Page:United States Statutes at Large Volume 107 Part 3.djvu/341

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PUBLIC LAW 103-190—DEC. 14, 1993 107 STAT. 2279 (III) DIRECT SALES BY PRODUCERS.— Subject to subclause (IV), in the case of a direct sale to a consumer by a producer, 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 the order to represent the cost of producing the article and the mark-up of a wholesale handler on a sale to a retailer. (IV) CHANGES IN UNIFORM PERCENTAGES.— Any change in a uniform percentage referred to in subclause (II) or (III) may become effective after— (aa) recommendation by the PromoFlor Council; and (bb) approval by the Secretary after 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. (2) ASSESSMENT RATES.—With respect to assessment rates, the order shall contain the following terms: (A) INITIAL RATE.— During the first 3 years the order is in effect, the rate of assessment on each sale or transfer of cut flowers or cut greens shall be V2 of 1 percent of— (i) the gross sales price of the cut flowers or cut greens sold; or (ii) in the case of transactions described in paragraph (l)(C)(ii), the amount of each transaction calculated as provided in paragraph (l)(C)(ii). (B) CHANGESI IN THE RATE. — (i) IN GENERAL. — Afler the first 3 years the order is in effect, the uniform assessment rate may be increased or decreased annually by not more than.25 percent of—• (I) the gross sales price of a product sold; or (II) in the case of transactions described in paragraph (l)(C)(ii), the amount of each transaction calculated as provided in paragraph (l)(C)(ii), except that the assessment rate may in no case exceed 1 percent of the gross sales price or 1 percent of the transaction amount. (ii) REQUIREMENTS. — Any change in the rate of assessment under this subparagraph— (I) may be made only if adopted by the PromoFlor Council by at least a % majority vote and approved by the Secretary as necessary to achieve the objectives of this Act (after 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); (II) shall be announced by the PromoFlor Council not less than 30 days prior to going into effect; and