Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993
PL 103-190 (S.994), enacted 12/14/1993

107 STAT. 2266 
PUBLIC LAW 103-190—DEC. 14, 1993 
Public Law 103-190 
lOSd Congress 
An Act 
Dec. 14, 1993 
[S. 994] 
Fresh Cut 
Flowers and 
Fresh Cut 
Greens 
Promotion and 
Information Act 
of 1993. 
7 u s e 6801 note. 
7 u s e 6801. 
To authorize the establishment of a fresh cut flowers and fresh cut greens promotion 
and consumer information program for the benefit of the floricultural industry 
and other persons, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Fresh Cut 
Flowers and Fresh Cut Greens Promotion and Information Act 
of 1993". 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings and declaration of policy. 
Sec. 3. Definitions. 
Sec. 4. Issuance of orders. 
Sec. 5. Required terms in orders. 
Sec. 6. Exclusion; determinations. 
Sec. 7. Referenda. 
Sec. 8. Petition and review. 
Sec. 9. Enforcement. 
Sec. 10. Investigations and power to subpoena. 
Sec. 11. Confidentiality. 
Sec. 12. Authority for Secretary to suspend or terminate order. 
Sec. 13. Construction. 
Sec. 14. Regulations. 
Sec. 15. Authorization of appropriations. 
SEC. 2. FINDINGS AND DECLARATION OF POLICY. 
(a) FINDINGS.—Congress finds that— 
(1) fresh cut flowers and fresh cut greens are an integral 
part of life in the United States, are enjoyed by millions of 
persons every year for a multitude of special purposes (espe-
cially important personal events), and contribute a natural 
and beautiful element to the human environment; 
(2)(A) 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 medium-sized businesses; and 
(B) the production, handling, and marketing of cut flowers 
and cut greens constitute a key segment of the United States 
horticultural industry and thus a significant part of the overall 
agricultural economy of the United States; 
(3) handlers play a vital role in the marketing of cut 
flowers and cut greens in that handlers— 
(A) purchase most of the cut flowers and cut greens 
marketed by producers; 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2267 
(B) prepare the cut flowers and cut greens for retail 
consumption; 
(C) serve as an intermediary between the source of 
the product and the retailer; 
(D) otherwise facilitate the entry of cut flowers and 
cut greens into the current of domestic commerce; and 
(E) add efliciencies to the market process that ensure 
the availability' of a much greater variety of the product 
to retailers and consumers; 
(4) it is widely recognized that it is in the pubUc interest 
and important to the agricultural economy of the United States 
to provide an adequate, steady supply of cut flowers and cut 
greens at reasonable prices to the consumers of the United 
States; 
(5XA) cut flowers and cut greens move in interstate and 
foreign commerce; and 
(B) cut flowers and cut greens that do not move in inter-
state or foreign channels of commerce but only in intrastate 
commerce directly afTect interstate commerce in cut flowers 
and cut greens; 
(6) the maintenance and expansion of markets in existence 
on the date of enactment of this Act, and the development 
of new or improved markets or uses for cut flowers and cut 
greens, are needed to preserve and strengthen the economic 
viability of the domestic cut flowers and cut greens industry 
for the benefit of producers, handlers, retailers, and the entire 
floral industry; 
(7) generic programs of promotion and consumer informa-
tion can be effective in maintaining and developing markets 
for cut flowers and cut greens, and have the advantage of 
equally enhancing the market position for all cut flowers and 
cut greens; 
(8) because cut flowers and cut greens producers are pri-
marily agriculture-oriented rather than promotion-oriented, and 
because the floral msu-keting industry within the United States 
is 
comprised 
mainly 
of 
small-sized 
and 
medium-sized 
businesses, the development and implementation of an ade-
quate and coordinated national program of generic promotion 
and consumer information necessary for the maintenance of 
markets in existence on the date of enactment of this Act 
and the developmeiat of new markets for cut flowers and cut 
greens have been prevented; 
(9) there exist established State and commodity-specific 
producer-funded pn^grams of promotion and research that are 
valuable efforts to expand markets for domestic producers of 
cut flowers and cut greens and that will benefit from the 
promotion and consumer information program authorized by 
this Act in that the program will enhance the market develop-
ment efforts of the programs for domestic producers; 
(10) £ui effective and coordinated method for ensuring 
cooperative and collective action in providing for and financing 
a nationwide program of generic promotion and consumer 
information is needed to ensure that the cut flowers and cut 
greens industry will be able to provide, obtain, and implement 
programs of promotion and consumer information necessary 
to maintain, expand, and develop markets for cut flowers and 
cut greens; and 
107 STAT. 2268 
PUBLIC LAW 103-190—DEC. 14, 1993 
(11) the most efficient method of financing such a nation-
wide program is to assess cut flowers and cut greens at the 
point at which the flowers and greens are sold by handlers 
into the retail market. 
(b) POLICY AND PURPOSE.—It is the policy of Congress that 
it is in the public interest, and it is the purpose of this Act, 
to authorize the establishment, through the exercise of the powers 
provided in this Act, of an orderly procedure for the development 
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 information, and related research 
designed to strengthen the position of the cut flowers and cut 
greens industry in the marketplace and to maintain, develop, and 
expand markets for cut flowers and cut greens. 
7 use 6802. 
SEC. 3. DEFINITIONS. 
As used in this Act: 
(1) 
CONSUMER 
INFORMATION.—The 
term 
"consumer 
information'' means any action or program that provides 
information to consumers and other persons on appropriate 
uses under varied circumstances, and on the care and handling, 
of cut flowers or cut greens. 
(2) CUT FLOWERS AND CUT GREENS.— 
* > i i 
(A) IN GENERAL.— 
(i) CUT FLOWERS.—The term "cut flowers" includes 
all flowers cut fi*om growing plants that are used as 
fresh-cut flowers and that are produced under cover 
or in field operations. 
(ii) CUT GREENS.—^The term "cut greens" includes 
all cultivated or noncultivated decorative foliage cut 
from growing plants that are used as fresh-cut decora-
tive foliage (except Christmas trees) and that are pro-
duced under cover or in field operations. 
(iii) EXCLUSIONS.—^The terms "cut flowers" and 
"cut greens" do not include a foliage plant, floral sup-
ply, or flowering plant. 
(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 a retailer, the PromoFlor Council may determine, 
under procedures specified 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 and that, based on the 
determination, the article shall not be treated as an article 
of cut flowers or cut greens subject to assessment under 
the order. 
(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 from a handler to a retailer or exempt handler. 
(4) HANDLER.— 
(A) QUALIFIED HANDLER.— 
(i) IN GENERAL.^The term "qualified handler" 
means a person (including a cooperative) operating 
in the cut flowers or cut greens marketing system— 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2269 
(I) that sells domestic or imported cut flowers 
or cut greens to retailers and exempt handlers; 
and 
(II) whose annual sales of cut flowers and 
cut greens to ret£dlers and exempt handlers are 
$750,000 or more. 
