, promotion, or consumer information; for
the dissemination of the information gained by
such activities; and for the disbursement of nec-
essary 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 re-
lated research, as described in subparagraphs
(A) and (B).
(3) APPROVAL BY SECRETARY REQUIRED.—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.
(4) 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 author-
ized under this title. Income from invested funds
shall be used only for a purpose for which the in-
vested 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.
(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 agree-
ments 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 pro-
vide 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 esti-
mated costs to be incurred under the 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 ad-
ministrative services. Any such contract or agree-
ment 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 in-
spection and audit) as the Secretary may pre-
scribe;
(B) prepare and submit to the Secretary,
from time to time, such reports as the Sec-
retary may prescribe; and
(C) account for the receipt and disburse-
ment 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 per-
sonnel needed to properly administer and enforce the
order and conduct, supervise, and evaluate plans and
projects under the order.
(h) 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 gov-
ernment 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.
(i) 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 pre-
scribed by the order, to the end that information is
made available to the Secretary and the PromoFlor
Council as is appropriate for the administration or
enforcement of this title, the order, or any regulation
issued under this title.
(2) CONFIDENTIALITY REQUIRED.—
(A) IN
GENERAL.—Information obtained
from books, records, or reports under the au-
thority provided in paragraph (1), or from re-
ports required under section 307(c), 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 Sec-
retary 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) RULE OF CONSTRUCTION.—Nothing in
subparagraph (A) may be construed to pro-
hibit—
(i) the issuance of general statements,
based on the reports, of the number of per-
sons 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 vio-
lating the order, together with a statement
of the particular provisions of the order
violated by the person.
(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
Service shall provide to the PromoFlor Council lists
of importers of cut flowers and cut greens.
(j) CONSULTATIONS WITH INDUSTRY EXPERTS.—
The order shall provide that the PromoFlor Council, from
time to time, may seek advice from and consult with ex-
perts from the production, import, wholesale, and retail
segments of the cut flowers and cut greens industry to
assist in the development of promotion, consumer informa-
tion, and related research plans and projects. For such
purpose, the order also shall authorize the appointment
of special committees composed of persons other than
PromoFlor Council members. A committee appointed pur-
suant to the authority provided in this subsection may not
provide advice or recommendations to an agency or officer
of the Federal Government, but shall consult directly with
the PromoFlor Council.
SEC. 306. ASSESSMENTS.
(a) AUTHORITY TO IMPOSE ASSESSMENT.—
(1) IN GENERAL.—An order issued under this
title shall provide that each qualified handler shall
pay to the PromoFlor Council, in the manner pre-
scribed by the order, an assessment on each sale of
cut flowers or cut greens (other than a sale de-
scribed in subsection (h)) 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 deter-
minations to determine status as a qualified handler
or exempt handler that include the rules and re-
quirements set out in sections 303(4) and 307.
(3) PUBLISHED LISTS OF HANDLERS.—To fa-
cilitate the payment of assessments under this sec-
tion, the PromoFlor Council shall publish lists of
qualified handlers required to pay assessments under
the order and exempt handlers.
(4) COVERED TRANSACTIONS.—
(A) IN GENERAL.—The order shall provide
that each non-sale transfer of cut flowers or cut
greens to a retailer from a qualified handler
that is a distribution center, as described in
section 303(4)(A)(ii)(III), and each direct sale
of cut flowers or cut greens to a consumer by
a qualified handler that is an importer or pro-
ducer, as described in section 303(4)(A)(iv),
shall be treated as a sale of cut flowers or cut
greens to a retailer subject to assessments
under this subsection.
(B) DETERMINATION
OF
SALE
AMOUNT
FOR DISTRIBUTION CENTERS.—In the case of a
non-sale transfer of cut flowers or cut greens
from a distribution center, the amount of the
sale shall be considered to be—
(i) the price paid by the distribution
center to acquire the cut flowers or cut
greens; plus
(ii) an amount determined by mul-
tiplying acquisition price determined under
clause (i) by a uniform percentage estab-
lished by the order to represent a wholesale
handler’s mark-up on a sale to a retailer.
