Page:United States Statutes at Large Volume 107 Part 3.djvu/333

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PUBLIC LAW 103-190—DEC. 14, 1993 107 STAT. 2271 information efforts relating to cut flowers or cut greens, including 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 primarily 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 construction specified in paragraph (4)(A)(iii) and, for the purpose 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 Secretary 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 shall be in effect at any 1 time. (b) PROCEDURES.— (1) PROPOSAL FOR AN ORDER.— (A) SECRETARY. —The Secretary may propose the issuance of an order. (B) OTHER PERSONS. —An industry group that represents 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