[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 994 Enrolled Bill (ENR)]

        S.994
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  To authorize the establishment of a fresh cut flowers and fresh cut 
greens promotion and consumer information program for the benefit of the 
floricultural industry and other persons, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fresh Cut Flowers 
and Fresh Cut Greens Promotion and Information Act of 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and declaration of policy.
Sec. 3. Definitions.
Sec. 4. Issuance of orders.
Sec. 5. Required terms in orders.
Sec. 6. Exclusion; determinations.
Sec. 7. Referenda.
Sec. 8. Petition and review.
Sec. 9. Enforcement.
Sec. 10. Investigations and power to subpoena.
Sec. 11. Confidentiality.
Sec. 12. Authority for Secretary to suspend or terminate order.
Sec. 13. Construction.
Sec. 14. Regulations.
Sec. 15. Authorization of appropriations.

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds that--
        (1) fresh cut flowers and fresh cut greens are an integral part 
    of life in the United States, are enjoyed by millions of persons 
    every year for a multitude of special purposes (especially important 
    personal events), and contribute a natural and beautiful element to 
    the human environment;
        (2)(A) cut flowers and cut greens are produced by many 
    individual producers throughout the United States as well as in 
    other countries, and are handled and marketed by thousands of small-
    sized and medium-sized businesses; and
        (B) the production, handling, and marketing of cut flowers and 
    cut greens constitute a key segment of the United States 
    horticultural industry and thus a significant part of the overall 
    agricultural economy of the United States;
        (3) handlers play a vital role in the marketing of cut flowers 
    and cut greens in that handlers--
            (A) purchase most of the cut flowers and cut greens marketed 
        by producers;
            (B) prepare the cut flowers and cut greens for retail 
        consumption;
            (C) serve as an intermediary between the source of the 
        product and the retailer;
            (D) otherwise facilitate the entry of cut flowers and cut 
        greens into the current of domestic commerce; and
            (E) add efficiencies to the market process that ensure the 
        availability of a much greater variety of the product to 
        retailers and consumers;
        (4) it is widely recognized that it is in the public interest 
    and important to the agricultural economy of the United States to 
    provide an adequate, steady supply of cut flowers and cut greens at 
    reasonable prices to the consumers of the United States;
        (5)(A) cut flowers and cut greens move in interstate and foreign 
    commerce; and
        (B) cut flowers and cut greens that do not move in interstate or 
    foreign channels of commerce but only in intrastate commerce 
    directly affect interstate commerce in cut flowers and cut greens;
        (6) the maintenance and expansion of markets in existence on the 
    date of enactment of this Act, and the development of new or 
    improved markets or uses for cut flowers and cut greens, are needed 
    to preserve and strengthen the economic viability of the domestic 
    cut flowers and cut greens industry for the benefit of producers, 
    handlers, retailers, and the entire floral industry;
        (7) generic programs of promotion and consumer information can 
    be effective in maintaining and developing markets for cut flowers 
    and cut greens, and have the advantage of equally enhancing the 
    market position for all cut flowers and cut greens;
        (8) because cut flowers and cut greens producers are primarily 
    agriculture-oriented rather than promotion-oriented, and because the 
    floral marketing industry within the United States is comprised 
    mainly of small-sized and medium-sized businesses, the development 
    and implementation of an adequate and coordinated national program 
    of generic promotion and consumer information necessary for the 
    maintenance of markets in existence on the date of enactment of this 
    Act and the development of new markets for cut flowers and cut 
    greens have been prevented;
        (9) there exist established State and commodity-specific 
    producer-funded programs of promotion and research that are valuable 
    efforts to expand markets for domestic producers of cut flowers and 
    cut greens and that will benefit from the promotion and consumer 
    information program authorized by this Act in that the program will 
    enhance the market development efforts of the programs for domestic 
    producers;
        (10) an effective and coordinated method for ensuring 
    cooperative and collective action in providing for and financing a 
    nationwide program of generic promotion and consumer information is 
    needed to ensure that the cut flowers and cut greens industry will 
    be able to provide, obtain, and implement programs of promotion and 
    consumer information necessary to maintain, expand, and develop 
    markets for cut flowers and cut greens; and
        (11) the most efficient method of financing such a nationwide 
    program is to assess cut flowers and cut greens at the point at 
    which the flowers and greens are sold by handlers into the retail 
    market.
    (b) Policy and Purpose.--It is the policy of Congress that it is in 
the public interest, and it is the purpose of this Act, to authorize the 
establishment, through the exercise of the powers provided in this Act, 
of an orderly procedure for the development and financing (through an 
adequate assessment on cut flowers and cut greens sold by handlers to 
retailers and related entities in the United States) of an effective and 
coordinated program of generic promotion, consumer information, and 
related research designed to strengthen the position of the cut flowers 
and cut greens industry in the marketplace and to maintain, develop, and 
expand markets for cut flowers and cut greens.

SEC. 3. DEFINITIONS.

    As used in this Act:
        (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 5(b)(2)(B)(i)(I).
                        (bb) Producer.--The term ``producer'' has the 
                    meaning provided in section 5(b)(2)(B)(ii)(I).
            (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, United States Code, and 
                    without regard to sections 556 and 557 of such 
                    title.
        (5) Order.--The term ``order'' means an order issued under this 
    Act (other than sections 9, 10, and 12).
        (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 5(b).
        (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.

SEC. 4. ISSUANCE OF ORDERS.

