[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 994 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 994

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 20 (legislative day, April 19), 1993

  Mr. Pryor (for himself, Mr. Heflin, Mr. Cochran, and Mr. McConnell) 
introduced the following bill; which was read twice and referred to the 
            Committee on Agriculture, Nutrition, and Foresty

_______________________________________________________________________

                                 A BILL


 
  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; 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; 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 consumed by millions of 
        persons every year for a multitude of special purposes 
        (especially important personal events), and contribute a 
        natural and beautiful element to what is increasingly a man-
        made, artificial environment;
            (2) cut flowers and cut greens are produced by many 
        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;
            (3) 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;
            (4) handlers play a vital role in the marketing of cut 
        flowers and cut greens in that handlers purchase most of the 
        cut flowers and cut greens marketed by producers, prepare the 
        cut flowers and cut greens for retail consumption, serve as an 
        intermediary between the source of the product and the 
        retailer, otherwise facilitate the entry of cut flowers and cut 
        greens into the current of domestic commerce, and add 
        efficiencies to the market process that ensure the availability 
        of a much greater variety of the product and substantial price 
        savings to retailers and consumers;
            (5) 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;
            (6) cut flowers and cut greens move in interstate and 
        foreign commerce, and 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 
        these products;
            (7) the maintenance and expansion of markets 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;
            (8) 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;
            (9) 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 existing 
        markets and the development of new markets for cut flowers and 
        cut greens have been prevented;
            (10) 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 by enhancing their market development efforts for domestic 
        producers;
            (11) 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 these 
        products; and
            (12) the most efficient method of financing such a 
        nationwide program is to assess cut flowers and cut greens at 
        the point cut flowers and cut greens are sold by handlers into 
        the retail market.
    (b) Policy and Purpose.--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 cut flowers and 
cut greens 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, produced 
                        either 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) produced either 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 derived from the sale 
        of cut flowers or cut greens from a handler to a retailer.
            (4) Handlers.--
                    (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 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.
                            (ii) Inclusions and exclusions.--The term 
                        ``qualified handler'' includes--
                                    (I) a bouquet manufacturer (subject 
                                to paragraph (2)(B));
                                    (II) an auction house that clears 
                                the sale of cut flowers and cut greens 
                                to retailers and exempt handlers 
                                through a central clearinghouse; and
                                    (III) a distribution center that is 
                                owned or controlled by a retailer--
                                            (aa) if the predominant 
                                        retail business activity of the 
                                        retailer is floral sales; or
                                            (bb) when a majority of the 
                                        cut flowers and cut greens 
                                        sales or transfers from the 
                                        center are to entities other 
                                        than entities owned or 
                                        controlled by the retailer.
                            (iii) Transfers.--For purposes of 
                        determining sales of cut flowers and cut greens 
                        to a retailer from a distribution center under 
                        clause (ii)(III), each non-sale transfer to a 
                        retailer shall be treated as a sale in an 
                        amount calculated as provided in subparagraph 
                        (C).
                            (iv) Transportation or delivery.--The term 
                        ``qualified handler'' does not include a person 
                        who merely physically transports or delivers 
                        cut flowers or cut greens without more.
                            (v) Construction.--
                                    (I) In general.--The term 
                                ``qualified handler'' includes an 
                                importer or producer that sells cut 
                                flowers or cut greens the importer or 
                                producer has imported into the United 
                                States or produced, respectively, and 
                                sells the articles directly to 
                                consumers and whose sales of the 
                                articles (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.--For purposes of 
                                this clause:
                                            (aa) Importer.--The term 
                                        ``importer'' has the same 
                                        meaning as that provided for 
                                        the term in section 
                                        5(b)(2)(B)(iii)(I).
                                            (bb) Producer.--The term 
                                        ``producer'' has the same 
                                        meaning as that provided for 
                                        the term in section 
                                        5(b)(2)(B)(ii)(I).
                    (B) Exempt handler.--The term ``exempt handler'' 
                means a person that 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 purposes 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 a product 
                        sold.
                            (ii) Transfers.--In the case of the non-
                        sale transfer of cut flowers or cut greens from 
                        a distribution center (as described in 
                        subparagraph (A)(ii)(III)) and a direct sale to 
                        a consumer (as described in subparagraph 
                        (A)(v)), the amount of the sale shall be the 
                        price paid by the distribution center, or 
                        importer, respectively, to acquire the cut 
                        flowers or cut greens plus--
                                    (I) an amount determined by 
                                multiplying the acquisition price by a 
                                uniform percentage established by the 
                                PromoFlor Council to represent the 
                                mark-up of a wholesale handler on a 
                                sale to a retailer; or
                                    (II) in the case of a direct sale 
                                to a consumer by a producer, an amount 
                                determined by applying to the price 
                                paid by the consumer a uniform 
                                percentage established by the PromoFlor 
                                Council to represent the cost of 
                                producing the article and the mark-up 
                                of a wholesale handler on a sale to a 
                                retailer.
            (5) Person.--The term ``person'' means an individual, group 
        of individuals, firm, partnership, corporation, joint stock 
        company, association, society, cooperative, or other legal 
        entity.
            (6) Promoflor council.--The term ``PromoFlor Council'' 
        means the Fresh Cut Flowers and Fresh Cut Greens Promotion 
        Council established under section 5(b).
            (7) 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.
            (8) 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.
            (9) 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 issued under this Act) that sells 
                cut flowers or cut greens to consumers.
                    (B) Distribution centers.--The term ``retailer'' 
                includes a distribution center owned or controlled by a 
                person described in subparagraph (A) only if--
                            (i) the predominant retail business 
                        activity of the retailer is not floral sales; 
                        and
                            (ii) the majority of the cut flowers and 
                        cut greens sales or transfers from the center 
                        are to entities owned or controlled by the 
                        person.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (11) 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).
            (12) United states.--The term ``United States'' means the 
        States collectively.

