Page:United States Statutes at Large Volume 107 Part 3.djvu/330

This page needs to be proofread.


107 STAT. 2268 PUBLIC LAW 103-190—DEC. 14, 1993 (11) the most efficient method of financing such a nationwide 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 USC 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. —

  • >ii

(A) IN GENERAL.— (i) CUT FLOWERS.—The term "cut flowers" includes all flowers cut from 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 decorative foliage (except Christmas trees) and that are produced under cover or in field operations. (iii) EXCLUSIONS. — The terms "cut flowers" and "cut greens" do not include a foliage plant, floral supply, 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—