(C) DETERMINATION
OF
SALE
AMOUNT
FOR
DIRECT
SALES
BY
IMPORTERS.—In the
case a direct sale by an importer to a consumer,
the amount of the sale shall be considered to
be—
(i) the price paid by the importer to
acquire the cut flowers or cut greens; plus
(ii) an amount determined by mul-
tiplying the acquisition price determined
under clause (i) by a uniform percentage
established by the order to represent a
wholesale handler’s mark-up on a sale to a
retailer.
(D) DETERMINATION
OF
SALE
AMOUNT
FOR
DIRECT
SALES
BY
PRODUCERS.—In the
case a direct sale by a producer to a consumer,
the amount of the sale shall be considered to be
an amount determined by applying to the price
paid by the consumer a uniform percentage es-
tablished by the order to represent the cost of
producing the article and a wholesale handler’s
mark-up on a sale to a retailer.
(E) ADJUSTMENT OF UNIFORM PERCENT-
AGE.—The PromoFlor Council may recommend
to the Secretary changes to the uniform per-
centage established by the order under this
paragraph. The Secretary may make a change
in the uniform percentage based on such a rec-
ommendation only after providing an oppor-
tunity for notice and comment regarding the
proposed change.
(b) ASSESSMENT RATES.—The order shall comply
with the following assessment requirements:
(1) INITIAL ASSESSMENT RATE.—The rate of
assessment on each sale or transfer of cut flowers or
cut greens, for the first three years the order is in
effect, shall be one-half of one percent of—
(A) the gross sales price of product sold; or
(B) in the case of transactions described in
subsection (a)(4), the amount of the transaction
calculated as provided in such subsection.
(2) CHANGES IN ASSESSMENT RATE.—
(A) AUTHORIZED AMOUNT OF CHANGE.—
Subject to subparagraph (B), after the first
three years the order is in effect, the uniform
assessment rate may be increased or decreased
annually by not more than .25 percent of—
(i) the gross sales price of product
sold; or
(ii) in the case of transactions de-
scribed in subsection (a)(4), the amount of
the transaction calculated as provided in
such subsection.
(B) LIMITATION.—The assessment rate
may not exceed one percent of gross sales price
or transaction amount.
(C) METHOD OF CHANGING ASSESSMENT
AMOUNT.—Any change in the rate of assess-
ment may be made only if adopted by the
PromoFlor Council by a two-thirds majority
vote and approved by the Secretary, after pro-
viding an opportunity for notice and comment
regarding the proposed change, as necessary to
achieve the objectives of this title. The change
in the rate of assessment shall be announced by
the PromoFlor Council at least 30 days prior to
going into effect. A change in the rate of as-
sessment shall not be subject to a vote in a ref-
erendum under section 308.
(c) SUBMISSION OF ASSESSMENTS.—The order shall
provide that each person required to pay assessments
under this section shall remit, to the PromoFlor Council,
the assessment due from each sale by that person of cut
flowers or cut greens that is subject to an assessment
within such time period after the sale (not to exceed 60
days from the end of the month in which the sale took
place) as specified in the order.
(d) REFUNDS FROM ESCROW ACCOUNT.—
(1) ESTABLISHMENT OF ESCROW ACCOUNT.—
The order shall provide that the PromoFlor Council
shall—
(A) establish an escrow account to be used
for assessment refunds as needed; and
(B) place into the escrow account an
amount equal to 10 percent of the total amount
of assessments collected during the period be-
ginning on the date the order goes into effect,
as provided in section 304(b)(3), and ending on
the date the initial referendum on the order
provided for in section 308(a) is completed.
(2) RIGHT TO RECEIVE REFUND.—
(A) IN GENERAL.—The order shall provide
that, subject to paragraph (3) and the condi-
tions specified in subparagraph (B), any quali-
fied handler shall have the right to demand and
receive from the PromoFlor Council out of the
escrow account a one-time refund of any assess-
ments paid by or on behalf of the qualified han-
dler during the time period specified in para-
graph (1)(B), if—
(i) the qualified handler is required to
pay such assessments;
(ii) the qualified handler does not sup-
port the program established under this
title;
(iii) the qualified handler demands a
refund prior to the conduct of the referen-
dum on the order under section 308(a);
and
(iv) the order is not approved by
qualified handlers in the referendum.
(B) CONDITIONS.—The right of any quali-
fied handler to receive refunds under subpara-
graph (A) shall be subject to the following con-
ditions:
(i) The demand shall be made in ac-
cordance with regulations, on a form, and
within a time period prescribed by the
PromoFlor Council.