    (a) In General.--
        (1) Issuance.--To effectuate the policy of this Act specified in 
    section 2(b), the Secretary, subject to the procedures provided in 
    subsection (b), shall issue orders under this Act applicable to 
    qualified handlers of cut flowers and cut greens.
        (2) Scope.--Any order shall be national in scope.
        (3) One order.--Not more than 1 order shall be in effect at any 
    1 time.
    (b) Procedures.--
        (1) Proposal for an order.--
            (A) Secretary.--The Secretary may propose the issuance of an 
        order.
            (B) Other persons.--An industry group that represents a 
        substantial number of the industry members who are to be 
        assessed under the order, or any other person who will be 
        affected by this Act, may request the issuance of, and submit a 
        proposal for, an order.
        (2) Publication of proposal.--The Secretary shall publish a 
    proposed order and give notice and opportunity for public comment on 
    the proposed order not later than 60 days after the earlier of--
            (A) the date on which the Secretary proposes an order, as 
        provided in paragraph (1)(A); and
            (B) the date of the receipt by the Secretary of a proposal 
        for an order, as provided in paragraph (1)(B).
        (3) Issuance of order.--
            (A) In general.--After notice and opportunity for public 
        comment are provided in accordance with paragraph (2), the 
        Secretary shall issue the order, taking into consideration the 
        comments received and including in the order such provisions as 
        are necessary to ensure that the order is in conformity with 
        this Act.
            (B) Effective date.--The order shall be issued and become 
        effective not later than 180 days after publication of the 
        proposed order.
    (c) Amendments.--The Secretary, from time to time, may amend an 
order. The provisions of this Act applicable to an order shall be 
applicable to any amendment to an order.

SEC. 5. REQUIRED TERMS IN ORDERS.

    (a) In General.--An order shall contain the terms and provisions 
specified in this section.
    (b) PromoFlor Council.--
        (1) Establishment and membership.--
            (A) Establishment.--The order shall provide for the 
        establishment of a Fresh Cut Flowers and Fresh Cut Greens 
        Promotion Council, consisting of 25 members, to administer the 
        order.
            (B) Membership.--
                (i) Appointment.--The order shall provide that members 
            of the PromoFlor Council shall be appointed by the Secretary 
            from nominations submitted as provided in paragraphs (2) and 
            (3).
                (ii) Composition.--The PromoFlor Council shall consist 
            of--

                    (I) participating qualified handlers representing 
                qualified wholesale handlers and producers and importers 
                that are qualified handlers;
                    (II) representatives of traditional retailers; and
                    (III) representatives of persons who produce fresh 
                cut flowers and fresh cut greens.

        (2) Distribution of appointments.--
            (A) In general.--The order shall provide that the membership 
        of the PromoFlor Council shall consist of--
                (i) 14 members representing qualified wholesale handlers 
            of domestic or imported cut flowers and cut greens;
                (ii) 3 members representing producers that are qualified 
            handlers of cut flowers and cut greens;
                (iii) 3 members representing importers that are 
            qualified handlers of cut flowers and cut greens;
                (iv) 3 members representing traditional cut flowers and 
            cut greens retailers; and
                (v) 2 members representing persons who produce fresh cut 
            flowers and fresh cut greens, of whom--

                    (I) 1 member shall represent persons who produce the 
                flowers or greens in locations that are east of the 
                Mississippi River; and
                    (II) 1 member shall represent persons who produce 
                the flowers or greens in locations that are west of the 
                Mississippi River.

            (B) Definitions.--As used in this subsection:
                (i) Importer that is a qualified handler.--The term 
            ``importer that is a qualified handler'' means an entity--

                    (I) whose principal activity is the importation of 
                cut flowers or cut greens into the United States (either 
                directly or as an agent, broker, or consignee of any 
                person or nation that produces or handles cut flowers or 
                cut greens outside the United States for sale in the 
                United States); and
                    (II) that is subject to assessments as a qualified 
                handler under the order.

                (ii) Producer that is a qualified handler.--The term 
            ``producer that is a qualified handler'' means an entity 
            that--

                    (I) is engaged--

                        (aa) in the domestic production, for sale in 
                    commerce, of cut flowers or cut greens and that owns 
                    or shares in the ownership and risk of loss of the 
                    cut flowers or cut greens; or
                        (bb) as a first processor of noncultivated cut 
                    greens, in receiving the cut greens from a person 
                    who gathers the cut greens for handling; and

                    (II) is subject to assessments as a qualified 
                handler under the order.

                (iii) Qualified wholesale handler.--

                    (I) In general.--The term ``qualified wholesale 
                handler'' means a person in business as a floral 
                wholesale jobber or floral supplier that is subject to 
                assessments as a qualified handler under the order.
                    (II) Definitions.--As used in this clause:

