Page:United States Statutes at Large Volume 107 Part 3.djvu/335

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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 shall 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 qualified 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 handling; and (II) is subject to assessments as a qualified handler under the order. (iii) QUALIFIED WHOLESALE HANDLER. — (I) IN GENERAL. —The term "qualified wholesale 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 and selling cut flowers or cut greens. (C) DISTRIBUTION OF QUALIFIED WHOLESALE HANDLER APPOINTMENTS. — The order shall provide that the appointments 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—