US (United States) Code. Title 7. Chapter 74: Floral research and consumer information

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 24 páginas
publicidad

-CITE-

7 USC CHAPTER 74 - FLORAL RESEARCH AND CONSUMER

INFORMATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

.

-HEAD-

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-MISC1-

Sec.

4301. Congressional findings and declaration of policy.

4302. Definitions.

4303. Floral research and promotion orders.

4304. Notice and hearing.

4305. Finding and issuance of orders.

4306. Required terms in orders.

4307. Permissive terms in orders.

4308. Referendum; necessity, etc.

4309. Suspension and termination of orders.

(a) Prerequisites.

(b) Referendum.

(c) Nature of order.

4310. Amendments to orders.

4311. Exemption from assessments.

4312. Refund of assessments.

4313. Administrative and judicial review; procedures applicable.

4314. Enforcement of provisions.

4315. Certification of organizations; applicable criteria and

considerations.

4316. Regulations.

4317. Investigations; subpena powers, etc.; enforcement.

4318. Separability.

4319. Authorization of appropriations.

-CITE-

7 USC Sec. 4301 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4301. Congressional findings and declaration of policy

-STATUTE-

Flowers and plants are an integral part of American life,

contributing a natural and beautiful element, especially in urban

areas, to what is increasingly a manmade, artificial environment

for this country's citizens. Providing comfort and pleasure for

many special occasions as well as for everyday living, flowers and

plants work against visual pollution and, in the case of green

plants, generate oxygen within their environment. The flowers and

plants to which this chapter refers are cut flowers, potted

flowering plants, and foliage plants. These flowers and plants are

produced by many individual producers throughout the United States

and in foreign countries. These products move in interstate and

foreign commerce, and those that do not move in such channels of

commerce directly burden or affect interstate commerce of these

products. The maintenance and expansion of existing markets and

the development of new or improved markets and uses are vital to

the welfare of flower and plant producers, brokers, wholesalers,

and retailers throughout the Nation. The floral industry within the

United States is comprised mainly of small- and medium-sized

businesses. The producers are primarily agriculturally-oriented

companies rather than promotion-oriented companies. The

development and implementation of coordinated programs of research

and promotion necessary for the maintenance of markets and the

development of new markets have been inadequate. Without

cooperative action in providing for and financing such programs,

individual flower and plant producers, wholesalers, and retailers

are unable to implement programs of research, consumer and producer

information, and promotion necessary to maintain and improve

markets for these products. It is widely recognized that it is in

the public interest to provide an adequate, steady supply of fresh

flowers and plants to the consumers of the Nation. The American

consumer requires a continuing supply of quality and affordable

flowers and plants as an important element in the quality of life.

It is, therefore, declared to be the policy of Congress and the

purpose of this chapter that it is essential and in the public

interest to authorize the establishment of an orderly procedure for

the development and financing, through an adequate assessment, of

an effective and coordinated program of research, consumer and

producer education, and promotion designed to strengthen the floral

industry's position in the marketplace and maintain, develop, and

expand markets for flowers, plants, and flowering plants. Nothing

in this chapter may be construed to dictate quality standards or

provide for control of production or otherwise limit the right of

individual flower and plant producers to produce commercial flowers

and plants. Nothing in this chapter may be construed as a trade

barrier to flowers and plants produced in foreign countries, and

this chapter treats foreign producers equitably.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1702, Dec. 22, 1981, 95 Stat.

1348.)

-MISC1-

SHORT TITLE

Section 1701 of title XVII of Pub. L. 97-98 provided that: ''This

title (enacting this chapter) may be cited as the 'Floral Research

and Consumer Information Act'.''

EFFECTIVE DATE

Section 1801 of Pub. L. 97-98 provided that: ''Except as

otherwise provided herein, the provisions of this Act (see Tables

for classification) shall become effective on enactment (Dec. 22,

1981).''

-CITE-

7 USC Sec. 4302 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4302. Definitions

-STATUTE-

As used in this chapter -

(1) The term ''Secretary'' means the Secretary of Agriculture of

the United States Department of Agriculture.

