[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Notices]
[Pages 19301-19302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10166]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service
[FV-96-701]


Fresh Cut Flowers and Fresh Cut Greens Promotion and Information 
Order; Referendum Order

AGENCY: Agricultural Marketing Service, USDA

ACTION: Notice; Referendum order.

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SUMMARY: This document gives notice that a referendum will be conducted 
to determine whether qualified handlers of fresh cut flowers and greens 
favor the continuation of the Fresh Cut Flowers and Fresh Cut Greens 
Promotion and Information Order (Order). The Order must be favored by a 
simple majority of the qualified handlers voting in the referendum. 
This action establishes the voting period, representative period, 
method of voting, and agents.

DATES: The referendum will be conducted by mail ballot from June 2 
through June 20, 1997. The representative period for establishing voter 
eligibility shall be the period from January 1, 1996, through December 
31, 1996.

ADDRESSES: Copies of the Fresh Cut Flowers and Fresh Cut Greens 
Promotion and Information Order may be obtained from: Referendum Agent, 
Research and Promotion Branch, Fruit and Vegetable Division, AMS, USDA, 
P.O. Box 96456, Room 2535-S, Washington, DC 20090-6456, fax (202) 205-
2800.

FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and 
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 
96456, Room 2535-S, Washington, DC 20090-6456, telephone (202) 720-9916 
or (888) 720-9917.

SUPPLEMENTARY INFORMATION: A referendum will be conducted among 
qualified handlers of fresh cut flowers and greens to determine whether 
the continuance of the Fresh Cut Flowers and Fresh Cut Greens Promotion 
and Information Order (Order) (7 CFR Part 1208) is favored by persons 
voting in the referendum. The Order is authorized under the Fresh Cut 
Flowers and Fresh Cut Greens Promotion and Information Act (Act) (7 
U.S.C. 6801-6814).
    The representative period for establishing voter eligibility for 
the referendum shall be the period from January 1, 1996, through 
December 31, 1996. Only those wholesale handlers (including, but not 
limited to, wholesale jobbers, bouquet and floral article 
manufacturers, auction houses that clear the sale of cut flowers and 
greens, and retail distribution centers), producers, and importers who 
have annual sales of $750,000 or more of fresh cut flowers and greens 
and who sell those products to exempt handlers, retailers, or consumers 
are considered qualified handlers and are eligible to vote in the 
referendum. Persons who have received an exemption from assessment for 
the entire representative period are ineligible to vote. The referendum 
shall be conducted by mail ballot from June 2 through 20, 1997.
    Section 7 of the Act provides that the Secretary of Agriculture 
(Secretary) shall conduct a referendum not later than 3 years after the 
issuance of an order to ascertain whether the order then in effect 
shall be continued. The Order was issued on December 29, 1994. 
Paragraph (a)(2) of Section 7 of the Act requires that the Order be 
approved by a simple majority of all votes cast in the referendum. In 
addition, paragraph (b) of Section 7 of the Act specifies that each 
qualified handler eligible to vote in the referendum shall be entitled 
to cast one vote for each separate facility of the person that is an 
eligible separate facility. Eligible separate facility is defined in 
paragraph (b)(2) of Section 7 of the Act as a handling or marketing 
facility of a qualified handler that is physically located away from 
other facilities of the qualified handler or that the business function 
of the separate facility is substantially different from the functions 
of other facilities owned or operated by the qualified handler and the 
annual sales of cut flowers and cut greens to retailers and exempt 
handlers from the facility are $750,000 or more annually. The Order 
shall continue in effect if it is approved by a simple majority of 
qualified handlers voting in the referendum. If the Secretary 
determines that the Order has not been approved by a simple majority of 
all votes in the referendum, or 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 terminate or 
suspend the collection of assessments under the Order and suspend or 
terminate activities under the Order as soon as practicable.
    In accordance with the Paperwork Reduction Act of 1995 [Pub. L. 
104-13], the referendum ballot has been approved by the Office of 
Management and Budget (OMB) and has been assigned OMB number 0581-0093. 
There are approximately 692 eligible voters representing approximately 
923 votes, some of which represent separate facilities. It will take an 
average of 15 minutes for each voter to read the voting instructions 
and complete the referendum ballot. The total burden on the total 
number of voters will be 77 hours.

Referendum Order

    It is hereby directed that a referendum be conducted among 
qualified handlers to determine whether they favor the continuance of 
the Order. The representative period for establishing voter eligibility 
for the referendum shall be the period from January 1, 1996, through 
December 31, 1996. A referendum shall be conducted by mail ballot from 
June 2 through 20, 1997.
    Section 7 of the Act provides that the Secretary of Agriculture 
(Secretary) shall conduct a referendum not later than 3 years after the 
issuance of an order to ascertain whether the order then in effect 
shall be continued. The Order shall be continued only if approved by a 
simple majority of all votes cast in the referendum.
    Referendum procedures were published in the Federal Register on 
April 14, 1997 [62 FR 18033]. The Procedure for the Conduct of 
Referenda in Connection with the Fresh Cut

[[Page 19302]]

Flowers and Fresh Cut Greens Promotion and Information Order [7 CFR 
1208.200-1208.207] shall be used to conduct the referendum. Ballots 
will be mailed to all known qualified handlers on or before June 2, 
1997. Eligible voters who do not receive a ballot by mail may call the 
following toll-free telephone number to receive a ballot: 1 (888) 720-
9917. All ballots will be subject to verification. Ballots must be 
received by the referendum agents no later than June 20, 1997, to be 
counted.
    Sonia N. Jimenez and Martha B. Ransom, Research and Promotion 
Branch, Fruit and Vegetable Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, Room 2535-S, P.O. Box 96456, 
Washington, DC 20090-6456, are designated as the referendum agents of 
the Secretary of Agriculture to conduct the referendum.
    Ballots to be cast in the referendum, and any related material 
relevant to the referendum, will be mailed by the referendum agents to 
all known qualified handlers. Qualified handlers, as defined in the 
Order, who had $750,000 gross sales of fresh cut flowers and greens 
during the representative period are eligible to vote. Persons who have 
received an exemption from assessment for the entire representative 
period are ineligible to vote.

List of Subjects in 7 CFR Part 1208

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Cut flowers, Cut greens, Promotion, 
Reporting and recordkeeping requirements.

    Authority: 7 U.S.C. 6801-6814.

    Dated: April 14, 1997.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 97-10166 Filed 4-18-97; 8:45 am]
BILLING CODE 3410-02-P