(ii) INCLUSIONS AND EXCLUSIONS.— 
(I) IN GENERAL.—The term "qualified handler" 
includes— 
(aa) bouquet manufacturers (subject to 
paragraph (2XB)); 
(bb) an auction house that clears the sale 
of cut flowers and cut greens to retailers and 
exempt handlers through a central clearing-
house; and 
(cc) a distribution center that is owned 
or controlled by a retailer if the predominant 
retail business activity of the retailer is floral 
sales. 
(II) TRANSFERS.—For the purpose of determin-
ing sales of cut flowers and cut greens to a retailer 
from a distribution center described in subclause 
(I)(cc), each non-sale transfer to a retailer shall 
be treated as a sale in an amount calculated as 
provided in subparagraph (C). 
(III) TRANSPORTATION OR DELIVERY.—The term 
"qualified handler" does not include a person who 
only physically transports or deUvers cut flowers 
or cut gfreens. 
(iii) CONSTRUCTION.— 
(I) IN GENERAL.—The term "qualified handler" 
includes an importer or producer that sells cut 
flowers or cut greens that the importer or producer 
has imported into the United States or produced, 
respectively, directly to consumers and whose sales 
of the cut flowers and cut greens (as calculated 
under subparagraph (C)), together with sales of 
cut flowers and cut greens to retailers or exempt 
handlers, annually are $750,000 or more. 
(II) SALES.—^Each direct sale to a consumer 
by a qualified handler described in subclause (I) 
shall be treated as a sale to a retailer or exempt 
handler in an amount calculated as provided in 
subparagraph (C). 
(III) DEFINITIONS.—As used in this paragraph: 
(aa) IMPORTER.—^The term "importer" has 
the meaning provided in section 5(b)(2)(B)(i)(I). 
(bb) PRODUCER.—The term "producer" has 
the 
meaning 
provided 
in 
section 
5(b)(2XB)(ii)(I). 
(B) EXEMPT HANDLER.—The term "exempt handler" 
means a person who would otherwise be considered to 
be a qualified handler, except that the annual sales by 
the person of cut flowers and cut ^eens to retailers and 
other exempt handlers are less than $750,000. 
(C) ANNUAL SALES DETERMINED.— 
107 STAT. 2270 
PUBLIC LAW 103-190—DEC. 14, 1993 
(i) IN GENERAL.—Except as provided in clause (ii), 
for the purpose of determining 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 
the cut flowers and cut greens sold. 
(ii) TRANSFERS.— 
(I) NON-SALE TRANSFERS AND DIRECT SALES BY 
iMPORTERS.^Subject to subclause (III), in the case 
of a non-sale transfer of cut flowers or cut greens 
from a distribution center (as described in subpara-
graph (A)(ii)(II)), or a direct sale to a consumer 
by an importer (as described in subparagraph 
(A)(iii)), the amount of the sale shall be equal 
to the sum of— 
(aa) the price paid by the distribution cen-
ter or importer, respectively, to acquire the 
i 
cut flowers or cut greens; £uid 
—
^ 
(bb) an amount determined by multiplying 
the acquisition price referred to in item (aa) 
by a uniform percentage established by an 
order to represent the mark-up of a wholesale 
handler on a sale to a retailer. 
(II) DIRECT SALES BY PRODUCERS.—Subject to 
subclause (III), in the case of a direct sale to a 
consumer by a producer (as described in subpara-
graph (A)(iii)), the amount of the sale shall be 
equal to an amount determined by multipljdng 
the price paid by the consumer by a uniform 
percentage established by an order to represent 
the cost of producing the article and the mark-
up of a wholesale handler on a sale to a retailer. 
(III) CHANGES IN UNIFORM PERCENTAGES.— 
Any change in a uniform percentage referred to 
in subclause (I) or (II) may become effective after— 
(aa) recommendation by the PromoFlor 
, 
Council; and 
(bb) approval by the Secretary £ifl;er public 
notice and opportunity for comment in accord-
ance with section 553 of title 5, United States 
Code, and without regard to sections 556 and 
557 of such title. 
(5) ORDER.—^The term "order" means an order issued under 
"' 
this Act (other than sections 9,10, and 12). 
(6) PERSON.—^The term "person" means any individual, 
group of individuals, firm, partnership, corporation, joint stock 
company, association, society, cooperative, or other legal entity. 
(7) PROMOFLOR COUNCIL.—The term "PromoFlor Council" 
means the Fresh Cut Flowers and Fresh Cut Greens Promotion 
Council established under section 5(b). 
(8) PROMOTION.—The term "promotion" megins any action 
determined by the Secretary to advance the image, desirability, 
or marketability of cut flowers or cut greens, including paid 
advertising. 
(9) 
RESEARCH.—^The term 
"research" 
means 
market 
research and studies limited to the support of advertising, 
market development, and other promotion efforts and consumer 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2271 
information efforts relating to cut flowers or cut greens, includ-
ing educational activities. 
(10) RETAILER.— 
(A) IN GENERAL.—^The term "retailer" means a person 
(such as a retail florist, supermarket, mass market retail 
outlet, or other end-use seller), as described in an order, 
that sells cut flowers or cut greens to consumers, and 
a distribution center described in subparagraph (B)(i). 
(B) DISTRIBUTION CENTERS.— 
(i) IN GENERAL.—^The term "retailer" includes a 
distribution center that is— 
(I) owned or controlled by a person described 
in subparagraph (A), or owned or controlled 
cooperatively by a group of the persons, if the 
predominant retail business activity of the person 
is not floral sales; or 
(II) independently owned but operated pri-
marily to provide food products to retail stores, 
(ii) IMPORTERS AND PRODUCERS.—An independently 
owned distribution center described in clause (i)(II) 
that also is an importer or producer of cut flowers 
or cut greens shall be subject to the rules of construc-
tion specified in paragraph (4)(A)(iii) and, for the pur-
pose of the rules of construction, be considered to be 
the seller of the articles directly to the consumer. 
(11) SECRETARY.—The term "Secretary" means the Sec-
retary of Agriculture. 
(12) STATE.—^The term "State" means each of the several 
States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Marisma Islands, the United States Virgin Islands, 
Guam, American Samoa, the Republic of the Marshall Islands, 
the Federated States of Micronesia, and the Republic of Palau 
(until such time as the Compact of Free Association is ratified). 
(13) UNITED STATES.—The term "United States" means the 
States collectively. 
SEC. 4. ISSUANCE OF ORDERS. 
7 USC 6803. 
(a) IN GENERAL.— 
(1) ISSUANCE.—To effectuate the policy of this Act specified 
in section 2(b), the Secretary, subject to the procedures provided 
in subsection (b), shall issue orders under this Act applicable 
to qualified handlers of cut flowers and cut greens. 
(2) SCOPE,—Any order shall be nationalin scope. 
(3) ONE ORDER.—^Not more than 1 order shsdl be in effect 
at any 1 time. 
(b) PROCEDURES.— 
(1) PROPOSAL FOR AN ORDER.— 
(A) SECRETARY.—^The Secretary may propose the issu-
ance of an order. 
