7 U.S.C. § 6802 — Definitions
submitted 33 years ago by Pub. L. 103-190 to r/title-7-AGRICULTURE · 1,369 words · no verdicts yet
This section defines terms used in the cut-flower and cut-greens promotion program. It identifies covered products and handlers, explains how sales are counted, and defines other terms used by the chapter.
The following terms apply in this chapter. The section itself does not define any term it uses unless it expressly does so.
(1) “Consumer information” means an action or program that tells consumers and others how to use, care for, and handle cut flowers or cut greens in different circumstances.
(2) “Cut flowers” means flowers cut from growing plants and used fresh, whether grown under cover or in fields. “Cut greens” means cultivated or wild decorative foliage cut from growing plants and used fresh, other than Christmas trees, whether grown under cover or in fields. Neither term includes a foliage plant, floral supply, or flowering plant. The PromoFlor Council may decide under the order that cut flowers or greens in a package with hard goods, such as a gift basket, are not a substantial part of the package's value; if so, the package is not treated as a covered article subject to assessment.
(3) “Gross sales price” means the total transaction amount when a handler sells cut flowers or greens to a retailer or exempt handler.
(4) “Handler” includes the following. (A) A “qualified handler” is a person, including a cooperative, in the marketing system who sells domestic or imported cut flowers or greens to retailers and exempt handlers and whose annual sales to them are at least $750,000. It includes bouquet makers subject to paragraph (2)(B), an auction house that clears sales through a central clearinghouse, and a retailer-owned or controlled distribution center when the retailer's main retail activity is floral sales. A non-sale transfer from that distribution center to a retailer counts as a sale calculated under subparagraph (C). A person who only transports or delivers the products is not a qualified handler. An importer or producer that sells its imported or produced products directly to consumers is included if those calculated direct sales plus sales to retailers or exempt handlers reach $750,000 annually; each direct sale counts as a sale to a retailer or exempt handler under subparagraph (C). Here, “importer” and “producer” have the meanings in section 6804(b)(2)(B)(i)(I) and (ii)(I); this section does not define those terms. (B) An “exempt handler” is a person who otherwise would be qualified but whose annual sales to retailers and other exempt handlers are below $750,000. (C) Annual sales generally use gross sales price. For a distribution-center transfer or an importer's direct sale, count the acquisition price plus that price multiplied by the uniform percentage set by an order for a wholesale handler's markup. For a producer's direct sale, count the consumer's price multiplied by the uniform percentage set by an order for production cost and wholesale markup. The PromoFlor Council must recommend, and the Secretary must approve after notice and comment under section 553 of title 5 without sections 556 and 557, any change to those percentages.
(5) “Order” means an order issued under this chapter, other than sections 6808, 6809, and 6811.
(6) “Person” means an individual, group, firm, partnership, corporation, joint-stock company, association, society, cooperative, or other legal entity.
(7) “PromoFlor Council” means the Fresh Cut Flowers and Fresh Cut Greens Promotion Council established under section 6804(b).
(8) “Promotion” means an action the Secretary finds advances the image, desirability, or marketability of cut flowers or greens, including paid advertising.
(9) “Research” means market research and studies limited to supporting advertising, market development, other promotion, and consumer-information efforts about cut flowers or greens, including educational activities.
(10) “Retailer” means a person described in the order, such as a retail florist, supermarket, mass-market retail outlet, or other end-use seller, that sells cut flowers or greens to consumers. It also includes a distribution center owned or controlled by such a person, or cooperatively owned or controlled by such persons, when the person's main retail activity is not floral sales, and an independently owned distribution center operated mainly to provide food products to retail stores. If that independent center is also an importer or producer, the construction rules in paragraph (4)(A)(iii) apply and it is treated as selling the articles directly to the consumer.
(11) “Secretary” means the Secretary of Agriculture.
(12) “State” means each United States State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Marshall Islands, the Federated States of Micronesia, and Palau until its Compact of Free Association is ratified.
(13) “United States” means the States collectively.
As used in this chapter:
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.
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.
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.
The terms “cut flowers” and “cut greens” do not include a foliage plant, floral supply, or flowering plant.
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.
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.
The term “qualified handler” means a person (including a cooperative) operating in the cut flowers or cut greens marketing system—
that sells domestic or imported cut flowers or cut greens to retailers and exempt handlers; and
whose annual sales of cut flowers and cut greens to retailers and exempt handlers are $750,000 or more.
The term “qualified handler” includes—
bouquet manufacturers (subject to paragraph (2)(B));
an auction house that clears the sale of cut flowers and cut greens to retailers and exempt handlers through a central clearinghouse; and
a distribution center that is owned or controlled by a retailer if the predominant retail business activity of the retailer is floral sales.
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).
The term “qualified handler” does not include a person who only physically transports or delivers cut flowers or cut greens.
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.
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).
As used in this paragraph:
The term “importer” has the meaning provided in section 6804(b)(2)(B)(i)(I) of this title.
The term “producer” has the meaning provided in section 6804(b)(2)(B)(ii)(I) of this title.
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.
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.
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—
the price paid by the distribution center or importer, respectively, to acquire the cut flowers or cut greens; and
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.
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.
Any change in a uniform percentage referred to in subclause (I) or (II) may become effective after—
recommendation by the PromoFlor Council; and
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.
The term “order” means an order issued under this chapter (other than sections 6808, 6809, and 6811 of this title).
The term “person” means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, society, cooperative, or other legal entity.
The term “PromoFlor Council” means the Fresh Cut Flowers and Fresh Cut Greens Promotion Council established under section 6804(b) of this title.
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.
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.
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).
The term “retailer” includes a distribution center that is—
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
independently owned but operated primarily to provide food products to retail stores.
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.
The term “Secretary” means the Secretary of Agriculture.
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).
The term “United States” means the States collectively.
Source credit: (Pub. L. 103–190, § 3, Dec. 14, 1993, 107 Stat. 2268.)
- 1993Enacted · Pub. L. 103-190 · 107 Stat. 2268
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-190 on 1993-12-14.
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