§ 6802. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6802]
TITLE 7--AGRICULTURE
CHAPTER 97--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND
INFORMATION
Sec. 6802. Definitions
As used in this chapter:
(1) Consumer information
The term ``consumer information'' means any action or program
that provides information to consumers and other persons on
appropriate uses under varied circumstances, and on the care and
handling, of cut flowers or cut greens.
(2) Cut flowers and cut greens
(A) In general
(i) Cut flowers
The term ``cut flowers'' includes all flowers cut from
growing plants that are used as fresh-cut flowers and that
are produced under cover or in field operations.
(ii) Cut greens
The term ``cut greens'' includes all cultivated or
noncultivated decorative foliage cut from growing plants
that are used as fresh-cut decorative foliage (except
Christmas trees) and that are produced under cover or in
field operations.
(iii) Exclusions
The terms ``cut flowers'' and ``cut greens'' do not
include a foliage plant, floral supply, or flowering plant.
(B) Substantial portion
In any case in which a handler packages cut flowers or cut
greens with hard goods in an article (such as a gift basket or
similar presentation) for sale to a retailer, the PromoFlor
Council may determine, under procedures specified in the order,
that the cut flowers or cut greens in the article do not
constitute a substantial portion of the value of the article and
that, based on the determination, the article shall not be
treated as an article of cut flowers or cut greens subject to
assessment under the order.
(3) Gross sales price
The term ``gross sales price'' means the total amount of the
transaction in a sale of cut flowers or cut greens from a handler to
a retailer or exempt handler.
(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.
(ii) 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
For the purpose of determining sales of cut flowers
and cut greens to a retailer from a distribution center
described in subclause (I)(cc), each non-sale transfer
to a retailer shall be treated as a sale in an amount
calculated as provided in subparagraph (C).
(III) Transportation or delivery
The term ``qualified handler'' does not include a
person who only physically transports or delivers cut
flowers or cut greens.
(iii) Construction
(I) In general
The term ``qualified handler'' includes an importer
or producer that sells cut flowers or cut greens that
the importer or producer has imported into the United
States or produced, respectively, directly to consumers
and whose sales of the cut flowers and cut greens (as
calculated under subparagraph (C)), together with sales
of cut flowers and cut greens to retailers or exempt
handlers, annually are $750,000 or more.
(II) Sales
Each direct sale to a consumer by a qualified
handler described in subclause (I) shall be treated as a
sale to a retailer or exempt handler in an amount
calculated as provided in subparagraph (C).
(III) Definitions
As used in this paragraph:
(aa) Importer
The term ``importer'' has the meaning provided
in section 6804(b)(2)(B)(i)(I) of this title.
(bb) Producer
The term ``producer'' has the meaning provided
in section 6804(b)(2)(B)(ii)(I) of this title.
(B) Exempt handler
The term ``exempt handler'' means a person who would
otherwise be considered to be a qualified handler, except that
the annual sales by the person of cut flowers and cut greens to
retailers and other exempt handlers are less than $750,000.
(C) Annual sales determined
(i) In general
Except as provided in clause (ii), for the purpose of
determining the amount of annual sales of cut flowers and
cut greens under subparagraphs (A) and (B), the amount of a
sale shall be determined on the basis of the gross sales
price of the cut flowers and cut greens sold.
(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
Subject to subclause (III), in the case of a direct
sale to a consumer by a producer (as described in
subparagraph (A)(iii)), the amount of the sale shall be
equal to an amount determined by multiplying the price
paid by the consumer by a uniform percentage established
by an order to represent the cost of producing the
article and the mark-up of a wholesale handler on a sale
to a retailer.
(III) Changes in uniform percentages
Any 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
The term ``order'' means an order issued under this chapter
(other than sections 6808, 6809, and 6811 of this title).
(6) Person
The term ``person'' means any individual, group of individuals,
firm, partnership, corporation, joint stock company, association,
society, cooperative, or other legal entity.
(7) PromoFlor Council
The term ``PromoFlor Council'' means the Fresh Cut Flowers and
Fresh Cut Greens Promotion Council established under section 6804(b)
of this title.
(8) Promotion
The term ``promotion'' means any action determined by the
Secretary to advance the image, desirability, or marketability of
cut flowers or cut greens, including paid advertising.
(9) Research
The term ``research'' means market research and studies limited
to the support of advertising, market development, and other
promotion efforts and consumer information efforts relating to cut
flowers or cut greens, including educational activities.
(10) Retailer
(A) In general
The term ``retailer'' means a person (such as a retail
florist, supermarket, mass market retail outlet, or other end-
use seller), as described in an order, that sells cut flowers or
cut greens to consumers, and a distribution center described in
subparagraph (B)(i).
(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
An independently owned distribution center described in
clause (i)(II) that also is an importer or producer of cut
flowers or cut greens shall be subject to the rules of
construction specified in paragraph (4)(A)(iii) and, for the
purpose of the rules of construction, be considered to be
the seller of the articles directly to the consumer.
(11) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(12) State
The term ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, American Samoa, the Republic of the
Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau (until such time as the Compact of Free
Association is ratified).
(13) United States
The term ``United States'' means the States collectively.
(Pub. L. 103-190, Sec. 3, Dec. 14, 1993, 107 Stat. 2268.)
References in Text
For ratification of Compact of Free Association with the Republic of
Palau, referred to in par. (12), see Proc. No. 6726, Sept. 27, 1994, 59
F.R. 49777, set out as a note under section 1931 of Title 48,
Territories and Insular Possessions.
Section Referred to in Other Sections
This section is referred to in sections 6804, 6805, 6806 of this
title.