(2) The term ''person'' means any individual, group of

individuals, partnership, corporation, association, cooperative, or

any other entity.

(3) The term ''cut flowers'' means all flowers and decorative

foliage used as fresh-cut flowers, fresh-cut decorative foliage,

dried, preserved, and processed flowers, or dried and preserved

decorative foliage, produced either under cover or in field

operations.

(4) The term ''potted flowering plants'' means those plants that

normally produce flowers, primarily produced in pots or similar

containers, that are primarily used for interior decoration,

whether grown under cover or in field operations.

(5) The term ''foliage plants'' means those plants, normally

without flowers, primarily produced in pots or similar containers,

that are primarily used for interior decorations, whether grown

under cover or in field operations.

(6) The term ''propagational material'' means any plant material

used in the propagation of cut flowers, potted flowering plants,

and foliage plants, including cuttings, bulbs and corms, seedlings,

canes, liners, plants, cells or tissue cultures, air layers and

bublets, (FOOTNOTE 1) rhizomes, and root stocks. This term does

not include seeds.

(FOOTNOTE 1) So in original. Probably should be ''bulblets,''.

(7) The term ''flowers and plants'' means cut flowers, potted

flowering plants, foliage plants, and propagational material.

(8) The term ''United States'' means the fifty States of the

United States of America, the territories and possessions of the

United States of America, and the District of Columbia.

(9) The term ''promotion'' means any action, including paid

advertising, to advance the image or desirability of cut flowers,

potted flowering plants, and foliage plants.

(10) The term ''research'' means any type of research to advance

the image, desirability, or marketability of cut flowers, potted

flowering plants, and foliage plants.

(11) The term ''consumer education'' means any action to provide

information on the care and handling of cut flowers, potted

flowering plants, and foliage plants.

(12) The term ''marketing'' means the sale or other disposition

in commerce of cut flowers, potted flowering plants, and foliage

plants.

(13) Unless otherwise noted, the term ''producer'' means any

person who produces domestically, for sale in commerce, cut

flowers, potted flowering plants, or foliage plants.

(14) The term ''Floraboard'' means the board provided for under

section 4306 of this title.

(15) The term ''importer'' means any person who imports cut

flowers, potted flowering plants, or foliage plants from outside of

the United States or who acts as an agent, broker, or consignee of

any person or nation that produces flowers and plants outside of

the United States for sale in the United States.

(16) The term ''commodity group'' means that portion of the

flower and plant industry devoted to the production and importation

of any one of the following: (A) cut flowers; (B) potted flowering

plants; or (C) foliage plants.

(17) The term ''cost of plant material'' means the actual price

paid by a producer for any propagational material or any other

flowers and plants used in the production of flowers and plants.

This term does not include the cost of seeds.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1703, Dec. 22, 1981, 95 Stat.

1349.)

-CITE-

7 USC Sec. 4303 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4303. Floral research and promotion orders

-STATUTE-

To effectuate the declared policy of this chapter, the Secretary

shall, subject to the provisions of this chapter, issue and, from

time to time, may amend orders applicable to persons engaged in

production, sale, importation, or handling of flowers and plants.

Such orders shall be applicable to all production or marketing

areas, or both, in the United States.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1704, Dec. 22, 1981, 95 Stat.

1350.)

-CITE-

7 USC Sec. 4304 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4304. Notice and hearing

-STATUTE-

Whenever the Secretary has reason to believe that the issuance of

an order will tend to effectuate the declared policy of this

chapter, the Secretary shall give due notice and opportunity for

hearing upon a proposed order. Such hearing may be requested and a

proposal for an order submitted by an organization certified

pursuant to section 4315 of this chapter, or by any interested

person affected by the provisions of this chapter, including the

Secretary.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1705, Dec. 22, 1981, 95 Stat.

1350.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4305, 4315 of this title.