                        (aa) Floral supplier.--The term ``floral 
                    supplier'' means a person engaged in acquiring cut 
                    flowers or cut greens to be manufactured into floral 
                    articles or otherwise processed for resale.
                        (bb) Floral wholesale jobber.--The term ``floral 
                    wholesale jobber'' means a person who conducts a 
                    commission or other wholesale business in buying and 
                    selling cut flowers or cut greens.
            (C) Distribution of qualified wholesale handler 
        appointments.--The order shall provide that the appointments of 
        qualified wholesale handlers to the PromoFlor Council made by 
        the Secretary shall take into account the geographical 
        distribution of cut flowers and cut greens markets in the United 
        States.
        (3) Nomination process.--The order shall provide that--
            (A) 2 nominees shall be submitted for each appointment to 
        the PromoFlor Council;
            (B) nominations for each appointment of a qualified 
        wholesale handler, producer that is a qualified handler, or 
        importer that is a qualified handler to the PromoFlor Council 
        shall be made by qualified wholesale handlers, producers that 
        are qualified handlers, or importers that are qualified 
        handlers, respectively, through an election process, in 
        accordance with regulations issued by the Secretary;
            (C) nominations for--
                (i) 1 of the retailer appointments shall be made by the 
            American Floral Marketing Council or a successor entity; and
                (ii) 2 of the retailer appointments shall be made by 
            traditional retail florist organizations, in accordance with 
            regulations issued by the Secretary;
            (D) nominations for each appointment of a representative of 
        persons who produce fresh cut flowers and fresh cut greens shall 
        be made by the persons through an election process, in 
        accordance with regulations issued by the Secretary; and
            (E) in any case in which qualified wholesale handlers, 
        producers that are qualified handlers, importers that are 
        qualified handlers, persons who produce fresh cut flowers and 
        fresh cut greens, or retailers fail to nominate individuals for 
        an appointment to the PromoFlor Council, the Secretary may 
        appoint an individual to fill the vacancy on a basis provided in 
        the order or other regulations of the Secretary.
        (4) Alternates.--The order shall provide for the selection of 
    alternate members of the PromoFlor Council by the Secretary in 
    accordance with procedures specified in the order.
        (5) Terms; compensation.--The order shall provide that--
            (A) each term of appointment to the PromoFlor Council shall 
        be for 3 years, except that, of the initial appointments, 9 of 
        the appointments shall be for 2-year terms, 8 of the 
        appointments shall be for 3-year terms, and 8 of the 
        appointments shall be for 4-year terms;
            (B) no member of the PromoFlor Council may serve more than 2 
        consecutive terms of 3 years, except that any member serving an 
        initial term of 4 years may serve an additional term of 3 years; 
        and
            (C) members of the PromoFlor Council shall serve without 
        compensation, but shall be reimbursed for the expenses of the 
        members incurred in performing duties as members of the 
        PromoFlor Council.
        (6) Executive committee.--
            (A) Establishment.--
                (i) In general.--The order shall authorize the PromoFlor 
            Council to appoint, from among the members of the Council, 
            an executive committee of not more than 9 members.
                (ii) Initial membership.--The membership of the 
            executive committee initially shall be composed of--

                    (I) 4 members representing qualified wholesale 
                handlers;
                    (II) 2 members representing producers that are 
                qualified handlers;
                    (III) 2 members representing importers that are 
                qualified handlers; and
                    (IV) 1 member representing traditional retailers.

                (iii) Subsequent membership.--After the initial 
            appointments, each appointment to the executive committee 
            shall be made so as to ensure that the committee reflects, 
            to the maximum extent practicable, the membership 
            composition of the PromoFlor Council as a whole.
                (iv) Terms.--Each initial appointment to the executive 
            committee shall be for a term of 2 years. After the initial 
            appointments, each appointment to the executive committee 
            shall be for a term of 1 year.
            (B) Authority.--The PromoFlor Council may delegate to the 
        executive committee the authority of the PromoFlor Council under 
        the order to hire and manage staff and conduct the routine 
        business of the PromoFlor Council consistent with such policies 
        as are determined by the PromoFlor Council.
    (c) General Responsibilities of the PromoFlor Council.--The order 
shall define the general responsibilities of the PromoFlor Council, 
which shall include the responsibility to--
        (1) administer the order in accordance with the terms and 
    provisions of the order;
        (2) make rules and regulations to effectuate the terms and 
    provisions of the order;
        (3) appoint members of the PromoFlor Council to serve on an 
    executive committee;
        (4) employ such persons as the PromoFlor Council determines are 
    necessary, and set the compensation and define the duties of the 
    persons;
        (5)(A) develop budgets for the implementation of the order and 
    submit the budgets to the Secretary for approval under subsection 
    (d); and
        (B) propose and develop (or receive and evaluate), approve, and 
    submit to the Secretary for approval under subsection (d) plans and 
    projects for cut flowers or cut greens promotion, consumer 
    information, or related research;
        (6)(A) implement plans and projects for cut flowers or cut 
    greens promotion, consumer information, or related research, as 
    provided in subsection (d); or
        (B) contract or enter into agreements with appropriate persons 
    to implement the plans and projects, as provided in subsection (e), 
    and pay the costs of the implementation, or contracts and 
    agreements, with funds received under the order;
        (7) evaluate on-going and completed plans and projects for cut 
    flowers or cut greens promotion, consumer information, or related 
    research;
        (8) receive, investigate, and report to the Secretary complaints 
    of violations of the order;
        (9) recommend to the Secretary amendments to the order;
        (10) invest, pending disbursement under a plan or project, funds 
    collected through assessments authorized under this Act only in--
            (A) obligations of the United States or any agency of the 
        United States;
            (B) general obligations of any State or any political 
        subdivision of a State;
            (C) any interest-bearing account or certificate of deposit 
        of a bank that is a member of the Federal Reserve System; or
            (D) obligations fully guaranteed as to principal and 
        interest by the United States,
    except that income from any such invested funds may be used only for 
    a purpose for which the invested funds may be used; and
        (11) provide the Secretary such information as the Secretary may 
    require.
    (d) Budgets; Plans and Projects.--
        (1) Submission of budgets.--The order shall require the 
    PromoFlor Council to submit to the Secretary for approval budgets, 
    on a fiscal year basis, of the anticipated expenses and 
    disbursements of the Council in the implementation of the order, 
    including the projected costs of cut flowers and cut greens 
    promotion, consumer information, and related research plans and 
    projects.
        (2) Plans and projects.--
            (A) Promotion and consumer information.--The order shall 
        provide--
                (i) for the establishment, implementation, 
            administration, and evaluation of appropriate plans and 
            projects for advertising, sales promotion, other promotion, 
            and consumer information with respect to cut flowers and cut 
            greens, and for the disbursement of necessary funds for the 
            purposes described in this clause;
                (ii) that any plan or project referred to in clause (i) 
            shall be directed toward increasing the general demand for 
            cut flowers or cut greens and may not make reference to a 
            private brand or trade name, point of origin, or source of 
            supply, except that this clause shall not preclude the 
            PromoFlor Council from offering the plans and projects of 
            the Council for use by commercial parties, under terms and 
            conditions prescribed by the PromoFlor Council and approved 
            by the Secretary; and
                (iii) that no plan or project may make use of unfair or 
            deceptive acts or practices with respect to quality or 
            value.
            (B) Research.--The order shall provide for--
                (i) the establishment, implementation, administration, 
            and evaluation of plans and projects for--