(B) OTHER PERSONS.—^An industry group that rep-
resents a substantial number of the industry members 
who are to be assessed under the order, or any other 
person who will be affected by this Act, may request the 
issuance of, and submit a proposal for, an order. 
(2) PUBLICATION OF PROPOSAL.—The Secretary shall publish 
a proposed order and give notice and opportunity for public 
107 STAT. 2272 
PUBLIC LAW 103-190—DEC. 14, 1993 
comment on the proposed order not later than 60 days after 
the earlier of— 
(A) the date on which the Secretary proposes an order, 
as provided in paragraph (1)(A); and 
(B) the date of the receipt by the Secretary of a proposal 
for an order, as provided in paragraph (1)(B). 
(3) ISSUANCE OF ORDER.— 
(A) IN GENERAL.—^After notice and opportunity for pub-
lic comment are provided in accordance with paragraph 
(2), the Secretary shall issue the order, taking into consider-
ation the comments received and including in the order 
such provisions as are necessary to ensure that the order 
is in conformity with this Act. 
(B) EFFECTIVE DATE.—^The order shgdl be issued and 
become effective not later theui 180 days after pubUcation 
of the proposed order. 
(c) AMENDMENTS.—^The Secretary, from time to time, may 
amend an order. The provisions of this Act appUcable to an order 
shall be applicable to any amendment to an order. 
7 use 6804. 
SEC. 5. REQUIRED TERMS IN ORDERS. 
(a) IN GENERAL.—An order shall contain the terms and provi-
sions specified in this section. 
(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 25 members, to 
administer the order. 
(B) MEMBERSHIP.— 
(i) APPOINTMENT.—^The order shall provide that 
members of the PromoFlor Council shall be appointed 
by the Secretary from nominations submitted as pro-
vided in paragraphs (2) and (3). 
(ii) COMPOSITION.—The PromoFlor Council shall 
consist of— 
(I) participating qualified handlers represent-
ing qualified wholesale handlers and producers 
and importers that are qualified handlers; 
(II) representatives of traditional retailers; and 
(III) representatives of persons who produce 
fresh cut flowers and fresh cut greens. 
(2) DISTRIBUTION OF APPOINTMENTS.— 
(A) IN GENERAL.—The order shall provide that the 
membership of the PromoFlor Council shall consist of— 
(i) 14 members representing quaUfied wholesale 
handlers of domestic or imported cut flowers and cut 
greens; 
(ii) 3 members representing producers that are 
qualified handlers of cut flowers and cut greens; 
(iii) 3 members representing importers that are 
qualified handlers of cut flowers and cut greens; 
(iv) 3 members representing traditional cut flowers 
and cut greens retsdlers; and 
(v) 2 members representing persons who produce 
fi*esh cut flowers and fi*esh cut greens, of whom— 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2273 
(I) 1 member shall represent persons who 
produce the flowers or greens in locations that 
are east of the Mississippi River; and 
(II) 1 member shgul represent persons who 
produce the flowers or greens in locations that 
are west of the Mississippi River. 
(B) DEFINITIONS.—As used in this subsection: 
(i) IMPORTER THAT IS A QUALIFIED HANDLER.—^The 
term "importer that is a qu£dified 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 assessments as a quali-
fied handler under the order. 
(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 production, 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 receiving the cut greens from 
a person who gathers the cut greens for han-
dling; and 
(II) is subject to assessments as a qualified 
handler under the order. 
(iii) QUALIFIED WHOLESALE HANDLER.— 
(I) IN GENERAL.—The term "qualified whole-
sale handler" means a person in business as a 
floral wholesale jobber or floral supplier that is 
subject to assessments as a qualified handler 
under the order. 
(II) DEFINITIONS.—^As used in this clause: 
(aa) FLORAL SUPPLIER.—The term "floral 
supplier" means a person engaged in acquiring 
cut flowers or cut greens to be manufactured 
into floral articles or otherwise processed for 
resale. 
(bb) 
FLORAL WHOLESALE JOBBER.—^The 
term "floral wholesale jobber" means a person 
who conducts a commission or other wholesale 
business in buying £uid selling cut flowers or 
cut greens. 
(C) DISTRIBUTION OF QUALIFIED WHOLESALE HANDLER 
APPOINTMENTS.—^The order shall provide that the appoint-
ments of qualified wholesale handlers to the PromoFlor 
Council made by the Secretary 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 thatr— 
107 STAT. 2274 
PUBLIC LAW 103-190—DEC. 14, 1993 
(A) 2 nominees shall be submitted for each appoint-
ment 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, in accordance with regulations issued by the Sec-
retary; 
(C) nominations for— 
(i) 1 of the retailer appointments shall be made 
by the American Floral Marketing Council or a succes-
sor entity; and 
(ii) 2 of the retailer appointments shall be made 
by traditional retail florist organizations, in accordsmce 
>*sr " 
with regulations issued by the Secretary; 
(D) nominations for each appointment of a representa-
tive of persons who produce fresh cut flowers and fresh 
cut greens shall be made by the persons through an election 
process, in accordance with regulations issued by the Sec-
retary; and 
(E) in any case in which qualified wholesale handlers, 
producers that are qualified handlers, importers that are 
qualified handlers, persons who produce fresh cut flowers 
and fi^sh cut greens, or retailers fail to nominate individ-
uals for an appointment to the PromoFlor Council, the 
Secretary may appoint an individual to fill the vacancy 
on a basis provided in the order or other regulations of 
the Secretary. 
(4) ALTERNATES.—^The order shall provide for the selection 
of alternate members of the PromoFlor Council by the Secretary 
in accordance with 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 3 years, except that, of the initial appointments, 
9 of the appointments shall be for 2-year terms, 8 of the 
appointments shall be for 3-year terms, and 8 of the 
appointments shall be for 4-year terms; 
(B) no member of the PromoFlor Council may serve 
more than 2 consecutive terms of 3 years, except that 
any member serving an initial term of 4 years may serve 
an additional term of 3 years; and 
(C) members of the PromoFlor Council shall serve with-
out compensation, but shall be reimbursed for the expenses 
of the members incurred in performing duties as members 
of the PromoFlor Council. 
(6) EXECUTIVE COMMITTEE.— 
(A) ESTABLISHMENT.— 
(i) IN GENERAL.—^The order shall authorize the 
PromoFlor Council to appoint, from among the mem-
bers of the Council, an executive committee of not 
more than 9 members. 
(ii) INITIAL MEMBERSHIP.—The membership of the 
executive committee initially shall be composed of— 
(I) 4 members representing qualified wholesale 
handlers; 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2275 
(II) 2 members representing producers that 
are qualified handlers; 
(III) 2 members representing importers that 
are qualified handlers; and 
(IV) 1 member representing traditional retail-
ers. 
(iii) SUBSEQUENT MEMBERSHIP.—After the initial 
appointments, each appointment to the executive 
committee shall be made so as to ensure that the 
committee reiflects, to the maximum extent practicable, 
the membership composition of the PromoFlor Council 
as a whole. 