-CITE-

7 USC Sec. 4305 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4305. Finding and issuance of orders

-STATUTE-

After notice and opportunity for hearing as provided in section

4304 of this title, the Secretary shall issue an order if the

Secretary finds, and sets forth in such order, upon the evidence

introduced at such hearing, that the issuance of such order and all

the terms and conditions thereof will tend to effectuate the

declared policy of this chapter.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1706, Dec. 22, 1981, 95 Stat.

1350.)

-CITE-

7 USC Sec. 4306 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4306. Required terms in orders

-STATUTE-

Orders issued pursuant to this chapter shall contain the

following terms and conditions and, except as provided in section

4307 of this title, no others:

(1) Providing for the establishment and appointment by the

Secretary of a board to be named ''Floraboard'', which shall

consist of not more than seventy-five voting members, and defining

its powers and duties, which shall include only the powers to (A)

administer such order in accordance with its terms and provisions,

(B) make rules and regulations to effectuate the terms and

provisions of such order, (C) receive, investigate, and report to

the Secretary complaints of violations of such order, and (D)

recommend to the Secretary amendments of such order. The term of

an appointment to the Floraboard shall be for three years with no

member serving more than two consecutive three-year terms:

Provided, That of the initial appointments, one-third shall be for

a term of one year and one-third shall be for a term of two years.

The Floraboard shall appoint from its members an executive

committee, consisting of not more than fifteen members, whose

membership shall, to the maximum extent practicable, reflect the

membership composition of the Floraboard, and whose commodity group

representation shall be proportional to that of the Floraboard.

Such executive committee shall have the authority to employ a staff

and conduct routine business within the policies determined by the

Floraboard.

(2) Providing that the Floraboard shall be composed of producers

and importers appointed by the Secretary from nominations submitted

by organizations certified pursuant to section 4315 of this title

or if the Secretary determines that a substantial number of

producers or importers are not members of or their interests are

not represented by any such certified organization then from

nominations made by such producers or importers in a manner

authorized by the Secretary. Certified organizations shall submit

one nomination for each position on the Floraboard. Initially, the

Floraboard shall be composed of one-third producers and importers

of cut flowers, one-third producers and importers of potted

flowering plants, and one-third producers and importers of foliage

plants. Two years after assessment of funds commences pursuant to

an order, and periodically thereafter, the Floraboard shall adjust

the commodity group representation of these commodity groups on the

basis of the amount of assessments, less refunds, collected from

each commodity group. There shall at all times be more producers

representing a particular commodity group on the Floraboard than

importers representing that commodity group. In addition to

commodity group representation, the periodic adjustment of the

membership of the Floraboard shall reflect, to the maximum extent

practicable, the proportionate share of assessments, less refunds,

collected from producers in each of several geographic areas of the

United States to be defined by the Secretary, and the proportionate

share of assessments, less refunds, collected from importers of

flowers and plants imported into the United States from each

country.

(3) Providing that the Floraboard shall, subject to the

provisions of paragraph 8 of this section, develop and submit to

the Secretary for approval advertising, sales promotion, consumer

education, research, and development plans or projects and that any

such plan or project must be approved by the Secretary before

becoming effective.

(4) Providing that the Floraboard shall, subject to the

provisions of paragraph 8 of this section, submit to the Secretary

for approval budgets on a fiscal period basis of its anticipated

expenses and disbursements in the administration of the order,

including probable costs of advertising, promotion, consumer

education, research, and development projects.

(5) Providing that -

(A) For each sale of flowers and plants by a producer within

the United States, such producer shall pay an assessment to the

Floraboard based on the dollar value of such sales transaction

minus the cost of plant material. If the producer is a retailer,

the assessment will be based on the then current wholesale value

of the flowers and plants less the cost of plant material. In

the case of consignment sales, the assessment shall be paid by

the producer based on the dollar value of the sale of flowers and

plants less the sales commission, freight cost, and cost of plant

material.

(B) For each sale of imported flowers and plants within the

United States by the importer of such flowers and plants, such

importer shall pay an assessment to the Floraboard based on the

dollar value of such sales transaction, without deducting the

cost of plant material. If the importer is a retailer, the

assessment will be made on the purchase price. In the case of

consignment sales, the assessment shall be paid by the importer

and shall be based on the dollar value of the sale of flowers and

plants less the sales commission and cost of transportation

within the United States.