                    (I) market development research;
                    (II) research with respect to the sale, 
                distribution, marketing, or use of cut flowers or cut 
                greens; and
                    (III) other research with respect to cut flowers or 
                cut greens marketing, promotion, or consumer 
                information;

                (ii) the dissemination of the information acquired 
            through the plans and projects; and
                (iii) the disbursement of such funds as are necessary to 
            carry out this subparagraph.
            (C) Submission to secretary.--The order shall provide that 
        the PromoFlor Council shall submit to the Secretary for approval 
        a proposed plan or project for cut flowers or cut greens 
        promotion, consumer information, or related research, as 
        described in subparagraphs (A) and (B).
        (3) Approval by secretary.--A budget, or plan or project for cut 
    flowers or cut greens promotion, consumer information, or related 
    research may not be implemented prior to approval of the budget, 
    plan, or project by the Secretary.
    (e) Contracts and Agreements.--
        (1) Promotion, consumer information, and related research plans 
    and projects.--
            (A) In general.--To ensure efficient use of funds, the order 
        shall provide that the PromoFlor Council, with the approval of 
        the Secretary, may enter into a contract or an agreement for the 
        implementation of a plan or project for promotion, consumer 
        information, or related research with respect to cut flowers or 
        cut greens, and for the payment of the cost of the contract or 
        agreement with funds received by the PromoFlor Council under the 
        order.
            (B) Requirements.--The order shall provide that any contract 
        or agreement entered into under this paragraph shall provide 
        that--
                (i) the contracting or agreeing party shall develop and 
            submit to the PromoFlor Council a plan or project, together 
            with a budget that includes the estimated costs to be 
            incurred for the plan or project;
                (ii) the plan or project shall become effective on the 
            approval of the Secretary; and
                (iii) the contracting or agreeing party shall--

                    (I) keep accurate records of all of the transactions 
                of the party;
                    (II) account for funds received and expended;
                    (III) make periodic reports to the PromoFlor Council 
                of activities conducted; and
                    (IV) make such other reports as the PromoFlor 
                Council or the Secretary may require.

        (2) Other contracts and agreements.--The order shall provide 
    that the PromoFlor Council may enter into a contract or agreement 
    for administrative services. Any contract or agreement entered into 
    under this paragraph shall include provisions comparable to the 
    provisions described in paragraph (1)(B).
    (f) Books and Records of the PromoFlor Council.--
        (1) In general.--The order shall require the PromoFlor Council 
    to--
            (A) maintain such books and records (which shall be 
        available to the Secretary for inspection and audit) as the 
        Secretary may require;
            (B) prepare and submit to the Secretary, from time to time, 
        such reports as the Secretary may require; and
            (C) account for the receipt and disbursement of all funds 
        entrusted to the PromoFlor Council.
        (2) Audits.--The PromoFlor Council shall cause the books and 
    records of the Council to be audited by an independent auditor at 
    the end of each fiscal year. A report of each audit shall be 
    submitted to the Secretary.
    (g) Control of Administrative Costs.--The order shall provide that 
the PromoFlor Council shall, as soon as practicable after the order 
becomes effective and after consultation with the Secretary and other 
appropriate persons, implement a system of cost controls based on 
normally accepted business practices that will ensure that the annual 
budgets of the PromoFlor Council include only amounts for administrative 
expenses that cover the minimum administrative activities and personnel 
needed to properly administer and enforce the order, and conduct, 
supervise, and evaluate plans and projects under the order.
    (h) Assessments.--
        (1) Authority.--
            (A) In general.--The order shall provide that each qualified 
        handler shall pay to the PromoFlor Council, in the manner 
        provided in the order, an assessment on each sale of cut flowers 
        or cut greens to a retailer or an exempt handler (including each 
        transaction described in subparagraph (C)(ii)), except to the 
        extent that the sale is excluded from assessments under section 
        6(a).
            (B) Published lists.--To facilitate the payment of 
        assessments under this paragraph, the PromoFlor Council shall 
        publish lists of qualified handlers required to pay assessments 
        under the order and exempt handlers.
            (C) Making determinations.--
                (i) Qualified handler status.--The order shall contain 
            provisions regarding the determination of the status of a 
            person as a qualified handler or exempt handler that include 
            the rules and requirements specified in sections 3(4) and 
            6(b).
                (ii) Certain covered transactions.--

                    (I) In general.--The order shall provide that each 
                non-sale transfer of cut flowers or cut greens to a 
                retailer from a qualified handler that is a distribution 
                center (as described in section 3(4)(A)(ii)(II)), and 
                each direct sale of cut flowers or cut greens to a 
                consumer by a qualified handler that is an importer or a 
                producer (as described in section 3(4)(A)(iii)), shall 
                be treated as a sale of cut flowers or cut greens to a 
                retailer subject to assessments under this subsection.
                    (II) Amount of sale in the case of non-sale 
                transfers and direct sales by importers.--Subject to 
                subclause (IV), in the case of a non-sale transfer of 
                cut flowers or cut greens from a distribution center, or 
                a direct sale to a consumer by an importer, 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 the order to 
                    represent the mark-up of a wholesale handler on a 
                    sale to a retailer.