(iv) TERMS.—Each initial appointment to the 
executive committee shall be for a term of 2 years. 
After the initial appointments, each appointment to 
the executive committee shall be for a term of 1 year. 
(B) AUTHORTIT.—^The PromoFlor Council may delegate 
to the executive committee the authority of the PromoFlor 
Council under the order to hire and manage staff and 
conduct the routine business of the PromoFlor Council 
consistent with such policies as are determined by the 
PromoFlor Coimcil. 
(c) GENERAL RESPONSIBILITIES OF THE PROMOFLOR COUNCIL.— 
The order shall define the general responsibiUties of the PromoFlor 
Council, which shall include the responsibility to— 
(1) administer the order in accordance with the terms and 
provisions of the order; 
(2) make rules and regulations to effectuate the terms 
and provisions of the order; 
(3) appoint members of the PromoFlor Council to serve 
on an executive committee; 
(4) employ such persons as the PromoFlor Council deter-
mines are necessary, and set the compensation and define 
the duties of the persons; 
(5)(A) develop budgets for the implementation of the order 
and submit the budgets to the Secretory for approval under 
subsection (d); and 
(B) 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 information, or related research; 
(6XA) implement plans and projects for cut flowers or cut 
greens promotion, consumer information, or related research, 
as provided in subsection (d); or 
(B) contract or enter into agreements with appropriate 
persons to implement the plans and projects, as proviaed in 
subsection (e), and pay the coste of the implementation, or 
contracts and agreements, with funds received under the order; 
(7) evaluate on-going and completed plans and projects 
for cut flowers or cut greens promotion, consumer information, 
or related research; 
(8) receive, investigate, and report to the Secretory com-
plaints of violations of the order; 
(9) recommend to the Secretary amendments to the order; 
(10) invest, pending disbursement under a plan or project, 
funds collected through assessments authorized under this Act 
only in— 
107 STAT. 2276 
PUBLIC LAW 103-190—DEC. 14, 1993 
(A) obligations of the United States or any agency 
of the United States; 
(B) general obligations of any State or any political 
subdivision of a State; 
(C) any interest-bearing account or certificate of deposit 
of a bank that is a member of the Federal Reserve System; 
or 
(D) obligations fully guaranteed as to principal and 
interest by the United States, 
except that income from any such invested funds may be used 
only for a purpose for which the invested funds may be used; 
and 
(11) provide the Secretary such information as the Sec-
retary may require, 
(d) BUDGETS; PLANS AND PROJECTS.— 
(1) SUBMISSION OF BUDGETS.—^The order shall require the 
PromoFlor Council to submit to the Secretary for approval 
budgets, on a fiscal year basis, of the anticipated expenses 
£mid disbursements oi the Council in the implementation of 
the order, including the projected costs of cut flowers and 
cut greens promotion, consumer information, and related 
research plans and projects. 
(2) PLANS AND PROJECTS.— 
(A) 
PROMOTION AND CONSUMER INFORMATION.—^The 
order shall provide— 
(i) for the establishment, implementation, adminis-
tration, and evaluation of appropriate plans and 
projects for advertising, sales promotion, other pro-
motion, and consumer information with respect to cut 
flowers and cut greens, and for the disbursement of 
necessary funds for the purposes described in this 
clause; 
(ii) that any plan or project referred to in clause 
(i) shall be directed toward increasing the general 
demand for cut flowers or cut greens and may not 
make reference to a private brand or trade name, 
point of origin, or source of supply, except that this 
clause shall not preclude the PromoFlor Council from 
ofiFering the plans and projects of the Council for use 
by commercial parties, under terms and conditions pre-
scribed by the PromoFlor Council and approved by 
the Secretary; and 
(iii) that no plan or project may make use of unfair 
or deceptive acts or practices with respect to quahty 
or value. 
(B) RESEARCH.—The order shall provide for— 
(i) the establishment, implementation, administra-
tion, and evaluation of plans and projects for— 
(I) market development research; 
(II) research with respect to the sale, distribu-
tion, marketing, or use of cut flowers or cut greens; 
and 
(III) other research with respect to cut flowers 
or cut greens marketing, promotion, or consumer 
information; 
(ii) the dissemination of the information acquired 
through the plans and projects; and 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2277 
(iii) the (iisbursement of such funds as are nec-
essary to carry out this subparagraph. 
(C) SUBMISSION TO SECRETARY.—The order shall pro-
vide that the PromoFlor Council shall submit to the Sec-
retary for approvsil a proposed plan or project for cut flow-
ers or cut greens promotion, consumer information, or 
related research, as described in subparagraphs (A) and 
(B). 
(3) APPROVAL BY SECRETARY.—^A budget, or plan or project 
for cut flowers or cut greens promotion, consumer information, 
or related research may not be implemented prior to approval 
of the budget, plan, or project by the Secretary. 
(e) CONTRACTS AND AG}REEMENTS.— 
(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 a contract or 
an agreement for the implementation of a 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 of the contract or agreement with 
funds received by the PromoFlor Council under the order. 
(B) REQUIREMENTS.—The order shall provide that any 
contract or agreement entered into under this paragraph 
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 that includes the estimated 
costs to be incurred for 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— 
(I) keep accurate records of all of the trans-
actions of the party; 
(II) account for funds received and expended; 
(III) make periodic reports to the PromoFlor 
Council of activities conducted; and 
(IV) 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 may enter into a contract 
or agreement for administrative services. Any contract or agree-
ment entered into under this paragraph shall include provisions 
comparable to the provisions described in paragraph (1)(B). 
(f) BOOKS AND RECORDS OF THE PROMOFLOR COUNCIL.— 
(1) IN GENERAL.—^The order shall require the PromoFlor 
Council to— 
(A) msiintain such books and records (which shall be 
available to the Secretary for inspection and audit) as 
the Secretary may require; 
(B) prepare and submit to the Secretary, from time Reports. 
to time, such reports as the Secretary may require; and 
(C) account for the receipt and disbursement of all 
funds entrusted to the PromoFlor Council. 
(2) AUDITS.—^The PromoFlor Council shall cause the books 
and records of the Council to be audited by an independent 
107 STAT. 2278 
PUBLIC LAW 103-190—DEC. 14, 1993 
auditor at the end of each fiscal year. A report of each audit 
shall be submitted to the Secretary. 
(g) CONTROL OF ADMINISTRATIVE COSTS.—The order shall pro-
vide that the PromoFlor Council shall, as soon as practicable after 
the order becomes effective and after consultation with the Sec-
retary and other appropriate persons, implement a system of cost 
controls based on normally accepted business practices that will 
ensure that the annual budgets of the PromoFlor Council include 
only amounts for administrative 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. 
(h) ASSESSMENTS.— 
(1) AUTHORITY.-
(A) IN GENERAL.—^The order shall provide that each 
qualified handler shall pay to the PromoFlor Council, in 
the manner provided in the order, an assessment on each 
sale of cut flowers or cut greens to a retailer or an exempt 
handler (including each transaction described in subpara-
graph (C)(ii)), except to the extent that the sale is excluded 
from assessments under section 6(a). 
