§ 4311. — Exemption from assessments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4311]
TITLE 7--AGRICULTURE
CHAPTER 74--FLORAL RESEARCH AND CONSUMER INFORMATION
Sec. 4311. Exemption from assessments
Any producer or importer whose total sales of flowers and plants do
not exceed $100,000 during a twelve consecutive month period prior to
the date an assessment is due and payable shall be exempt from
assessments under this chapter under such conditions and procedures as
may be prescribed in the order or rules and regulations issued
thereunder and shall not vote in any referendum under this chapter:
Provided, That the Floraboard shall have the discretion to make annual
adjustments in the level of exemption to account for inflation. For the
purpose of this section, a producer's or importer's total sales shall
include, in those cases in which the producer or importer is an
individual, sales attributable to such person's spouse, children,
grandchildren, and parents; in those cases in which the producer or
importer is a partnership or a member of a partnership, sales
attributable to the other partners; and, in those cases in which the
producer or importer is a corporation, sales attributable to any
corporate subsidiaries of which such corporation owns 50 per centum or
more of the stock, or if such subsidiaries are not corporations,
subsidiaries which are controlled by such corporation. In addition, in
determining a producer's or importer's total sales, the sales of any
corporation in which such producer or importer owns 50 per centum or
more of the stock shall be attributed to such producer or importer. For
these purposes stock in the same corporation which is owned by such
producer's or importer's spouse, children, grandchildren, parents,
partners, and any corporation 50 per centum or more of whose stock is
owned by the producer or importer shall be treated as owned by the
producer or importer.
(Pub. L. 97-98, title XVII, Sec. 1712, Dec. 22, 1981, 95 Stat. 1354.)
Section Referred to in Other Sections
This section is referred to in section 4308 of this title.
