View all text of Chapter 97 [§ 6801 - § 6814]
§ 6802. Definitions
As used in this chapter:
(1) Consumer information
(2) Cut flowers and cut greens
(A) In general
(i) Cut flowers
(ii) Cut greens
(iii) Exclusions
(B) Substantial portion
(3) Gross sales price
(4) Handler
(A) Qualified handler
(i) In general
The term “qualified handler” means a person (including a cooperative) operating in the cut flowers or cut greens marketing system—
(I) that sells domestic or imported cut flowers or cut greens to retailers and exempt handlers; and(II) whose annual sales of cut flowers and cut greens to retailers and exempt handlers are $750,000 or more. Inclusions and exclusions(I) In general
The term “qualified handler” includes—
(aa) bouquet manufacturers (subject to paragraph (2)(B));(bb) an auction house that clears the sale of cut flowers and cut greens to retailers and exempt handlers through a central clearinghouse; and(cc) a distribution center that is owned or controlled by a retailer if the predominant retail business activity of the retailer is floral sales.(II) Transfers(III) Transportation or delivery(iii) Construction(I) In general(II) Sales(III) Definitions
As used in this paragraph:
(aa) Importer(bb) Producer(B) Exempt handler
(C) Annual sales determined
(i) In general
(ii) Transfers(I) Non-sale transfers and direct sales by importers
Subject to subclause (III), in the case of a non-sale transfer of cut flowers or cut greens from a distribution center (as described in subparagraph (A)(ii)(II)), or a direct sale to a consumer by an importer (as described in subparagraph (A)(iii)), 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 an order to represent the mark-up of a wholesale handler on a sale to a retailer.(II) Direct sales by producers(III) Changes in uniform percentagesAny change in a uniform percentage referred to in subclause (I) or (II) 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 and without regard to sections 556 and 557 of such title.(5) Order
(6) Person
(7) PromoFlor Council
(8) Promotion
(9) Research
(10) Retailer
(A) In general
(B) Distribution centers
(i) In general
The term “retailer” includes a distribution center that is—
(I) owned or controlled by a person described in subparagraph (A), or owned or controlled cooperatively by a group of the persons, if the predominant retail business activity of the person is not floral sales; or(II) independently owned but operated primarily to provide food products to retail stores.(ii) Importers and producers
(11) Secretary
(12) State
(13) United States
(Pub. L. 103–190, § 3, Dec. 14, 1993, 107 Stat. 2268.)