(B) PUBLISHED LISTS.—To facilitate the payment of 
assessments imder this paragraph, the PromoFlor Council 
shall publish lists of qualified handlers required to pay 
assessments under the order and exempt handlers. 
(C) MAKING DETERMINATIONS.— 
(i) QUALIFIED HANDLER STATUS.—The order shall 
contain provisions regarding the determination of the 
status of a person as a qualified handler or exempt 
handler that include the rules and requirements speci-
;. 
, 
fied 
in sections 3(4) and 6(b). 
(ii) CERTAIN COVERED TRANSACTIONS.— 
,,, 
(I) IN GENERAL.—The order shall provide that 
j 
each non-sale transfer of cut flowers or cut greens 
to a retailer from a quaUfied handler that is a 
distribution 
center 
(as 
described 
in 
section 
3(4)(A)(ii)(II)), and each direct sale of cut flowers 
or cut greens to a consumer by a qualified handler 
that is an importer or a producer (as described 
in section 3(4)(A)(iii)), shall be treated as a sale 
of cut flowers or cut greens to a retailer subject 
to assessments under this subsection. 
(II) AMOUNT OF SALE IN THE CASE OF NON-
SALE TRANSFERS AND DIRECT SALES BY IMPORT-
ERS.—Subject to subclause (IV), in the case of a 
non-sale transfer of cut flowers or cut greens from 
a distribution center, or a direct sale to a consumer 
by an importer, the amoimt of the sale shall be 
equal to the sum of— 
(aa) the price paid by the distribution cen-
ter or importer, respectively, to acquire the 
cut flowers or cut greens; and 
(bb) an amount determined by multipl3dng 
the acquisition price referred to in item (aa) 
by a uniform percentage established by the 
order to represent the mark-up of a wholesale 
handler on a sale to a retailer. 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2279 
(III) DIRECT SALES BY PRODUCERS.—Subject to 
subclause (IV), in the case of a direct sale to a 
consumer by a producer, the amount of the sale 
shall be equal to an amount determined by mul-
tiplying the price paid by the consumer by a uni-
form percentage established by the order to rep-
resent the cost of producing the article and the 
mark-up of a wholesale handler on a sale to a 
retailer. 
(IV) CHANGES IN UNIFORM PERCENTAGES.—Any 
change in a uniform percentage referred to in 
subclause (II) or (III) may become effective after— 
(aa) recommendation by the PromoFlor 
Council; and 
(bb) approval by the Secretary after public 
notice and opportunity for comment in accord-
ance with section 553 of title 5, United States 
Code, and without regard to sections 556 and 
557 of such title. 
(2) ASSESSMENT RATES.—^With respect to assessment rates, 
the order shall contain the following terms: 
(A) INITIAL RATE.—During the first 3 years the order 
is in effect, the rate of assessment on each sale or transfer 
of cut flowers or cut greens shall be V2 of 1 percent of— 
(i) the gross sales price of the cut flowers or cut 
greens sold; or 
(ii) in the case of transactions described in para-
graph (l)(C)(ii), the amount of each transaction cal-
culated as provided in paragraph (l)(C)(ii). 
(B) CHANGESI IN THE RATE.— 
(i) IN GENERAL.—^Afler the first 3 years the order 
is in effect, the uniform assessment rate may be 
increased or decreased annually by not more than .25 
percent o
f
—
• 
(I) the gross sales price of a product sold; 
or 
(II) in the case of transactions described in 
paragraph (l)(C)(ii), the amount of each trans-
action 
calculated 
as 
provided 
in 
paragraph 
(l)(C)(ii), 
except that the assessment rate may in no case exceed 
1 percent of the gross sales price or 1 percent of the 
transaction amount. 
(ii) REQUIREMENTS.—^Any change in the rate of 
assessment under this subparagraph— 
(I) may be made only if adopted by the 
PromoFlor Council by at least a % majority vote 
and approved by the Secretary as necessary to 
achieve the objectives of this Act (after public 
notice and opportunity for comment in accordance 
with section 553 of title 5, United States Code, 
and without regard to sections 556 and 557 of 
such title); 
(II) shall be announced by the PromoFlor 
Council not less than 30 days prior to going into 
effect; and 
107 STAT. 2280 
PUBLIC LAW 103-190—DEC. 14, 1993 
(III) shall not be subject to a vote in a referen-
dum conducted under section 7. 
(3) TIMING OF SUBMITTING ASSESSMENTS.—The order shall 
provide that each person required to pay assessments under 
this subsection shall remit, to the PromoFlor Council, the 
assessment due from each sale by the 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 after the 
end of the month in which the sale took place) as is specified 
in the order. 
(4) REFUNDS FROM ESCROW ACCOUNT.— 
(A) ESTABLISHMENT OF ESCROW ACCOUNT.—The order 
shall provide that the PromoFlor Council shall— 
(i) establish an escrow account to be used for 
assessment refunds, as needed; and 
(ii) place into the account an amount equal to 
10 percent of the total amount of assessments collected 
during the period beginning on the date the order 
becomes effective, as provided in section 4(bX3XB), and 
ending on the date the initial referendum on the order 
under section 7(a) is completed. 
(B) RIGHT TO RECEIVE REFUND.— 
(i) IN GENERAL.—^The order shall provide that, sub-
ject to subparagraph (C) and the conditions specified 
in clause (ii), any qualified handler shall have the 
right to demand and receive from the PromoFlor Coun-
cil out of the escrow account a one-time refund of 
any assessments paid by or on behalf of the qualified 
handler during the time period specified in subpara-
graph (AXii), if— 
(I) the qualified handler is required to pay 
the assessments; 
(II) the qualified handler does not support the 
program established imder this Act; 
(III) the qualified handler demands the refund 
prior to the conduct of the referendum on the 
order under section 7(a); and 
(IV) the order is not approved by qualified 
handlers in the referendum. 
(ii) CONDITIONS.—The right of a qualified handler 
to receive a refund under clause (i) shall be subject 
to the following conditions: 
(I) The demand shall be made in accordance 
with regulations, on a form, and within a time 
period specified by the PromoFlor Council. 
(II) The refund shall be made only on submis-
sion of proof satisfactory to the PromoFlor Council 
that the qualified handler paid the assessment 
for which the refund is demanded. 
(III) If the amount in the escrow account 
required under subparagraph (A) is not sufficient 
to refund 
the total 
amount 
of 
assessments 
demanded by £dl qualified handlers determined 
eligible for refiinds and the order is not approved 
in the referendum on the order under section 7(a), 
the PromoFlor Council shall prorate the amount 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2281 
of all such refunds among all eligible qualified 
handlers that demand the refund. 
(C) PROGRAM APPROVED.—The order shall provide that, 
if the order is approved in the referendum conducted under 
section 7(a), there shall be no refunds made, and all funds 
in the escrow account shall be returned to the PromoFlor 
Council for use by the PromoFlor Council in accordance 
with the other provisions of the order. 