(ii) The refund shall be made only on
submission of proof satisfactory to the
PromoFlor Council that the qualified han-
dler paid the assessment for which refund
is demanded.
(iii) If the amount in the escrow ac-
count required under paragraph (1) is not
sufficient to refund the total amount of as-
sessments demanded by all qualified han-
dlers determined eligible for refunds and
the order is not approved in the referen-
dum on the order under section 308(a),
the PromoFlor Council shall prorate the
amount of all such refunds among all eligi-
ble qualified handlers that demand a re-
fund.
(3) PROGRAM APPROVED.—The order shall pro-
vide that, if the order is approved in the referendum
under section 308(a), there shall be no refunds made
and all funds in the escrow account shall be re-
turned to the PromoFlor Council for use by the
PromoFlor Council in accordance with the other pro-
visions of the order.
(e) USE OF ASSESSMENT FUNDS.—The order shall
provide that assessment funds (net of any refunds paid
out under the terms of the order contained in subsection
(d)) shall be used for payment of costs incurred in imple-
menting and administering the order, with provision for
a reasonable reserve, and to cover those administrative
costs incurred by the Secretary in implementing and ad-
ministering this title, except for the salaries of Govern-
ment employees incurred in conducting referenda.
(f) POSTPONEMENT OF COLLECTIONS.—
(1) AUTHORITY.—Notwithstanding any other
provision of this title, the PromoFlor Council may
grant a postponement of the payment of assessments
under this section for any qualified handler that es-
tablishes that it is financially unable to make the
payment. The granting of such a postponement shall
be considered under application and documentation
requirements and review procedures established
under rules recommended by the PromoFlor Council,
approved by the Secretary, and issued after provid-
ing public notice and an opportunity to comment on
the proposed rules.
(2) CRITERIA
AND
RESPONSIBILITY
FOR
DE-
TERMINATIONS.—To establish that it is financially
unable to pay assessments, an applicant for a post-
ponement shall demonstrate that it is insolvent and
will be unable to continue to operate if it is required
to pay assessments. As part of making such a dem-
onstration, the applicant shall submit an opinion of
an independent certified public accountant and any
other documentation required under the rules pre-
scribed under paragraph (1). All books, records, and
other documentation submitted by a qualified han-
dler under this paragraph shall be subject to the
confidentiality requirements of section 505(i).
(3) PERIOD OF POSTPONEMENT.—The time pe-
riod of any postponement and the terms and condi-
tions of payment of assessments that are postponed
under this subsection shall be established by the
PromoFlor Council, in accordance with the rules
prescribed under paragraph (1), so as to appro-
priately reflect the proven needs of the qualified
handler. Postponements may be extended under the
requirements and procedures established pursuant to
paragraph (1) for the grant of initial postponements.
(g) OTHER TERMS OF ORDER.—The order shall con-
tain such other terms and provisions, not inconsistent with
this title, as are necessary to effectuate this title, including
provision for the assessment of interest and a charge for
each late payment of assessments under this section.
(h) EXCLUSION
FROM ASSESSMENTS.—The order
shall exclude from assessments under the order any sale
of cut flowers or cut greens for export from the United
States.
SEC. 307. REQUIRED DETERMINATIONS.
(a) DETERMINATION OF ANNUAL SALES.—
(1) IN GENERAL.—For purposes of applying the
$750,000 annual sales limitation to specific persons
in order to determine status as a qualified handler
or an exempt handler under section 303(4), or to
specific facilities in order to determine status as an
eligible separate facility under section 308(b)(2), any
order issued under this title shall provide that a de-
termination of a person’s or facility’s annual sales
volume shall be based on the sales of cut flowers and
cut greens by the person or facility during the most
recently-completed calendar year.
(2) SPECIAL
RULE
FOR
NEW
BUSINESSES.—
With respect to new businesses and other operations
for which complete data on sales during all or part
of the most recently-completed calendar year are not
available to the PromoFlor Council, the determina-
tion under paragraph (1) may be made using an al-
ternative time period or other alternative procedures
specified in the order.