                    (III) Direct sales by producers.--Subject to 
                subclause (IV), in the case of a direct sale to a 
                consumer by a producer, 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 the order to represent the cost of producing the 
                article and the mark-up of a wholesale handler on a sale 
                to a retailer.
                    (IV) Changes in uniform percentages.--Any change in 
                a uniform percentage referred to in subclause (II) or 
                (III) 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, United States Code, and 
                    without regard to sections 556 and 557 of such 
                    title.
        (2) Assessment rates.--With respect to assessment rates, the 
    order shall contain the following terms:
            (A) Initial rate.--During the first 3 years the order is in 
        effect, the rate of assessment on each sale or transfer of cut 
        flowers or cut greens shall be \1/2\ of 1 percent of--
                (i) the gross sales price of the cut flowers or cut 
            greens sold; or
                (ii) in the case of transactions described in paragraph 
            (1)(C)(ii), the amount of each transaction calculated as 
            provided in paragraph (1)(C)(ii).
            (B) Changes in the rate.--
                (i) In general.--After the first 3 years the order is in 
            effect, the uniform assessment rate may be increased or 
            decreased annually by not more than .25 percent of--

                    (I) the gross sales price of a product sold; or
                    (II) in the case of transactions described in 
                paragraph (1)(C)(ii), the amount of each transaction 
                calculated as provided in paragraph (1)(C)(ii),

            except that the assessment rate may in no case exceed 1 
            percent of the gross sales price or 1 percent of the 
            transaction amount.
                (ii) Requirements.--Any change in the rate of assessment 
            under this subparagraph--

                    (I) may be made only if adopted by the PromoFlor 
                Council by at least a \2/3\ majority vote and approved 
                by the Secretary as necessary to achieve the objectives 
                of this Act (after public notice and opportunity for 
                comment in accordance with section 553 of title 5, 
                United States Code, and without regard to sections 556 
                and 557 of such title);
                    (II) shall be announced by the PromoFlor Council not 
                less than 30 days prior to going into effect; and
                    (III) shall not be subject to a vote in a referendum 
                conducted under section 7.

        (3) Timing of submitting assessments.--The order shall provide 
    that each person required to pay assessments under this subsection 
    shall remit, to the PromoFlor Council, the assessment due from each 
    sale by the person of cut flowers or cut greens that is subject to 
    an assessment within such time period after the sale (not to exceed 
    60 days after the end of the month in which the sale took place) as 
    is specified in the order.
        (4) Refunds from escrow account.--
            (A) Establishment of escrow account.--The order shall 
        provide that the PromoFlor Council shall--
                (i) establish an escrow account to be used for 
            assessment refunds, as needed; and
                (ii) place into the account an amount equal to 10 
            percent of the total amount of assessments collected during 
            the period beginning on the date the order becomes 
            effective, as provided in section 4(b)(3)(B), and ending on 
            the date the initial referendum on the order under section 
            7(a) is completed.
            (B) Right to receive refund.--
                (i) In general.--The order shall provide that, subject 
            to subparagraph (C) and the conditions specified in clause 
            (ii), any qualified handler shall have the right to demand 
            and receive from the PromoFlor Council out of the escrow 
            account a one-time refund of any assessments paid by or on 
            behalf of the qualified handler during the time period 
            specified in subparagraph (A)(ii), if--

                    (I) the qualified handler is required to pay the 
                assessments;
                    (II) the qualified handler does not support the 
                program established under this Act;
                    (III) the qualified handler demands the refund prior 
                to the conduct of the referendum on the order under 
                section 7(a); and
                    (IV) the order is not approved by qualified handlers 
                in the referendum.

                (ii) Conditions.--The right of a qualified handler to 
            receive a refund under clause (i) shall be subject to the 
            following conditions:

                    (I) The demand shall be made in accordance with 
                regulations, on a form, and within a time period 
                specified by the PromoFlor Council.
                    (II) The refund shall be made only on submission of 
                proof satisfactory to the PromoFlor Council that the 
                qualified handler paid the assessment for which the 
                refund is demanded.
                    (III) If the amount in the escrow account required 
                under subparagraph (A) is not sufficient to refund the 
                total amount of assessments demanded by all qualified 
                handlers determined eligible for refunds and the order 
                is not approved in the referendum on the order under 
                section 7(a), the PromoFlor Council shall prorate the 
                amount of all such refunds among all eligible qualified 
                handlers that demand the refund.