(5) USE OF ASSESSMENT FUNDS.—The order shall provide 
that assessment funds (less any refunds expended under the 
terms of the order required imder paragraph (4)) shall be 
used for payment of costs incurred in implementing and admin-
istering the order, with provision for a reasonable reserve, 
and to cover the administrative costs incurred by the Secretary 
in implementing and administering this Act. 
(6) POSTPONEMENT OF COLLECTIONS.— 
(A) AUTHORITY.— 
(i) IN GENERAL.—Subject to the other provisions 
of this paragraph and notwithstanding any other provi-
sion of this Act, the PromoFlor Council may grant 
a postponement of the payment of an assessment under 
this subsection for any qualified handler that estab-
lishes that the handler is financially unable to make 
the pajmient. 
(ii) REQUIREMENTS AND PROCEDURES.—A handler 
described in clause (i) shall establish that the handler 
is financially unable to make the pa3anent in accord-
ance with application and documentation requirements 
and review procedures established under rules rec-
ommended by the PromoFlor Council, approved by the 
Secretary, and issued after public notice and oppor-
tunity for comment in accordance with section 553 
of title 5, United States Code, and without regard 
to sections 556 and 557 of such title. 
(B) CRITERL\ AND RESPONSIBILITY FOR DETERMINA-
TIONS.—^The PromoFlor Council may grant a postponement 
under subparagraph (A) only if the handler demonstrates 
by the submission of an opinion of an independent certified 
public accountant, and by submission of other documenta-
tion required under the rules established luider subpara-
graph (AXii), that the handler is insolvent or will be unable 
to continue to operate if the handler is required to pay 
the assessment when otherwise due. 
(C) PERIOD OF POSTPONEMENT.— 
(i) IN GENERAL.—^The time period of a postpone-
ment and the terms and conditions of the payment 
of each assessment that is postponed under this para-
graph shall be established by the PromoFlor Council, 
in accordance with rules established under the proce-
dures specified in subparagraph (A)(ii), so as to appro-
priately reflect the demonstrated needs of the qualified 
handler. 
(ii) 
EXTENSIONS.—^A 
postponement 
may 
be 
extended under rules established under the procedures 
specified in subparagraph (A)(ii) for the grant of initial 
postponements. 
107 STAT. 2282 
PUBLIC LAW 103-190—DEC. 14, 1993 
(i) 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 government action or policy, except 
that the funds may be used by the PromoFlor Council for the 
development and recommendation to the Secretary of amendments 
to the order. 
(j) BOOKS AND RECORDS; REPORTS.— 
(1) IN GENERAL.—^The order shall provide that each quali-
fied handler shall maintain, and make available for inspection, 
such books and records as are required by the order and file 
reports at the time, in the manner, and having the content 
required bv the order, to the end that such information is 
made available to the Secretary and the PromoFlor Council 
as is appropriate for the administration or enforcement of this 
Act, the order, or any regulation issued imder this Act. 
(2) CONFIDENTIALITY REQUIREMENT.— 
(A) IN GENERAL.—Information obtained from books, 
records, or reports under paragraph (1) or subsection (h)(6), 
or from reports required under section 6(b)(3), shall be 
kept confidential by all officers and employees of the 
Department of Agriculture and by the staff and agents 
of the PromoFlor Council. 
(B) SUITS AND HEARINGS.—Information described in 
subparagraph (A) may be disclosed to the public only— 
(i) in a suit or administrative hearing broiight 
at the request of the Secretary, or to which the Sec-
- retary or any officer of the United States is a party, 
involving the order; and 
(ii) to the extent the Secretary considers the 
information relevant to the suit or hearing. 
(C) GENERAL STATEMENTS AND PUBLICATIONS.—Noth-
ing in this paragraph may be construed to prohibit— 
(i) the issuance of general statements, based on 
the reports, of the number of persons subject to the 
order or statistical data collected from the reports, 
if the statements do not identify the information fur-
nished by any person; or 
(ii) the publication, by direction of the Secretary, 
of the name of any person who violates the order, 
together with a statement of the particular provisions 
of the order violated by the person. 
(3) LISTS OF IMPORTERS.— 
(A) RE^VIEW.-The order shall provide that the staff 
of the PromoFlor Council shall periodically review Ksts 
of importers of cut flowers and cut greens to determine 
whether persons on the lists are subject to the order. 
(B) 
CUSTOMS SERVICE.—On the request of the 
PromoFlor Council, the Commissioner of the United States 
Customs Service shall provide to the PromoFlor Council 
lists of importers of cut flowers and cut greens. 
(k) CONSULTATIONS WITH INDUSTRY EXPERTS.— 
(1) IN GENERAL.—The order shall provide that the 
PromoFlor Council, from time to time, may seek advice from 
and consult with experts from the production, import, whole-
sale, and retail segments of the cut flowers and cut greens 
industry to assist in the development of promotion, consumer 
information, and related research plans and projects. 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2283 
(2) SPECIAL COMMITTEES.— 
(A) IN GENERAL.—For the purposes described in para-
graph (1), the order shall authorize the appointment of 
special committees composed of persons other 
than 
PromoFlor Council members. 
(B) CONSULTATION.—^A committee appointed under 
subparagraph (A)— 
(i) may not provide advice or recommendations 
to a representative of an agency, or an officer, of the 
Federal Government; and 
(ii) shall consult directly with the PromoFlor Coun-
cil. 
(1) OTHER TERMS OF THE ORDER.—The order shall contain such 
other terms and provisions, consistent with this Act, as are nec-
essary to carry out this Act (including provision for the assessment 
of interest and a charge for each late payment of assessments 
under subsection (h) and for carrying out section 6). 
SEC. 6. EXCLUSION; DETERMINATIONS. 
7 USC 6805. 
(a) EXCLUSION.—^An order shall exclude from assessments under 
Exports. 
the order any sale of cut flowers or cut greens for export from 
the United States. 
(b) MAKING DETERMINATIONS.— 
(1) IN GENERAL.—For the purpose of applying the $750,000 
annual sales limitation to a specific person in order to deter-
mine the status of the person as a qualified handler or an 
exempt handler under section 3(4), or to a specific facility 
in order to determine the status of the facility as an eligible 
separate facility under section 7(b)(2), an order issued under 
this Act shall provide that— 
(A) a determination of the annual sales volume of 
a person or facility shall be based on the sales of cut 
flowers and cut greens by the person or facility during 
the most recentl3'^-completed calendar year, except as pro-
vided in subparagraph (B); and 
(B) in the case of a new business or other operation 
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 determination may be made 
using an alternative time period or other alternative proce-
dure specified in the order. 