(b) RULE OF ATTRIBUTION.—
(1) IN GENERAL.—For purposes of determining
the annual sales volume of a person or a separate
facility of a person, sales attributable to a person
shall include—
(A) in those cases in which the person is
an individual, sales attributable to such per-
son’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 part-
ners of the partnership;
(C) for both individuals and partnerships,
sales attributable to any corporation or other
entity in which the person owns more than 50
percent of the stock or (if the entity is not a
corporation) that the person controls; and
(D) in those cases in which the person is
a corporation, sales attributable to any cor-
porate subsidiary or other corporation or entity
in which the corporation owns more than 50
percent of the stock or (if the entity is not a
corporation) that the corporation controls.
(2) TREATMENT OF CERTAIN STOCK AND OWN-
ERSHIP
INTERESTS.—For purposes of this sub-
section, stock or an ownership interest in an entity
that is owned by the spouse, children, grandchildren,
parents, grandparents, or partners of an individual,
or by a partnership in which a person is a partner,
or by a corporation more than 50 percent of the
stock of which is owned by a person, shall be treated
as owned by the individual or person.
(c) REPORTS.—For purposes of this section, the
order may require each person that sells cut flowers or
cut greens to retailers to submit reports to the PromoFlor
Council on annual sales by the person. A report under this
subsection shall be subject to the confidentiality require-
ments provided in section 305(i)(2).
SEC. 308. REFERENDA.
(a) REQUIREMENT FOR INITIAL REFERENDUM.—
(1) CONDUCT.—Not later than 36 months after
the issuance of an order under section 304(b)(3),
the Secretary shall conduct a referendum among
qualified handlers required to pay assessments under
the order, as provided in section 306, subject to the
rules on voting provided in subsection (b), to ascer-
tain 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 major-
ity 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 eligi-
ble 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 quali-
fied handler or its business function is substan-
tially different than the functions of other fa-
cilities owned or operated by the qualified han-
dler.
(B) ELIGIBILITY.—A separate facility of a
qualified handler shall be considered to be an
eligible separate facility if the annual sales of
cut flowers and cut greens to retailers and ex-
empt handlers from the 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 sub-
paragraph (B) of this paragraph, the rules set
out in subparagraphs (A) and (C) of section
303(4) shall be applicable.
(c) SUSPENSION OR TERMINATION REFERENDA.—
Effective beginning three years after an order issued
under this title is approved in a referendum conducted
under subsection (a), the Secretary—
(1) at the Secretary’s discretion, may conduct
at any time a referendum of qualified handlers re-
quired to pay assessments under the order, as pro-
vided in section 306, subject to the rules on voting
provided in subsection (b), to ascertain whether or
not qualified handlers favor suspension or termi-
nation 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 re-
quired to pay assessments under the order, as pro-
vided in section 306, shall conduct a referendum of
all qualified handlers required to pay assessments
under the order, as provided in section 306, 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 termi-
nation 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, activi-
ties under the order in an orderly manner as soon
as practicable.
(e) MANNER
OF
CONDUCTING
REFERENDA.—
Referenda under this section shall be conducted in such
manner as is determined appropriate by the Secretary.
SEC. 309. PETITION AND REVIEW.
(a) PETITION AND HEARING.—
(1) PETITION.—A person subject to an order
issued under this title may file with the Secretary a
petition—
(A) stating that the order, any provision of
the order, or any obligation imposed in connec-
tion with the order is not in accordance with
law; and
(B) requesting a modification of the order
or an exemption from the order.
(2) HEARING.—The petitioner shall be given
the opportunity for a hearing on a petition filed
under paragraph (1), in accordance with regulations
issued by the Secretary. Any such hearing shall be
conducted in accordance with section 311(b)(2) and
be held within the United States judicial district in
which the person’s residence or principal place of
business is located.
(3) RULING.—After a hearing under paragraph
(2), the Secretary shall make a ruling on the peti-
tion, 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) re-
sides or carries on business are hereby vested with
jurisdiction to review the Secretary’s ruling on the
person’s petition, if a complaint for that purpose is
filed within 20 days after the date of the entry of
the ruling by the Secretary.
(2) PROCESS.—Service of process in proceed-
ings under this subsection shall be conducted in ac-
cordance with the Federal Rules of Civil Procedure.
