§ 6805. — Exclusion; determinations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6805]
TITLE 7--AGRICULTURE
CHAPTER 97--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND
INFORMATION
Sec. 6805. Exclusion; determinations
(a) Exclusion
An order shall exclude from assessments under the order any sale of
cut flowers or cut greens for export from the United States.
(b) Making determinations
(1) In general
For the purpose of applying the $750,000 annual sales limitation
to a specific person in order to determine the status of the person
as a qualified handler or an exempt handler under section 6802(4) of
this title, or to a specific facility in order to determine the
status of the facility as an eligible separate facility under
section 6806(b)(2) of this title, an order issued under this chapter
shall provide that--
(A) a determination of the annual sales volume of a person
or facility shall be based on the sales of cut flowers and cut
greens by the person or facility during the most recently-
completed calendar year, except as provided in subparagraph (B);
and
(B) in the case of a new business or other operation for
which complete data on sales during all or part of the most
recently-completed calendar year are not available to the
PromoFlor Council, the determination may be made using an
alternative time period or other alternative procedure specified
in the order.
(2) Rule of attribution
(A) In general
For the purpose of determining the annual sales volume of a
person or a separate facility of a person, sales attributable to
a person shall include--
(i) in the case of an individual, sales attributable to
the spouse, children, grandchildren, parents, and
grandparents of the person;
(ii) in the case of a partnership or member of a
partnership, sales attributable to the partnership and other
partners of the partnership;
(iii) in the case of an individual or a partnership,
sales attributable to any corporation or other entity in
which the individual or partnership owns more than 50
percent of the stock or (if the entity is not a corporation)
that the individual or partnership controls; and
(iv) in the case of a corporation, sales 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.
(Pub. L. 103-190, Sec. 6, Dec. 14, 1993, 107 Stat. 2283.)
Section Referred to in Other Sections
This section is referred to in section 6804 of this title.