(C) The assessments provided for in this section shall be

remitted to the Floraboard, at the time and in the manner

prescribed in the order and regulations thereunder, and shall be

used for such expenses and expenditures (including provision for

a reasonable reserve and those administrative costs incurred by

the Department of Agriculture after an order has been promulgated

under this chapter) as the Secretary finds are reasonable and

likely to be incurred by the Floraboard under the order during

any period specified by the Secretary.

(6) Providing that the initial rate of assessment, which rate

shall remain in effect for the first two years after an order is

approved in a referendum, shall not exceed one-half of 1 per centum

of the value of flowers and plants sold, as determined under the

provisions of paragraph (5) of this section: Provided, That the

Floraboard may thereafter increase or decrease the rate of

assessment prescribed by the order by no more than one-quarter of 1

per centum of the value of flowers and plants sold per year:

Provided further, That in no event shall the rate of assessment

exceed 1 1/2 per centum of the value of flowers and plants sold.

(7) Providing that the Floraboard shall maintain such books and

records and shall prepare and submit to the Secretary, from time to

time, such reports as the Secretary may prescribe, and providing

for appropriate accounting by the Floraboard with respect to the

receipt and disbursement of all funds entrusted to it.

(8) Providing that the Floraboard, with the approval of the

Secretary, may enter into contracts or agreements for development

and carrying out of the activities authorized under the order

pursuant to sections 4307(1) and (2) of this title and for the

payment of the cost thereof with funds collected pursuant to the

order. The Floraboard may contract with industry groups, profit or

nonprofit companies, private and State colleges and universities,

and governmental groups. Any such contract or agreement shall

provide (A) that the contracting party shall develop and submit to

the Floraboard a plan or project together with a budget or budgets

which shall show estimated costs to be incurred for such plan or

project, (B) that any such plan or project shall become effective

upon the approval of the Secretary, and (C) that the contracting

party shall keep accurate records of all its transactions and make

periodic reports to the Floraboard of activities carried out and an

accounting for funds received and expended, and such other reports

as the Secretary may require.

(9) Providing that the Floraboard may convene, from time to time,

advisory panels drawn from the production, importation, wholesale,

and retail segments of the flower and plant industry to assist in

the development of marketing and research programs.

(10) Providing that no funds collected or received by the

Floraboard shall in any manner be used for the purpose of

influencing governmental policy or action, except as provided by

paragraph (1)(D) of this section.

(11) Providing that Floraboard members and members of any

advisory panels convened shall serve without compensation but shall

be reimbursed for their reasonable expenses incurred in performing

their duties as members of the Floraboard or advisory panel.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1707, Dec. 22, 1981, 95 Stat.

1350.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4302, 4315 of this title.

-CITE-

7 USC Sec. 4307 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4307. Permissive terms in orders

-STATUTE-

Orders issued pursuant to this chapter may contain one or more of

the following terms and conditions:

(1) Providing for the establishment, issuance, effectuation, and

administration of appropriate plans or projects for advertising,

sales promotion, urban beautification, and consumer education with

respect to the use of flowers and plants, and for the disbursement

of necessary funds for such purposes: Provided, That any such plan

or project shall be directed toward increasing the general demand

for flowers and plants and shall make no reference to a private

brand or trade name: Provided further, That no such advertising,

consumer education, urban beautification, or sales promotion

program shall make use of unfair or deceptive acts or practices

with respect to the quality, value, or use of any competing

product.

(2) Providing for establishing and carrying on research,

marketing, and development projects, and studies with respect to

the sale, distribution, marketing, or utilization of flowers and

plants, to the end that the marketing and utilization of flowers

and plants may be encouraged, expanded, improved, or made more

acceptable, for the dissemination of the data collected by such

activities and for the disbursement of necessary funds for such

purposes.