(3) REMAND.—If the court in a proceeding
under this subsection determines that the Sec-
retary’s ruling on the person’s petition is not in ac-
cordance with law, the court shall remand the mat-
ter to the Secretary with directions either—
(A) to make such ruling as the court shall
determine to be in accordance with law; or
(B) to take such further action as, in the
opinion of the court, the law requires.
(c) ENFORCEMENT
UNDER
SECTION
310.—The
pendency of proceedings instituted under this section shall
not impede, hinder, or delay the Attorney General or the
Secretary from obtaining relief under section 310.
SEC. 310. ENFORCEMENT.
(a) JURISDICTION.—The several district courts of the
United States are vested with jurisdiction specifically to
enforce, and to prevent and restrain any person from vio-
lating, this title or an order or regulation made or issued
by the Secretary under this title.
(b) REFERRAL TO ATTORNEY GENERAL.—A civil ac-
tion 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 title, or an order or regulation issued
under this title, if the Secretary believes that the adminis-
tration and enforcement of this title would be adequately
served by administrative action under subsection (c) or
suitable written notice or warning to the person who com-
mitted or is committing the violation.
(c) CIVIL PENALTIES AND ORDERS.—
(1) CIVIL PENALTIES.—A person that violates a
provision of this title, or an order or regulation is-
sued by the Secretary under this title, or who fails
or refuses to pay, collect, or remit any assessment
or fee duly required of the person under an order or
regulation issued under this title, may be assessed
by the Secretary—
(A) a civil penalty of not less than $500
nor more than $5,000 for each such violation;
and
(B) in the case of a willful failure to remit
an assessment as required by an order or regu-
lation, an additional penalty equal to the
amount of the assessment.
(2) TREATMENT
AS
SEPARATE
OFFENSES.—
Each violation described in paragraph (1) shall be
treated as a separate offense.
(3) CEASE AND DESIST ORDERS.—In addition
to or in lieu of a civil penalty under paragraph (1),
the Secretary may issue an order requiring a person
to cease and desist from continuing a violation of
this title or an order or regulation issued under this
title.
(4) NOTICE AND HEARING.—No penalty shall
be assessed or cease and desist order issued by the
Secretary under this subsection unless the Secretary
gives the person against whom the penalty is as-
sessed or the order is issued notice and opportunity
for a hearing before the Secretary with respect to
the violation. The hearing shall be conducted in ac-
cordance with section 311(b)(2) and be held within
the United States judicial district in which the per-
son’s residence or principal place of business is lo-
cated.
(5) FINALITY.—The penalty assessed or cease
and desist order issued under this subsection shall
be final and conclusive unless the person against
whom the penalty is assessed or the order is issued
files an appeal with the appropriate district court of
the United States in accordance with subsection (d).
(d) REVIEW BY DISTRICT COURT.—
(1) COMMENCEMENT OF ACTION.—Any person
against whom a violation is found and a civil penalty
assessed or cease and desist order issued under sub-
section (c) may obtain review of the penalty or order
by—
(A) filing, within the 30-day period begin-
ning on the date the penalty is assessed or
order issued, a notice of appeal in the district
court of the United States for the district in
which the person resides or carries on business,
or in the United States district court for the
District of Columbia; and
(B) simultaneously sending a copy of the
notice by certified mail to the Secretary.
(2) FILING OF RECORD.—Upon the filing of a
notice of appeal under paragraph (1), the Secretary
shall promptly file in the district court in which the
notice of appeal is filed a certified copy of the record
on which the Secretary found that the person had
committed a violation.
(3) STANDARD OF REVIEW.—A finding of the
Secretary shall be set aside under this subsection
only if the finding is found to be unsupported by
substantial evidence.
(e) FAILURE TO OBEY AN ORDER.—A person that
fails to obey a cease and desist order issued under sub-
section (c) after the order has become final and
unappealable, or after the appropriate United States dis-
trict court has entered a final judgment in favor of the
Secretary, shall be subject to a civil penalty assessed by
the Secretary of not more than $5,000 for each offense,
after opportunity for a hearing and for judicial review
under the procedures specified in subsections (c) and (d).
Each day during which the failure continues shall be con-
sidered as a separate violation of the order.
