Page:United States Statutes at Large Volume 107 Part 3.djvu/346

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107 STAT. 2284 PUBLIC LAW 103-190—DEC. 14, 1993 (iv) in the case of a corporation, sedes attributable to any corporate subsidiary or other corporation or entity in which the corporation owns more than 50 percent of the stock or (if the entity is not a corporation) that the corporation controls. (B) STOCK AND OWNERSHIP INTEREST.— For the purpose of this paragraph, stock or an ownership interest in an entity that is owned by the spouse, children, grandchildren, parents, grandparents, or partners of an individual, or by a partnership in which a person is a partner, or by a corporation more than 50 percent of the stock of which is owned by a person, shall be treated as owned by the individual or person. (3) REPORTS. — For the purpose of this subsection, the order may require a person who sells cut flowers or cut greens to retailers to submit reports to the PromoFlor Council on annual sales by the person. 7 USC 6806. SEC. 7. REFERENDA.


= (a) REQUIREMENT FOR INITIAL REFERENDUM.— (1) IN GENERAL. —Not later than 3 years after the issuance of an order under section 4(b)(3), the Secretary shall conduct a referendum among qualified hemdlers required to pay assessments under the order, as provided in section 5(h)(1), subject to the voting requirements of subsection (b), to ascertain whether the order then in eflect shall be continued. (2) APPROVAL OF ORDER NEEDED.— The order shall be continued only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum. If the order is not approved, the Secretary shall terminate the order as provided in subsection (d). (b) VOTES PERMITTED,— (1) IN GENERAL.— Each qualified handler eligible to vote in a referendum conducted under this section shall be entitled to cast 1 vote for each separate facihty of the person that is an eligible separate facility, as defined in paragraph (2). (2) ELIGIBLE SEPARATE FACILITY.—For the purpose of paragraph (1): (A) SEPARATE FACILITY.—^A handling or marketing facility of a qualified handler shall be considered to be a separate facility if the facility is physicsdly located away from other facilities of the qualified handler or the business

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function of the facility is substantially different from the functions of other facilities owned or operated by the qualified handler. (B) ELIGIBILITY.— A separate facility of a qualified handler shall be considered to be an eligible separate facility if the annual sales of cut flowers and cut greens to retailers and exempt handlers fix)m the facility are $750,000 or more. (C) ANNUAL SALES DETERMINED.—For the purpose of determining the amount of annual sales of cut flowers and cut greens under subparagraph (B), subparagraphs (A) and (C) of section 3(4) shall apply. (c) SUSPENSION OR TERMINATION REFERENDA. —I f an order is approved in a referendum conducted under subsection (a), effective