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 subparagraphs (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 subparagraph (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 center or importer, respectively, to acquire the i cut flowers or cut greens; and —^ (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 subparagraph (A)(iii)), the amount of the sale shall be equal to an amount determined by multiplying the price paid by the consumer by a uniform percentage established by an order to represent the cost of producing the article and the markup 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 afl;er 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. (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
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