(f) FAILURE TO PAY A PENALTY.—If a person fails
to pay a civil penalty assessed under subsection (c) or (e)
after the penalty has become final and unappealable, or
after the appropriate United States district court has en-
tered final judgment in favor of the Secretary, the Sec-
retary shall refer the matter to the Attorney General for
recovery of the amount assessed in any United States dis-
trict court in which the person resides or carries on busi-
ness. In such action, the validity and appropriateness of
the civil penalty shall not be subject to review.
(g) ADDITIONAL REMEDIES.—The remedies provided
in this title shall be in addition to, and not exclusive of,
other remedies that may be available.
SEC. 311. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) INVESTIGATIONS.—The Secretary may make such
investigations as the Secretary considers necessary for the
effective administration of this title, or to determine
whether any person has engaged or is engaging in any
act that constitutes a violation of this title, or any order
or regulation issued under this title.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) IN GENERAL.—For the purpose of an inves-
tigation under subsection (a), the Secretary may ad-
minister oaths and affirmations, and issue subpoe-
nas 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 Unit-
ed States.
(2) ADMINISTRATIVE HEARINGS.—For the pur-
pose of an administrative hearing held under section
309(a)(2) or 310(c)(3), the presiding officer may ad-
minister oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require
the production of any records that are relevant to
the inquiry. The attendance of witnesses and the
production of any such records may be required
from any place in the United States.
(c) AID OF COURTS.—
(1) IN GENERAL.—In the case of contumacy by,
or refusal to obey a subpoena issued to, any person,
the Secretary may invoke the aid of any court of the
United States within the jurisdiction of which the in-
vestigation or proceeding is carried on, or where the
person resides or carries on business, in order to en-
force a subpoena issued under subsection (b). The
court may issue an order requiring the person to
comply with such a subpoena. Any failure to obey
the order of the court may be punished by the court
as a contempt thereof.
(2) PROCESS.—Process in any proceeding
under this subsection may be served in the United
States judicial district in which the person being
proceeded against resides or carries on business or
wherever the person may be found.
SEC. 312. CONFIDENTIALITY.
(a) PROHIBITION.—No information on how a person
voted in a referendum conducted under this title shall be
made public.
(b) PENALTY.—Any person knowingly violating sub-
section (a) or the confidentiality terms of an order, as de-
scribed in section 305(i)(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 Agri-
culture or the PromoFlor Council, shall be removed from
office.
(c) ADDITIONAL PROHIBITION.—No information ob-
tained under this title may be made available to any agen-
cy or officer of the Federal Government for any purpose
other than the implementation of this title and any inves-
tigatory or enforcement actions necessary for the imple-
mentation of this title.
(d) WITHHOLDING INFORMATION FROM CONGRESS
PROHIBITED.—Nothing in this title shall be construed to
authorize the withholding of information from Congress.
SEC. 313. AUTHORITY FOR SECRETARY TO SUSPEND OR
TERMINATE ORDER.
Whenever the Secretary finds that an order issued
under this title, or any provision of the order, obstructs
or does not tend to effectuate the declared policy of this
title, the Secretary shall terminate or suspend the oper-
ation of the order or provision under such terms as the
Secretary determines appropriate.
SEC. 314. CONSTRUCTION.
(a) 
TERMINATION
OR
SUSPENSION
NOT
AN
ORDER.—The termination or suspension of an order, or
any provision thereof, shall not be considered an order
under the meaning of this title.
(b) PRODUCER RIGHTS.—Nothing in this title may
be construed to provide for control of production or other-
wise limit the right of individual cut flowers and cut
greens producers to produce cut flowers and cut greens.
This title seeks to treat all persons producing cut flowers
and cut greens fairly and to implement any order estab-
lished hereunder equitably in every respect.
(c) OTHER PROGRAMS.—Nothing in this title may be
construed to preempt or supersede any other program re-
lating to cut flowers or cut greens promotion and
consumer information organized and operated under the
laws of the United States or any State.
SEC. 315. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this title and the powers vested in the
Secretary by this title, including regulations relating to the
assessment of late payment charges and interest.
SEC. 316. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for each fiscal year such sums as may be necessary
to carry out this title.
(b) ADMINISTRATIVE
EXPENSES.—Funds appro-
priated under subsection (a) may not be used for payment
of the expenses or expenditures of the PromoFlor Council
in administering any provision of an order issued under
this title.
SEC. 317. SEPARABILITY.
If any provision of this title or the application thereof
to any person or circumstances is held invalid, the validity
of the remainder of the title and of the application of such
provision to other persons and circumstances shall not be
affected thereby.
