Page:United States Statutes at Large Volume 107 Part 3.djvu/340

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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 provide that the PromoFlor Council shall, as soon as practicable after the order becomes effective and after consultation with the Secretary 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 administer 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 subparagraph (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 under 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 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 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 the order to represent the mark-up of a wholesale handler on a sale to a retailer.