(2) RULE OF ATTRIBUTION.— 
(A) IN GENERAL.—^For the purpose of determining the 
annual sales volume of a person or a separate facility 
of a person, sales attributable to a person shall include— 
(i) in the case of an individual, sales attributable 
to the spouse, children, grandchildren, parents, and 
grandparents of the person; 
(ii) in the case of a partnership or member of 
a partnership, sales attributable to the partnership 
and other partners of the partnership; 
(iii) in the case of an individual or a partnership, 
sales attributable to any corporation or other entity 
in which the individual or partnership owns more than 
50 percent of the stock or (if the entity is not a corpora-
tion) that the individual or partnership controls; and 
107 STAT. 2284 
PUBLIC LAW 103-190—DEC. 14, 1993 
(iv) in the case of a corporation, sedes attributable 
to any corporate 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 corpora-
tion) that the corporation controls. 
(B) STOCK AND OWNERSHIP INTEREST.—For the purpose 
of this paragraph, 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. 
(3) REPORTS.—For the purpose of this subsection, the order 
may require a person who sells cut flowers or cut greens to 
retailers to submit reports to the PromoFlor Council on annual 
sales by the person. 
7USC6806. 
SEC. 7. REFERENDA. 
:
>
;
.
: 
= 
(a) REQUIREMENT FOR INITIAL REFERENDUM.— 
(1) IN GENERAL.—^Not later than 3 years after the issuance 
of an order under section 4(b)(3), the Secretary shall conduct 
a referendum among qualified hemdlers required to pay assess-
ments under the order, as provided in section 5(h)(1), subject 
to the voting requirements of subsection (b), to ascertain 
whether the order then in eflect 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 majority 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 eligible to vote 
in a referendum conducted under this section shall be entitled 
to cast 1 vote for each separate facihty of the person that 
is an eligible separate facility, as defined in paragraph (2). 
(2) ELIGIBLE SEPARATE FACILITY.—For the purpose of para-
graph (1): 
(A) SEPARATE FACILITY.—^A handling or marketing facil-
ity of a qualified handler shall be considered to be a sepa-
rate facility if the facility is physicsdly located away from 
other facilities of the qualified handler or the business 
*'• 
function of the facility is substantially different from the 
functions of other facilities owned or operated by the quali-
fied handler. 
(B) ELIGIBILITY.—A separate facility of a qualified han-
dler shall be considered to be an eligible separate facility 
if the annual sales of cut flowers and cut greens to retailers 
and exempt handlers fix)m the facility are $750,000 or 
more. 
(C) ANNUAL SALES DETERMINED.—For the purpose of 
determining the amount of annual sales of cut flowers 
and cut greens under subparagraph (B), subparagraphs 
(A) and (C) of section 3(4) shall apply. 
(c) SUSPENSION OR TERMINATION REFERENDA.—If an order is 
approved in a referendum conducted under subsection (a), effective 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2285 
beginning on the date that is 3 years after the date of the approval, 
the Secretary— 
(1) at the discretion of the Secretary, may conduct at any 
time a referendum of quaUfied handlers required to pay assess-
ments under the order, as provided in section 5(h)(1), subject 
to the voting requirements of subsection (b), to ascertain 
whether qualified hsuidlers favor suspension or termination 
of the order; and 
(2) if requested by the PromoFlor Council or by a represent-
ative group comprisiing 30 percent or more of all quaUfied 
handlers required to pay assessments under the order, as pro-
vided in section 5(h)(1), shall conduct a referendum of all quali-
fied handlers required to pay assessments under the order, 
as provided in section 5(h)(1), subject to the voting requirements 
of subsection (b), to ascertain whether qualified nandlers favor 
suspension or termination of the order. 
(d) SUSPENSION OR TERMINATION.—^If, as a result of the referen-
dum 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 
termination of the order is favored by a simple majority of all 
votes cast in the referendum, the Secretary shall— 
(1) not later than 180 days after the referendum, suspend 
or terminate, as appropriate, collection of assessments imder 
the order; and 
(2) suspend or terminate, as appropriate, activities under 
the order as soon as practicable and in an orderly manner. 
(e) MANNER OF CONDUCTING REFERENDA.—Referenda under 
this section shall be conducted in such manner as is determined 
appropriate by the Secretary. 
SEC. 8. PETITION AND REVIEW. 
7 USC 6807. 
(a) PETITION AND HEARING.— 
(1) PETITION.—^A person subject to an order may file with 
the Secretary a petition— 
(A) stating that the order, any provision of the order, 
or any obligation imposed in connection with the order 
is not in accordance with law; and 
(B) requesting a modification of the order or an exemp-
tion from the order. 
(2) HEARING.—^The petitioner shall be given the opportunity 
for a hearing on a petition filed under paragraph (1), in accord-
ance with regulations issued by the Secretary. Any such hearing 
shall be conducted in accordance with section 10(b)(2) and 
be held within the United States judicial district in which 
the residence or principal place of business of the person is 
located. 
(3) RULING.—^After a hearing under paragraph (2), the Sec-
retary shall make a ruUng on the petition, 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 who is a 
petitioner under subsection (a) resides or conducts business 
shall have jurisdiction to review the ruling of the Secretary 
on the petition of the person, if a compMnt requesting the 
107 STAT. 2286 
PUBLIC LAW 103-190—DEC. 14, 1993 
review is jRled not later than 20 days after the date of the 
entry of the ruling by the Secretary. 
(2) PROCESS.—Service of process in proceedings under this 
subsection shall be conducted in accordance with the Federal 
Rules of Civil Procedure. 
(3) REMAND.—If the court in a proceeding under this sub-
section determines that the ruling of the Secretary on the 
petition of the person is not in accordance with law, the court 
shall remand the matter to the Secretary with directions— 
(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.—^The pendency of proceedings instituted 
under this section shall not impede, hinder, or delay the Attorney 
Greneral or the Secretary from obtaining relief under section 9. 
7 use 6808. 
SEC. 9. ENFORCEMENT. 
(a) JURISDICTION.—^A district court of the United States shall 
have jurisdiction to enforce, and to prevent and restrain any person 
from violating, this Act or an order or regulation issued by the 
Secretary under this Act. 
(b) REFERRAL TO ATTORNEY GENERAL.—A civil action 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 Act, or an 
order or regulation issued under this Act, if the Secretary believes 
that the administration and enforcement of this Act would be ade-
quately 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) IN GENERAL.—^A person who violates a provision 
•-' • 
of this Act, or an order or regulation issued by the Secretary 
imder this Act, or who fails or refuses to pay, collect, 
or remit any ^sessment or fee required o A ^ e person 
under an order or regulation issued under this Act, may 
be assessed by the Secretary— 
(i) a civil penalty of not less than $500 nor more 
than $5,000 for each violation; and 
(ii) in the case of a willful failure to remit an 
assessment as required by an order or regulation, an 
additional penalty equal to the amount of the assess-
ment. 
(B) SEPARATE OFFENSES.—Each violation shall be a 
separate offense. 
(2) 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 Act, or an order or regulation issued under 
this Act. 
(3) 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 assessed or the order is issued notice and oppor-
tunity for a hearing before the Secretary with respect to the 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2287 
violation. Any such hearing shall be conducted in accordance 
with section 10(bX2) and shall be held within the United States 
judicial district in which the residence or principal place of 
business of the person is located. 