TITLE 
IV—LIME 
RESEARCH,
PROMOTION, AND CONSUMER
INFORMATION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Lime Research, Pro-
motion, and Consumer Information Improvement Act’’.
SEC. 402. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The Lime Research, Promotion, and
Consumer Information Act of 1990 was enacted on
November 28, 1990, for the purpose of establishing
an orderly procedure for the development and fi-
nancing of an effective and coordinated program of
research, promotion, and consumer information to
strengthen the domestic and foreign markets for
limes.
(2) 
The 
lime 
research, 
promotion, 
and
consumer information order required by such Act be-
came effective on January 27, 1992.
(3) Although the intent of such Act was to
cover seedless limes, the definition of the term
‘‘lime’’ in section 1953(6) of such Act applies to
seeded limes. Therefore, the Act and the order need
to be revised before a research, promotion, and
consumer information program on seedless limes can
go into effect.
(4) Since the enactment of the Lime Research,
Promotion, and Consumer Information Act of 1990,
the United States production of fresh market limes
has plummeted and the volume of imports has risen
dramatically. The drop in United States production
is primarily due to damage to lime orchards in the
State of Florida by Hurricane Andrew in August
1992. United States production is not expected to
reach pre-Hurricane Andrew levels for possibly two
to three years because a majority of the United
States production of limes is in Florida.
(b) PURPOSES.—The purpose of this Act is—
(1) to revise the definition of the term ‘‘lime’’
in order to cover seedless and not seeded limes;
(2) to increase the exemption level;
(3) to delay the initial referendum date; and
(4) to alter the composition of the Lime Board.
SEC. 403. DEFINITION OF LIME.
Section 1953(6) of the Lime Research, Promotion,
and Consumer Information Act of 1990 (7 U.S.C.
6202(6)) is amended by striking ‘‘citrus aurantifolia’’ and
inserting ‘‘citrus latifolia’’.
SEC. 404. REQUIRED TERMS IN ORDERS.
(a) COMPOSITION OF LIME BOARD.—Subsection (b)
of section 1955 of the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6204) is
amended—
(1) in paragraph (1)(A), by striking ‘‘7’’ and
inserting ‘‘3’’;
(2) in paragraph (2)(B), by striking ‘‘7’’ and
inserting ‘‘3’’;
(3) in paragraph (2)(F), by adding at the end
the following new sentence: ‘‘The Secretary shall ter-
minate the initial Board established under this sub-
section as soon as practicable after the date of the
enactment of the Lime Research, Promotion, and
Consumer Information Improvement Act.’’; and
(4) by inserting after paragraph (2)(F) the fol-
lowing new paragraph:
‘‘(G) BOARD ALLOCATION.—The producer
and importer representation on the Board shall
be allocated on the basis of 2 producer mem-
bers and 1 importer member from the district
east of the Mississippi River and 1 producer
member and 2 importer members from the dis-
trict west of the Mississippi River.’’.
(b) TERMS OF MEMBERS.—Subsection (b)(4) of such
section is amended—
(1) by striking ‘‘The Secretary’’ and all that
follows through ‘‘shall—’’ and inserting ‘‘The initial
members of the Board appointed under the amended
order shall serve a term of 30 months. Subsequent
appointments to the Board shall be for a term of 3
years, except that—’’;
(2) in subparagraph (A), by striking ‘‘3’’ and
inserting ‘‘2’’;
(3) in subparagraph (B), by striking ‘‘4’’ and
inserting ‘‘2’’; and
(4) in subparagraph (C), by striking ‘‘4’’ and
inserting ‘‘3’’.
(c) DE MINIMIS EXCEPTION.—Subsection (d)(5) of
such section is amended by striking ‘‘35,000’’ each place
it appears and inserting ‘‘200,000’’.
SEC. 405. INITIAL REFERENDUM.
Section 1960(a) of the Lime Research, Promotion,
and Consumer Information Act of 1990 (7 U.S.C.
6209(a)) is amended by striking ‘‘Not later than 2 years
after the date on which the Secretary first issues an order
under section 1954(a),’’ and inserting ‘‘Not later than 30
months after the date on which the collection of assess-
ments begins under the order pursuant to section
1955(d),’’.
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