(3) Providing that producers, wholesalers, retailers, and

importers of flowers and plants maintain and make available for

inspection such books and records as are specified in the order and

that such persons file reports at the time, in the manner, and

having the content prescribed by the order, to the end that

information and data shall be made available to the Floraboard and

to the Secretary which is appropriate or necessary to the

effectuation, administration, or enforcement of this chapter, or

any order or regulation issued pursuant to this chapter: Provided,

That all information so obtained shall be kept confidential by

employees of the Department of Agriculture and the Floraboard, and

only such information as the Secretary deems relevant shall be

disclosed by them, and then only in a suit or administrative

hearing brought at the direction, or upon the request, of the

Secretary, or in a suit or administrative hearing to which the

Secretary or any officer of the United States is a party, and

involving the order with reference to which the information to be

disclosed was furnished or acquired. Nothing in this section shall

be deemed to prohibit (A) the issuance of general statements based

upon the reports of the number of persons subject to an order, or

statistical data collected therefrom, which statements do not

identify the information furnished by any person, (B) the

publication by the Floraboard of general statements relating to

refunds made by the Floraboard during any specific period,

including regional information on refunds, (C) the publication by

the Floraboard of information on the amount of assessments

collected from each commodity group and the rate of refund in each

commodity group, or (D) the publication by direction of the

Secretary of the name of any person violating any order, together

with a statement of the particular provisions of the order violated

by such persons. No information obtained pursuant to the authority

of this chapter may be made available to any agency or officer of

the Federal Government for any purpose other than the

implementation of this chapter and any investigatory or enforcement

actions necessary for the implementation of this chapter. Any

person violating the provisions of this paragraph shall, upon

conviction, be subject to a fine of not more than $1,000 or to

imprisonment for not more than one year, or to both, and, if an

officer or employee of the Floraboard or the Department of

Agriculture, shall be removed from office.

(4) Terms and conditions incidental to and not inconsistent with

the terms and conditions specified in this chapter and necessary to

effectuate the other provisions of such order.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1708, Dec. 22, 1981, 95 Stat.

1352.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4306 of this title.

-CITE-

7 USC Sec. 4308 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4308. Referendum; necessity, etc.

-STATUTE-

(a) The Secretary shall conduct a referendum among domestic

producers and importers not exempt under section 4311 of this title

who, during a representative period determined by the Secretary,

have been engaged in the production or importation of flowers and

plants, for the purpose of ascertaining whether the issuance of an

order is approved or favored by such domestic producers and

importers. No order issued pursuant to this chapter shall be

effective unless the Secretary determines that the issuance of such

order is approved or favored by not less than two-thirds of the

producers and importers voting in such referendum, or by a majority

of the producers and importers voting in such referendum if such

majority produced and imported not less than two-thirds of the

total value of the flowers and plants produced and imported by

those producers and importers voting in such referendum during a

representative period defined by the Secretary.

(b) The Secretary shall be reimbursed from assessments for all

costs incurred by the Government in connection with the conduct of

the referendum, except for the salaries of Government employees.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1709, Dec. 22, 1981, 95 Stat.

1354.)

-CITE-

7 USC Sec. 4309 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4309. Suspension and termination of orders

-STATUTE-

(a) Prerequisites

Whenever the Secretary finds that any order issued under this

chapter, or any provisions thereof, obstructs or does not tend to

effectuate the declared policy of this chapter, the Secretary shall

terminate or suspend the operation of such order or such provisions

thereof.

(b) Referendum

The Secretary may conduct a referendum at any time, and shall

hold a referendum on request of 10 per centum or more of the number

of producers and importers voting in the referendum approving the

order, to determine whether such producers and importers favor the

termination or suspension of the order, and shall suspend or

terminate such order six months after the Secretary determines that

suspension or termination of the order is approved or favored by a

majority of the producers and importers voting in such referendum

who, during a representative period determined by the Secretary,

have been engaged in the production or importation of flowers and

plants.