(4) 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.— 
(A) IN GENERAL.—^Any person against whom a violation 
is found and a civil penalty is assessed or a cease and 
desist order is issued under subsection (c) may obtain 
review of the penalty or order by, within the 30-day period 
beginning on the date the penalty is assessed or order 
issued— 
(i) filing a notice of appeal in the district court 
of the United States for the district in which the person 
resides or conducts business, or in the United States 
District Court for the District of Columbia; and 
(ii) sending a copy of the notice by certified mail 
to the Secretary. 
(B) COPY OF RECORD.—The Secretary shall promptly 
file in the couri; a certified copy of the record on which 
the Secretary found that the person had conunitted a viola-
tion. 
(2) 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.— 
(1) IN GENERAL.—^A person who 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 nas 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). 
(2) SEPARATE VIOLATIONS.—Each day during which the per-
son fails to obey an order described in paragraph (1) shall 
be considered as a separate violation of the order. 
(f) FAILURE TO PAY A PENALTY.— 
(1) IN GENERAL.—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 entered final judgment in favor of the Sec-
retary, the Secretary shall refer the matter to the Attorney 
Greneral for recovery of the amount assessed in any United 
States district couri. in which the person resides or conducts 
business. 
(2) SCOPE OF REVIEW.—In an action by the Attorney (Gen-
eral under paragraph (1), the validity £uid appropriateness of 
the civil penalty shall not be subject to review. 
(g) ADDITIONAL REMEDIES.—^The remedies provided in this Act 
shall be in addition to, and not exclusive of, other remedies that 
may be available. 
107 STAT. 2288 
PUBLIC LAW 103-190—DEC. 14, 1993 
7 use 6809. 
SEC. 10. INVESTIGATIONS AND POWER TO SUBPOENA. 
(a) INVESTIGATIONS.—^The Secretary may make such investiga-
tions as the Secretary considers necessary for the effective adminis-
tration of this Act, or to determine whether any person has engaged 
or is engaging in any act that constitutes a violation of this Act 
or any order or regulation issued under this Act. 
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— 
(1) INVESTIGATIONS.—For the purpose of making an inves-
tigation under subsection (a), the Secretary may administer 
oaths and affirmations, and issue subpoenas to require the 
production of any records that are relevant to the inquiry. 
The production of the records may be required from any place 
in the United States. 
(2) ADMINISTRATIVE HEARINGS.—^For the purpose of an 
administrative hearing held under section 8(aX2) or 9(cX3), 
the presiding officer may administer oaths and affirmations, 
subpoena witnesses, compel the attendance of witnesses, take 
evidence, and require the production of any records that are 
relevant to the inquiry. The attendance of witnesses and the 
production of the records may be required from any place 
in the United Sta'tes. 
(c) AID OF COURTS.— 
(1) IN GENERAL.—In the case of contumacy by, or refusal 
to obey a subpoena issued under subsection (b) to, any person, 
the Secretary may invoke the aid of any court of the United 
States within the jurisdiction of which the investigation or 
proceeding is conducted, or where the person resides or conducts 
business, in order to enforce a subpoena issued under subsection 
(b). 
(2) ORDER.—^The court may issue an order requiring the 
person referred to in paragraph (1) to comply with a subpoena 
referred to in paragraph (1). 
(3) FAILURE TO OBEY.—Any failure to obey the order of 
the court may be punished by the court as a contempt of 
court. 
(4) PROCESS.—^Process in any proceeding under this sub-
section may be served in the United States judicial district 
^ 
in which the person being proceeded against resides or conducts 
business or wherever the person may be found. 
7 use 6810. 
SEC. 11. CONFIDENTIALITY. 
(a) PROHIBITION.—^No information on how a person voted in 
a referendum conducted under this Act shall be made public. 
(b) PENALTY.—Any person who knowingly violates subsection 
(a) or the confidentiality terms of an order, as described in section 
, 
5(j)(2), shall be subject to a fine of not less than $1,000 nor more 
than $10,000 or to imprisonment for not more than 1 year, or 
both. If the person is an officer or employee of the Department 
of Agriculture or the PromoFlor Coimcil, the person shall be 
removed from office. 
(c) ADDITIONAL PROHIBITION.—No information obtained under 
this Act may be made available to any agency or officer of the 
Federal Government for any purpose other than the implementation 
of this Act or an investigatory or enforcement action necessary 
for the implementation of this Act. 
PUBLIC LAW 103-190—DEC. 14, 1993 
107 STAT. 2289 
(d) WITHHOLDING INFORMATION FROM CONGRESS PROHIBITED.— 
Nothing in this Act shall be construed to authorize the withholding 
of information from Congress. 
SEC. 12. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE 
7 USC 6811. 
ORDER. 
If the Secretary finds that an order, or any provision of the 
order, obstructs or does not tend to effectuate the policy of this 
Act specified in section 2(b), the Secretary shall terminate or sus-
pend the operation of the order or provision under such terms 
as the Secretary determines are appropriate. 
SEC. 13. CONSTRUCTION. 
7 USC 6812. 
(a) TERMINATION OR SUSPENSION NOT AN ORDER.—The termi-
nation or suspension of £ui order, or a provision of an order, shall 
not be considered an order under the meaning of this Act. 
(b) PRODUCER RIGHTS.—This Acl^ 
(1) may not be construed to provide for control of production 
or otherwise limit the right of individual cut flowers and cut 
greens producers to produce cut flowers and cut greens; and 
(2) shall be construed to treat all persons producing cut 
flowers and cut greens fairly and to implement any order in 
an equitable manner. 
(c) OTHER PROGRAMS.—^Nothing in this Act may be construed 
to preempt or supersede any other program relating to cut flowers 
or cut greens promotion and consumer information organized and 
operated under the laws of the United States or a State. 
SEC. 14. REGULATIONS. 
7 USC 6813. 
The Secretary may issue such regulations as are necessary 
to carry out this Act and the powers vested in the Secretary by 
this Act, including regulations relating to the assessment of late 
payment charges and interest. 
SEC. 15. AUTHORIZATION OF APPROPRIATIONS. 
7 USC 6814. 
(a) IN GENERAL.—^There are authorized to be appropriated for 
each fiscal year such sums as are necessary to carry out this 
Act. 
(b) ADMINISTRATIVE EXPENSES.—Funds appropriated under sub-
section (a) may not be used for the payment of the expenses or 
107 STAT. 2290 
PUBLIC LAW 103-190—DEC. 14, 1993 
expenditures of the PromoFlor Council in administering a provision 
of an order. 
Approved December 14, 1993. 
LEGISLATIVE HISTORY—S. 994 (H.R. 3515): 
HOUSE REPORTS: No. 103-394 accompanying H.R. 3515 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Nov. 20, S. 994 considered and passed Senate. H.R. 3515 considered and passed 
House. 
Nov. 21, S. 994 considered and passed House.