            (C) Program approved.--The order shall provide that, if the 
        order is approved in the referendum conducted under section 
        7(a), there shall be no refunds made, and all funds in the 
        escrow account shall be returned to the PromoFlor Council for 
        use by the PromoFlor Council in accordance with the other 
        provisions of the order.
        (5) Use of assessment funds.--The order shall provide that 
    assessment funds (less any refunds expended under the terms of the 
    order required under paragraph (4)) shall be used for payment of 
    costs incurred in implementing and administering the order, with 
    provision for a reasonable reserve, and to cover the administrative 
    costs incurred by the Secretary in implementing and administering 
    this Act.
        (6) Postponement of collections.--
            (A) Authority.--
                (i) In general.--Subject to the other provisions of this 
            paragraph and notwithstanding any other provision of this 
            Act, the PromoFlor Council may grant a postponement of the 
            payment of an assessment under this subsection for any 
            qualified handler that establishes that the handler is 
            financially unable to make the payment.
                (ii) Requirements and procedures.--A handler described 
            in clause (i) shall establish that the handler is 
            financially unable to make the payment in accordance with 
            application and documentation requirements and review 
            procedures established under rules recommended by the 
            PromoFlor Council, approved by the Secretary, and issued 
            after public notice and opportunity for comment in 
            accordance with section 553 of title 5, United States Code, 
            and without regard to sections 556 and 557 of such title.
            (B) Criteria and responsibility for determinations.--The 
        PromoFlor Council may grant a postponement under subparagraph 
        (A) only if the handler demonstrates by the submission of an 
        opinion of an independent certified public accountant, and by 
        submission of other documentation required under the rules 
        established under subparagraph (A)(ii), that the handler is 
        insolvent or will be unable to continue to operate if the 
        handler is required to pay the assessment when otherwise due.
            (C) Period of postponement.--
                (i) In general.--The time period of a postponement and 
            the terms and conditions of the payment of each assessment 
            that is postponed under this paragraph shall be established 
            by the PromoFlor Council, in accordance with rules 
            established under the procedures specified in subparagraph 
            (A)(ii), so as to appropriately reflect the demonstrated 
            needs of the qualified handler.
                (ii) Extensions.--A postponement may be extended under 
            rules established under the procedures specified in 
            subparagraph (A)(ii) for the grant of initial postponements.
    (i) Prohibition.--The order shall prohibit the use of any funds 
received by the PromoFlor Council in any manner for the purpose of 
influencing legislation or government action or policy, except that the 
funds may be used by the PromoFlor Council for the development and 
recommendation to the Secretary of amendments to the order.
    (j) Books and Records; Reports.--
        (1) In general.--The order shall provide that each qualified 
    handler shall maintain, and make available for inspection, such 
    books and records as are required by the order and file reports at 
    the time, in the manner, and having the content required by the 
    order, to the end that such information is made available to the 
    Secretary and the PromoFlor Council as is appropriate for the 
    administration or enforcement of this Act, the order, or any 
    regulation issued under this Act.
        (2) Confidentiality requirement.--
            (A) In general.--Information obtained from books, records, 
        or reports under paragraph (1) or subsection (h)(6), or from 
        reports required under section 6(b)(3), shall be kept 
        confidential by all officers and employees of the Department of 
        Agriculture and by the staff and agents of the PromoFlor 
        Council.
            (B) Suits and hearings.--Information described in 
        subparagraph (A) may be disclosed to the public only--
                (i) in a suit or administrative hearing brought at the 
            request of the Secretary, or to which the Secretary or any 
            officer of the United States is a party, involving the 
            order; and
                (ii) to the extent the Secretary considers the 
            information relevant to the suit or hearing.
            (C) General statements and publications.--Nothing in this 
        paragraph may be construed to prohibit--
                (i) the issuance of general statements, based on the 
            reports, of the number of persons subject to the order or 
            statistical data collected from the reports, if the 
            statements do not identify the information furnished by any 
            person; or
                (ii) the publication, by direction of the Secretary, of 
            the name of any person who violates the order, together with 
            a statement of the particular provisions of the order 
            violated by the person.
        (3) Lists of importers.--
            (A) Review.--The order shall provide that the staff of the 
        PromoFlor Council shall periodically review lists of importers 
        of cut flowers and cut greens to determine whether persons on 
        the lists are subject to the order.
            (B) Customs service.--On the request of the PromoFlor 
        Council, the Commissioner of the United States Customs Service 
        shall provide to the PromoFlor Council lists of importers of cut 
        flowers and cut greens.
    (k) Consultations With Industry Experts.--
        (1) In general.--The order shall provide that the PromoFlor 
    Council, from time to time, may seek advice from and consult with 
    experts from the production, import, wholesale, and retail segments 
    of the cut flowers and cut greens industry to assist in the 
    development of promotion, consumer information, and related research 
    plans and projects.
        (2) Special committees.--
            (A) In general.--For the purposes described in paragraph 
        (1), the order shall authorize the appointment of special 
        committees composed of persons other than PromoFlor Council 
        members.
            (B) Consultation.--A committee appointed under subparagraph 
        (A)--
                (i) may not provide advice or recommendations to a 
            representative of an agency, or an officer, of the Federal 
            Government; and
                (ii) shall consult directly with the PromoFlor Council.
    (l) Other Terms of the Order.--The order shall contain such other 
terms and provisions, consistent with this Act, as are necessary to 
carry out this Act (including provision for the assessment of interest 
and a charge for each late payment of assessments under subsection (h) 
and for carrying out section 6).

SEC. 6. 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 3(4), or to a specific facility in order to determine 
    the status of the facility as an eligible separate facility under 
    section 7(b)(2), an order issued under this Act 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.

SEC. 7. REFERENDA.

    (a) Requirement for Initial Referendum.--
        (1) In general.--Not later than 3 years after the issuance of an 
    order under section 4(b)(3), the Secretary shall conduct a 
    referendum among qualified handlers required to pay assessments 
    under the order, as provided in section 5(h)(1), subject to the 
    voting requirements of subsection (b), to ascertain whether the 
    order then in effect shall be continued.
        (2) Approval of order needed.--The order shall be continued only 
    if the Secretary determines that the order has been approved by a 
    simple majority of all votes cast in the referendum. If the order is 
    not approved, the Secretary shall terminate the order as provided in 
    subsection (d).
    (b) Votes Permitted.--
        (1) In general.--Each qualified handler eligible to vote in a 
    referendum conducted under this section shall be entitled to cast 1 
    vote for each separate facility of the person that is an eligible 
    separate facility, as defined in paragraph (2).
        (2) Eligible separate facility.--For the purpose of paragraph 
    (1):
            (A) Separate facility.--A handling or marketing facility of 
        a qualified handler shall be considered to be a separate 
        facility if the facility is physically located away from other 
        facilities of the qualified handler or the business function of 
        the facility is substantially different from the functions of 
        other facilities owned or operated by the qualified handler.
            (B) Eligibility.--A separate facility of a qualified handler 
        shall be considered to be an eligible separate facility if the 
        annual sales of cut flowers and cut greens to retailers and 
        exempt handlers from the facility are $750,000 or more.
            (C) Annual sales determined.--For the purpose of determining 
        the amount of annual sales of cut flowers and cut greens under 
        subparagraph (B), subparagraphs (A) and (C) of section 3(4) 
        shall apply.
    (c) Suspension or Termination Referenda.--If an order is approved in 
a referendum conducted under subsection (a), effective beginning on the 
date that is 3 years after the date of the approval, the Secretary--
        (1) at the discretion of the Secretary, may conduct at any time 
    a referendum of qualified handlers required to pay assessments under 
    the order, as provided in section 5(h)(1), subject to the voting 
    requirements of subsection (b), to ascertain whether qualified 
    handlers favor suspension or termination of the order; and
        (2) if requested by the PromoFlor Council or by a representative 
    group comprising 30 percent or more of all qualified handlers 
    required to pay assessments under the order, as provided in section 
    5(h)(1), shall conduct a referendum of all qualified handlers 
    required to pay assessments under the order, as provided in section 
    5(h)(1), subject to the voting requirements of subsection (b), to 
    ascertain whether qualified handlers favor suspension or termination 
    of the order.
    (d) Suspension or Termination.--If, as a result of the referendum 
conducted under subsection (a), the Secretary determines that the order 
has not been approved by a simple majority of all votes cast in the 
referendum, or as a result of a referendum conducted under subsection 
(c), the Secretary determines that suspension or termination of the 
order is favored by a simple majority of all votes cast in the 
referendum, the Secretary shall--
        (1) not later than 180 days after the referendum, suspend or 
    terminate, as appropriate, collection of assessments under the 
    order; and
        (2) suspend or terminate, as appropriate, activities under the 
    order as soon as practicable and in an orderly manner.
    (e) Manner of Conducting Referenda.--Referenda under this section 
shall be conducted in such manner as is determined appropriate by the 
Secretary.

