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 to ascertain whether or not the order then
in effect shall be continued.
(2) APPROVAL OF ORDER NEEDED.—The order
shall be continued only if the Secretary determines
that the order has been approved by a simple 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 may
cast one vote for each separate facility of the person
that is an eligible separate facility, as determined
under 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
handler.
(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.—Sub-
paragraphs (A) and (C) of section 303(4) shall
apply for purposes of determining the amount
of annual sales of cut flowers and cut greens
under subparagraph (B).
(c) SUSPENSION OR TERMINATION REFERENDA.—
Effective beginning three years after the date on which
an order issued under this title is approved in a referen-
dum 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 to ascer-
tain whether or not qualified handlers favor suspen-
sion or termination of the order; and
(2) whenever requested by the PromoFlor
Council or by a representative group comprising 30
percent or more of all qualified handlers required to
pay assessments under the order, shall conduct a
referendum of all qualified handlers required to pay
such assessments to ascertain whether or not quali-
fied handlers favor suspension or termination of the
order.
(d) SUSPENSION OR TERMINATION.—If, as a result
of the referendum conducted under subsection (a), 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.—The Sec-
retary shall refer to the Attorney General for appropriate
action all cases of a violation of this title or an order or
regulation made or issued by the Secretary under this
title, except that the Secretary is not required to refer to
the Attorney General such a violation if the Secretary be-
lieves that the administration 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 committed 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-