(c) Nature of order

The termination or suspension of any order, or any provision

thereof, shall not be considered an order within the meaning of

this chapter.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1710, Dec. 22, 1981, 95 Stat.

1354.)

-CITE-

7 USC Sec. 4310 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4310. Amendments to orders

-STATUTE-

The provisions of this chapter applicable to orders shall be

applicable to amendments to orders.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1711, Dec. 22, 1981, 95 Stat.

1354.)

-CITE-

7 USC Sec. 4311 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4311. Exemption from assessments

-STATUTE-

Any producer or importer whose total sales of flowers and plants

do not exceed $100,000 during a twelve consecutive month period

prior to the date an assessment is due and payable shall be exempt

from assessments under this chapter under such conditions and

procedures as may be prescribed in the order or rules and

regulations issued thereunder and shall not vote in any referendum

under this chapter: Provided, That the Floraboard shall have the

discretion to make annual adjustments in the level of exemption to

account for inflation. For the purpose of this section, a

producer's or importer's total sales shall include, in those cases

in which the producer or importer is an individual, sales

attributable to such person's spouse, children, grandchildren, and

parents; in those cases in which the producer or importer is a

partnership or a member of a partnership, sales attributable to the

other partners; and, in those cases in which the producer or

importer is a corporation, sales attributable to any corporate

subsidiaries of which such corporation owns 50 per centum or more

of the stock, or if such subsidiaries are not corporations,

subsidiaries which are controlled by such corporation. In

addition, in determining a producer's or importer's total sales,

the sales of any corporation in which such producer or importer

owns 50 per centum or more of the stock shall be attributed to such

producer or importer. For these purposes stock in the same

corporation which is owned by such producer's or importer's spouse,

children, grandchildren, parents, partners, and any corporation 50

per centum or more of whose stock is owned by the producer or

importer shall be treated as owned by the producer or importer.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1712, Dec. 22, 1981, 95 Stat.

1354.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4308 of this title.

-CITE-

7 USC Sec. 4312 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4312. Refund of assessments

-STATUTE-

Notwithstanding any other provisions of this chapter, any

producer or importer who pays an assessment shall have the right to

demand and receive from the Floraboard a refund of such assessment:

Provided, That such demand shall be made by such producer or

importer in accordance with regulations and on a form and within a

time period prescribed by the Floraboard and approved by the

Secretary, but in no event more than sixty days after the end of

the month in which the assessment was paid. Such refund shall be

made not later than sixty days after submission of proof

satisfactory to the Floraboard that the producer or importer paid

the assessment for which refund is sought.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1713, Dec. 22, 1981, 95 Stat.

1355.)

-CITE-

7 USC Sec. 4313 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4313. Administrative and judicial review; procedures

applicable

-STATUTE-

(a) Any person subject to any order may file a written petition

with the Secretary, stating that any such order or any provisions

of such order or any obligations imposed in connection therewith is

not in accordance with law and praying for a modification thereof

or to be exempted therefrom. Such person shall thereupon be given

an opportunity for a hearing upon such petition, in accordance with

regulations prescribed by the Secretary. After such hearing, the

Secretary shall make a ruling upon the prayer of such petition

which shall be final if in accordance with law.

(b) The district courts of the United States in any district in

which such person is an inhabitant, or carries on business, are

hereby vested with jurisdiction to review such ruling, provided a

complaint for that purpose is filed within twenty days from the

date of the entry of such ruling. Service of process in such

proceedings may be had upon the Secretary by delivering to the

Secretary a copy of the complaint. If the court determines that

such ruling is not in accordance with law, it shall remand such

proceedings to the Secretary with directions either (1) to make

such ruling as the court shall determine to be in accordance with

law, or (2) to take such further proceedings as, in its opinion,

the law requires. The pendency of proceedings instituted pursuant

to subsection (a) of this section shall not impede, hinder, or

delay the United States or the Secretary from obtaining relief

pursuant to section 4314(a) of this title.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1714, Dec. 22, 1981, 95 Stat.

1355.)