SEC. 8. PETITION AND REVIEW.

    (a) Petition and Hearing.--
        (1) Petition.--A person subject to an order may file with the 
    Secretary a petition--
            (A) stating that the order, any provision of the order, or 
        any obligation imposed in connection with the order is not in 
        accordance with law; and
            (B) requesting a modification of the order or an exemption 
        from the order.
        (2) Hearing.--The petitioner shall be given the opportunity for 
    a hearing on a petition filed under paragraph (1), in accordance 
    with regulations issued by the Secretary. Any such hearing shall be 
    conducted in accordance with section 10(b)(2) and be held within the 
    United States judicial district in which the residence or principal 
    place of business of the person is located.
        (3) Ruling.--After a hearing under paragraph (2), the Secretary 
    shall make a ruling on the petition, which shall be final if in 
    accordance with law.
    (b) Review.--
        (1) Commencement of action.--The district courts of the United 
    States in any district in which a person who is a petitioner under 
    subsection (a) resides or conducts business shall have jurisdiction 
    to review the ruling of the Secretary on the petition of the person, 
    if a complaint requesting the review is filed not later than 20 days 
    after the date of the entry of the ruling by the Secretary.
        (2) Process.--Service of process in proceedings under this 
    subsection shall be conducted in accordance with the Federal Rules 
    of Civil Procedure.
        (3) Remand.--If the court in a proceeding under this subsection 
    determines that the ruling of the Secretary on the petition of the 
    person is not in accordance with law, the court shall remand the 
    matter to the Secretary with directions--
            (A) to make such ruling as the court shall determine to be 
        in accordance with law; or
            (B) to take such further action as, in the opinion of the 
        court, the law requires.
    (c) Enforcement.--The pendency of proceedings instituted under this 
section shall not impede, hinder, or delay the Attorney General or the 
Secretary from obtaining relief under section 9.

SEC. 9. ENFORCEMENT.

    (a) Jurisdiction.--A district court of the United States shall have 
jurisdiction to enforce, and to prevent and restrain any person from 
violating, this Act or an order or regulation issued by the Secretary 
under this Act.
    (b) Referral to Attorney General.--A civil action brought under 
subsection (a) shall be referred to the Attorney General for appropriate 
action, except that the Secretary is not required to refer to the 
Attorney General a violation of this Act, or an order or regulation 
issued under this Act, if the Secretary believes that the administration 
and enforcement of this Act would be adequately served by administrative 
action under subsection (c) or suitable written notice or warning to the 
person who committed or is committing the violation.
    (c) Civil Penalties and Orders.--
        (1) Civil penalties.--
            (A) In general.--A person who violates a provision of this 
        Act, or an order or regulation issued by the Secretary under 
        this Act, or who fails or refuses to pay, collect, or remit any 
        assessment or fee required of the person under an order or 
        regulation issued under this Act, may be assessed by the 
        Secretary--
                (i) a civil penalty of not less than $500 nor more than 
            $5,000 for each violation; and
                (ii) in the case of a willful failure to remit an 
            assessment as required by an order or regulation, an 
            additional penalty equal to the amount of the assessment.
            (B) Separate offenses.--Each violation shall be a separate 
        offense.
        (2) Cease and desist orders.--In addition to or in lieu of a 
    civil penalty under paragraph (1), the Secretary may issue an order 
    requiring a person to cease and desist from continuing a violation 
    of this Act, or an order or regulation issued under this Act.
        (3) Notice and hearing.--No penalty shall be assessed or cease 
    and desist order issued by the Secretary under this subsection 
    unless the Secretary gives the person against whom the penalty is 
    assessed or the order is issued notice and opportunity for a hearing 
    before the Secretary with respect to the violation. Any such hearing 
    shall be conducted in accordance with section 10(b)(2) and shall be 
    held within the United States judicial district in which the 
    residence or principal place of business of the person is located.
        (4) Finality.--The penalty assessed or cease and desist order 
    issued under this subsection shall be final and conclusive unless 
    the person against whom the penalty is assessed or the order is 
    issued files an appeal with the appropriate district court of the 
    United States in accordance with subsection (d).
    (d) Review by District Court.--
        (1) Commencement of action.--
            (A) In general.--Any person against whom a violation is 
        found and a civil penalty is assessed or a cease and desist 
        order is issued under subsection (c) may obtain review of the 
        penalty or order by, within the 30-day period beginning on the 
        date the penalty is assessed or order issued--
                (i) filing a notice of appeal in the district court of 
            the United States for the district in which the person 
            resides or conducts business, or in the United States 
            District Court for the District of Columbia; and
                (ii) sending a copy of the notice by certified mail to 
            the Secretary.
            (B) Copy of record.--The Secretary shall promptly file in 
        the court a certified copy of the record on which the Secretary 
        found that the person had committed a violation.
        (2) Standard of review.--A finding of the Secretary shall be set 
    aside under this subsection only if the finding is found to be 
    unsupported by substantial evidence.
    (e) Failure to Obey an Order.--
        (1) In general.--A person who fails to obey a cease and desist 
    order issued under subsection (c) after the order has become final 
    and unappealable, or after the appropriate United States district 
    court has entered a final judgment in favor of the Secretary, shall 
    be subject to a civil penalty assessed by the Secretary of not more 
    than $5,000 for each offense, after opportunity for a hearing and 
    for judicial review under the procedures specified in subsections 
    (c) and (d).
        (2) Separate violations.--Each day during which the person fails 
    to obey an order described in paragraph (1) shall be considered as a 
    separate violation of the order.
    (f) Failure to Pay a Penalty.--
        (1) In general.--If a person fails to pay a civil penalty 
    assessed under subsection (c) or (e) after the penalty has become 
    final and unappealable, or after the appropriate United States 
    district court has entered final judgment in favor of the Secretary, 
    the Secretary shall refer the matter to the Attorney General for 
    recovery of the amount assessed in any United States district court 
    in which the person resides or conducts business.
        (2) Scope of review.--In an action by the Attorney General under 
    paragraph (1), the validity and appropriateness of the civil penalty 
    shall not be subject to review.
    (g) Additional Remedies.--The remedies provided in this Act shall be 
in addition to, and not exclusive of, other remedies that may be 
available.