SEC. 4. ISSUANCE OF ORDERS.

    (a) In General.--
            (1) Issuance.--To effectuate the purpose of this Act, 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 issued under this Act shall be 
        national in scope.
            (3) One order.--Not more than one order shall be in effect 
        under this Act at any time.
    (b) Procedures.--
            (1) Proposal for an order.--
                    (A) Secretary.--The Secretary may propose the 
                issuance of an order under this Act.
                    (B) Industry group.--An industry group of long 
                standing that represents a substantial number of the 
                industry members who are to be assessed under the order 
                (as determined by the Secretary) may request the 
                issuance of, and submit a proposal for, an order under 
                this Act.
            (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); or
                    (B) the date of the receipt by the Secretary of a 
                proposal for an order from an industry group, 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 provisions necessary to ensure 
                that the order is in conformity with the requirements 
                of this Act.
                    (B) Effective date.--The order shall be issued and 
                become effective not later than 150 days following 
                publication of the proposed order.
    (c) Amendments.--The Secretary, from time to time, may amend an 
order issued under this Act. The provisions of this Act applicable to 
an order shall be applicable to amendments to the order.

SEC. 5. REQUIRED TERMS IN ORDERS.

    (a) In General.--An order issued under this Act shall contain the 
terms and provisions prescribed 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 21 members, to 
                administer the order.
                    (B) Membership.--The order shall provide that 
                members of the PromoFlor Council shall be appointed by 
                the Secretary from nominations submitted by qualified 
                wholesale handlers, producers and importers that are 
                qualified handlers, and retailers, as provided in 
                paragraphs (2) and (3).
            (2) Distribution of appointments.--
                    (A) In general.--The order shall provide that the 
                membership of the PromoFlor Council shall be made up 
                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; and
                            (iv) 1 member representing cut flowers and 
                        cut greens retailers.
                    (B) Definitions.--As used in this subsection:
                            (i) Qualified wholesale handlers.--
                                    (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 wholesale 
                                        jobber.--The term ``floral 
                                        wholesale jobber'' means a 
                                        person that conducts a 
                                        commission or other wholesale 
                                        business in buying and selling 
                                        cut flowers or cut greens.
                                            (bb) 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.
                            (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 
                                        the persons that gather the cut 
                                        greens for handling; and
                                    (II) that is subject to assessments 
                                as a qualified handler under the order.
                            (iii) 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.
                    (C) Distribution of qualified wholesale handler 
                appointments.--The order shall provide that the 
                qualified wholesale handler appointments made by the 
                Secretary to the PromoFlor Council 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 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 under regulations 
                prescribed by the Secretary;
                    (C) nominations for the retailer appointment shall 
                be made by the American Floral Marketing Council or a 
                successor entity; and
                    (D) in any case in which qualified wholesale 
                handlers, producers that are qualified handlers, 
                importers that are qualified handlers, or retailers 
                fail to nominate individuals for an appointment to the 
                PromoFlor Council, the Secretary may appoint a person 
                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 
        under 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, \1/3\ of the terms shall be for 
                2-year terms, \1/3\ of the terms shall be for 3-year 
                terms, and \1/3\ of the terms 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) PromoFlor Council members 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 
                        composed 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 
                                retailers.
                            (iii) Subsequent membership.--After the 
                        initial appointments, appointments 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.--An initial appointment to the 
                        executive committee shall be for a term of 2 
                        years. After the initial appointments, an 
                        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 Council 
                under the order to hire and manage staff and conduct 
                the routine business of the PromoFlor Council 
                consistent with the policies 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 only be 
        used for a purpose for which the invested funds may be used; 
        and
            (11) furnish the Secretary with 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 PromoFlor Council in the implementation of 
        the order, including projected costs of cut flowers and cut 
        greens promotion, consumer information, and related research 
        plans and projects.
            (2) Plans or 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 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 PromoFlor 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 market development research, 
                        research with respect to the sale, 
                        distribution, marketing, or use of cut flowers 
                        or cut greens, and other research with respect 
                        to cut flowers or cut greens marketing, 
                        promotion, or consumer information;
                            (ii) the dissemination of the information 
                        gained by the activities; and
                            (iii) the disbursement of necessary funds 
                        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.--No budget, or plan or project 
