§ 4315. — Certification of organizations; applicable criteria and considerations.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC4315]
TITLE 7--AGRICULTURE
CHAPTER 74--FLORAL RESEARCH AND CONSUMER INFORMATION
Sec. 4315. Certification of organizations; applicable criteria
and considerations
The eligibility of any organization to represent producers of
flowers and plants of any producing area of the United States or
importers of flowers and plants, for purposes of requesting the issuance
of an order under section 4304 of this title, or making nominations
under section 4306(2) of this title, shall be certified by the
Secretary. Certification shall be based, in addition to other available
information, upon a factual report submitted by the organization which
shall contain information deemed relevant and specified by the Secretary
for the making of such determination, including, but not limited to, the
following:
(1) geographic territory covered by the organization's active
membership;
(2) nature and size of the organization's active membership, the
proportion of such active membership accounted for by producers and
importers, and information as to the volume of production by State
or the volume of importation by country accounted for by the
organization's producer and importer members;
(3) the extent to which the producer and importer membership of
such organization is represented in setting the organization's
policies;
(4) evidence of stability and permanency of the organization;
(5) sources from which the organization's operating funds are
derived;
(6) functions of the organization;
(7) whether the majority of the governing board of the
organization is composed of producers and importers; and
(8) the organization's ability and willingness to further the
aims and objectives of this chapter.
The primary consideration in determining the eligibility of any
organization shall be whether its membership consists of a substantial
number of producers and importers who produce and import a substantial
volume of flowers and plants. The Secretary shall certify any
organization which is found to be eligible under this section, and the
Secretary's determination as to eligibility shall be final. Whenever
more than one organization is certified in any geographic area, such
organizations may caucus to determine the area's nominations under
section 4306(2) of this title.
(Pub. L. 97-98, title XVII, Sec. 1716, Dec. 22, 1981, 95 Stat. 1357.)
Section Referred to in Other Sections
This section is referred to in sections 4304, 4306 of this title.