SEC. 10. INVESTIGATIONS AND POWER TO SUBPOENA.

    (a) Investigations.--The Secretary may make such investigations as 
the Secretary considers necessary for the effective administration of 
this Act, or to determine whether any person has engaged or is engaging 
in any act that constitutes a violation of this Act or any order or 
regulation issued under this Act.
    (b) Subpoenas, Oaths, and Affirmations.--
        (1) Investigations.--For the purpose of making an investigation 
    under subsection (a), the Secretary may administer oaths and 
    affirmations, and issue subpoenas to require the production of any 
    records that are relevant to the inquiry. The production of the 
    records may be required from any place in the United States.
        (2) Administrative hearings.--For the purpose of an 
    administrative hearing held under section 8(a)(2) or 9(c)(3), the 
    presiding officer may administer oaths and affirmations, subpoena 
    witnesses, compel the attendance of witnesses, take evidence, and 
    require the production of any records that are relevant to the 
    inquiry. The attendance of witnesses and the production of the 
    records may be required from any place in the United States.
    (c) Aid of Courts.--
        (1) In general.--In the case of contumacy by, or refusal to obey 
    a subpoena issued under subsection (b) to, any person, the Secretary 
    may invoke the aid of any court of the United States within the 
    jurisdiction of which the investigation or proceeding is conducted, 
    or where the person resides or conducts business, in order to 
    enforce a subpoena issued under subsection (b).
        (2) Order.--The court may issue an order requiring the person 
    referred to in paragraph (1) to comply with a subpoena referred to 
    in paragraph (1).
        (3) Failure to obey.--Any failure to obey the order of the court 
    may be punished by the court as a contempt of court.
        (4) Process.--Process in any proceeding under this subsection 
    may be served in the United States judicial district in which the 
    person being proceeded against resides or conducts business or 
    wherever the person may be found.

SEC. 11. CONFIDENTIALITY.

    (a) Prohibition.--No information on how a person voted in a 
referendum conducted under this Act shall be made public.
    (b) Penalty.--Any person who knowingly violates subsection (a) or 
the confidentiality terms of an order, as described in section 5(j)(2), 
shall be subject to a fine of not less than $1,000 nor more than $10,000 
or to imprisonment for not more than 1 year, or both. If the person is 
an officer or employee of the Department of Agriculture or the PromoFlor 
Council, the person shall be removed from office.
    (c) Additional Prohibition.--No information obtained under this Act 
may be made available to any agency or officer of the Federal Government 
for any purpose other than the implementation of this Act or an 
investigatory or enforcement action necessary for the implementation of 
this Act.
    (d) Withholding Information From Congress Prohibited.--Nothing in 
this Act shall be construed to authorize the withholding of information 
from Congress.
  SEC. 12. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE ORDER.
    If the Secretary finds that an order, or any provision of the order, 
obstructs or does not tend to effectuate the policy of this Act 
specified in section 2(b), the Secretary shall terminate or suspend the 
operation of the order or provision under such terms as the Secretary 
determines are appropriate.

SEC. 13. CONSTRUCTION.

    (a) Termination or Suspension Not an Order.--The termination or 
suspension of an order, or a provision of an order, shall not be 
considered an order under the meaning of this Act.
    (b) Producer Rights.--This Act--
        (1) may not be construed to provide for control of production or 
    otherwise limit the right of individual cut flowers and cut greens 
    producers to produce cut flowers and cut greens; and
        (2) shall be construed to treat all persons producing cut 
    flowers and cut greens fairly and to implement any order in an 
    equitable manner.
    (c) Other Programs.--Nothing in this Act may be construed to preempt 
or supersede any other program relating to cut flowers or cut greens 
promotion and consumer information organized and operated under the laws 
of the United States or a State.

SEC. 14. REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry 
out this Act and the powers vested in the Secretary by this Act, 
including regulations relating to the assessment of late payment charges 
and interest.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each 
fiscal year such sums as are necessary to carry out this Act.
    (b) Administrative Expenses.--Funds appropriated under subsection 
(a) may not be used for the payment of the expenses or expenditures of 
the PromoFlor Council in administering a provision of an order.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.