        for cut flowers or cut greens promotion, consumer information, 
        or related research, shall be implemented prior to the 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 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 
                implementation of the plan or project 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 
                        shall show 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 keep accurate records of all of the 
                        transactions of the party, account for funds 
                        received and expended, make periodic reports to 
                        the PromoFlor Council of activities conducted, 
                        and 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 those 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 prescribe;
                    (B) prepare and submit to the Secretary, from time 
                to time, such reports as the Secretary may prescribe; 
                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 PromoFlor 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 only include 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 prescribed by 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 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) 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)(III)), and each 
                                direct sale of cut flowers or cut 
                                greens to a consumer by a qualified 
                                handler that is an importer or producer 
                                (as described in section 3(4)(A)(v)), 
                                shall be treated as a sale of cut 
                                flowers or cut greens to a retailer 
                                subject to assessments under this 
                                subsection.
                                    (II) Amount.--The amount of the 
                                assessment under this clause shall 
                                equal--
                                            (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 by a uniform percentage 
                                        established by the PromoFlor 
                                        Council to represent the mark-
                                        up of a wholesale handler on a 
                                        sale to a retailer (or in the 
                                        case of a direct sale to a 
                                        consumer by a producer, an 
                                        amount determined by applying 
                                        to the price paid by the 
                                        consumer a uniform percentage 
                                        established by the PromoFlor 
                                        Council to represent the cost 
                                        of producing the article and 
                                        the mark-up of a wholesale 
                                        handler on a sale to a 
                                        retailer).
            (2) 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 the gross sales price of a product sold 
                or (in the case of transactions described in paragraph 
                (1)(C)(ii)) of 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 the gross sales 
                        price of a product sold or (in the case of 
                        transactions described in paragraph (1)(C)(ii)) 
                        of 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 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 a \2/3\ 
                                majority vote and approved by the 
                                Secretary as necessary to achieve the 
                                objectives of this Act;
                                    (II) shall be announced by the 
                                PromoFlor Council at least 30 days 
                                prior to going into effect; and
                                    (III) shall not be subject to a 
                                vote in a referendum 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 from 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 goes into 
                        effect, as provided in section 4(b)(3), and 
                        ending on the date the initial referendum on 
                        the order provided for in 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 prescribed by 
                                the PromoFlor Council.
                                    (II) The refund shall be made only 
                                on submission of proof satisfactory to 
                                the Board that the qualified handler 
                                paid the assessment for which 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 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 paid out 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 
        those administrative costs incurred by the Secretary in 
        implementing and administering this Act, except for the 
        salaries of Federal Government employees incurred in conducting 
        referenda.
    (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 may be required by the 
        order and file reports at the time, in the manner, and having 
        the content prescribed by the order, to the end that 
        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 required.--
                    (A) In general.--Information obtained from books, 
                records, or reports under the authority provided in 
                paragraph (1), 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 publication.--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, which 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 violating 
                        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 periodically shall 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 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 an agency or 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 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 issued under this Act 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 purposes of applying the $750,000 
        annual sales limitation to a person 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 procedures specified in the 
                order.
            (2) Rule of attribution.--
                    (A) In general.--For purposes 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 
                        individual;
                            (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 and 
                        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 purposes 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 purposes of this subsection, the order 
        may require a person that sells cut flowers or cut greens to 
        retailers to submit reports to the PromoFlor Council on annual 
        sales by the person. The reports shall be subject to the 
        confidentiality requirements of section 5(j)(2).

