Page:United States Statutes at Large Volume 107 Part 3.djvu/345

This page needs to be proofread.

PUBLIC LAW 103-190—DEC. 14, 1993 107 STAT. 2283 (2) SPECIAL COMMITTEES.— (A) IN GENERAL.—For the purposes described in paragraph (1), the order shall authorize the appointment of special committees composed of persons other than PromoFlor Council members. (B) CONSULTATION. —^A committee appointed under subparagraph (A)— (i) may not provide advice or recommendations to a representative of an agency, or an officer, of the Federal Government; and (ii) shall consult directly with the PromoFlor Council. (1) OTHER TERMS OF THE ORDER. —The order shall contain such other terms and provisions, consistent with this Act, as are necessary to carry out this Act (including provision for the assessment of interest and a charge for each late payment of assessments under subsection (h) and for carrying out section 6). SEC. 6. EXCLUSION; DETERMINATIONS. 7 USC 6805. (a) EXCLUSION. — An order shall exclude from assessments under Exports. the order any sale of cut flowers or cut greens for export from the United States. (b) MAKING DETERMINATIONS.— (1) IN GENERAL.—For the purpose of applying the $750,000 annual sales limitation to a specific person in order to determine the status of the person as a qualified handler or an exempt handler under section 3(4), or to a specific facility in order to determine the status of the facility as an eligible separate facility under section 7(b)(2), an order issued under this Act shall provide that— (A) a determination of the annual sales volume of a person or facility shall be based on the sales of cut flowers and cut greens by the person or facility during the most recentl3'^-completed calendar year, except as provided in subparagraph (B); and (B) in the case of a new business or other operation for which complete data on sales during all or part of the most recently-completed calendar year are not available to the PromoFlor Council, the determination may be made using an alternative time period or other alternative procedure specified in the order. (2) RULE OF ATTRIBUTION. — (A) IN GENERAL.— For the purpose of determining the annual sales volume of a person or a separate facility of a person, sales attributable to a person shall include— (i) in the case of an individual, sales attributable to the spouse, children, grandchildren, parents, and grandparents of the person; (ii) in the case of a partnership or member of a partnership, sales attributable to the partnership and other partners of the partnership; (iii) in the case of an individual or a partnership, sales attributable to any corporation or other entity in which the individual or partnership owns more than 50 percent of the stock or (if the entity is not a corporation) that the individual or partnership controls; and