SEC. 7. REFERENDA.

    (a) Requirement for Initial Referendum.--
            (1) Conduct.--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 or 
        not 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 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 purposes of paragraph 
        (1):
                    (A) Separate facility.--A handling or marketing 
                facility of a qualified handler shall be considered 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 than the functions of other facilities owned 
                or operated by the qualified handler.
                    (B) Eligibility.--A separate facility of a 
                qualified handler shall be considered 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 purposes of 
                determining the amount of annual sales of cut flowers 
                and cut greens under subparagraph (B), the requirements 
                of subparagraphs (A) and (C) of section 3(4) shall 
                apply.
    (c) Suspension or Termination Referenda.--Effective beginning on 
the date that is 3 years after an order issued under this Act is 
approved in a referendum conducted under subsection (a), 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 or not qualified handlers favor suspension or 
        termination of the order; and
            (2) whenever 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 or not 
        qualified handlers favor suspension or termination of the 
        order.
    (d) Suspension or Termination.--If, as a result of the referendum 
conducted under subsection (a)(2), 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) within 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 in an orderly manner as soon as practicable.
    (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 issued under 
        this Act 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 shall 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 made in accordance with law.
    (b) Review.--
            (1) Commencement of action.--The district courts of the 
        United States in any district in which a person that is a 
        petitioner under subsection (a) resides or carries on 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 within 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 Under Section 9.--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 made or 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 a violation of 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 that 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, order, or regulation described in 
        paragraph (1)(A).
            (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 against whom the 
        penalty is assessed or the order is issued 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 
                cease and desist order is issued under subsection (c) 
                may obtain review of the penalty or order by--
                            (i) filing, within the 30-day period 
                        beginning on the date the penalty is assessed 
                        or order is issued, a notice of appeal in the 
                        district court of the United States for the 
                        district in which the person resides or has a 
                        principal place of business, or in the United 
                        States district court for the District of 
                        Columbia; and
                            (ii) simultaneously 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 that 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 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 has 
        a principal place of business.
            (2) Scope of review.--In the action, 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 an order or 
regulation issued under this Act.
    (b) Subpoenas, Oaths, and Affirmations.--
            (1) In general.--For the purpose of conducting 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 any 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 any 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 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 
        carried on, or where the person resides or carries on business, 
        in order to enforce a subpoena issued under subsection (b).
            (2) Order.--The court may issue an order requiring the 
        person to comply with such a subpoena.
            (3) Failure to obey.--Any failure to obey the order of the 
        court may be punished by the court as a contempt of the order.
            (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 carries 
        on 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, and, if 
an officer or employee of the Department of Agriculture or the 
PromoFlor Council, 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.

    Whenever the Secretary finds that an order issued under this Act, 
or any provision of the order, obstructs or does not tend to effectuate 
the declared policy of this Act, the Secretary shall terminate or 
suspend the operation of the order or provision under such terms as the 
Secretary determines appropriate.

SEC. 13. CONSTRUCTION.

    (a) Termination or Suspension not an Order.--The termination or 
suspension of an order, or any provision of an order, shall not be 
considered an order within 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 
        established under this Act 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.

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 payment of the expenses or expenditures of the 
PromoFlor Council in administering any provision of an order issued 
under this Act.

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