-CITE-

7 USC Sec. 4314 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4314. Enforcement of provisions

-STATUTE-

(a) The several district courts of the United States are vested

with jurisdiction specifically to enforce, and to prevent and

restrain any person from violating, any order or regulation made or

issued pursuant to this chapter. Any civil action authorized to be

brought under this subsection shall be referred to the Attorney

General for appropriate action: Provided, That nothing in this

chapter shall be construed as requiring the Secretary to refer to

the Attorney General violations of this chapter whenever the

Secretary believes that the administration and enforcement of the

program would be adequately served by administrative action

pursuant to subsection (b) of this section or suitable written

notice or warning to any person committing such violations.

(b)(1) Any person who violates any provisions of any order or

regulation issued by the Secretary pursuant to this chapter, or who

fails or refuses to pay, collect, or remit any assessment or fee

duly required thereunder, may be assessed a civil penalty by the

Secretary of not less than $500 or more than $5,000 for each such

violation. Each violation shall be a separate offense. In

addition to or in lieu of such civil penalty the Secretary may

issue an order requiring such person to cease and desist from

continuing such violation or violations. No penalty may be

assessed or cease and desist order issued unless such person is

given notice and opportunity for a hearing before the Secretary

with respect to such violation. The order of the Secretary

assessing a penalty or imposing a cease and desist order shall be

final and conclusive unless the affected person files an appeal

from the Secretary's order with the appropriate United States court

of appeals.

(2) Any person against whom a violation is found and a civil

penalty assessed or cease and desist order issued under paragraph

(1) of this subsection may obtain review in the court of appeals of

the United States for the circuit in which such person resides or

carries on business or in the United States Court of Appeals for

the District of Columbia Circuit by filing a notice of appeal in

such court within thirty days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Secretary. The Secretary shall promptly file in such court a

certified copy of the record upon which such violation was found.

The findings of the Secretary shall be set aside only if found to

be unsupported by substantial evidence.

(3) Any person who fails to obey a cease and desist order after

it has become final and unappealable, or after the appropriate

court of appeals has entered final judgment in favor of the

Secretary, shall be subject to a civil penalty assessed by the

Secretary, after opportunity for a hearing and for judicial review

pursuant to the procedures specified in paragraphs (1) and (2) of

this subsection, of not more than $500 for each offense, and each

day during which such failure continues shall be deemed a separate

offense.

(4) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order, or after the

appropriate court of appeals has entered final judgment in favor of

the Secretary, the Secretary shall refer the matter to the Attorney

General who shall recover the amount assessed in any appropriate

district court of the United States. In such action, the validity

and appropriateness of the final order imposing the civil penalty

shall not be subject to review.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1715, Dec. 22, 1981, 95 Stat.

1356.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4313 of this title.

-CITE-

7 USC Sec. 4315 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4315. Certification of organizations; applicable criteria and

considerations

-STATUTE-

The eligibility of any organization to represent producers of

flowers and plants of any producing area of the United States or

importers of flowers and plants, for purposes of requesting the

issuance of an order under section 4304 of this title, or making

nominations under section 4306(2) of this title, shall be certified

by the Secretary. Certification shall be based, in addition to

other available information, upon a factual report submitted by the

organization which shall contain information deemed relevant and

specified by the Secretary for the making of such determination,

including, but not limited to, the following:

(1) geographic territory covered by the organization's active

membership;

(2) nature and size of the organization's active membership,

the proportion of such active membership accounted for by

producers and importers, and information as to the volume of

production by State or the volume of importation by country

accounted for by the organization's producer and importer

members;

(3) the extent to which the producer and importer membership of

such organization is represented in setting the organization's

policies;

(4) evidence of stability and permanency of the organization;

(5) sources from which the organization's operating funds are

derived;

(6) functions of the organization;

(7) whether the majority of the governing board of the

organization is composed of producers and importers; and

(8) the organization's ability and willingness to further the

aims and objectives of this chapter.

The primary consideration in determining the eligibility of any

organization shall be whether its membership consists of a

substantial number of producers and importers who produce and

import a substantial volume of flowers and plants. The Secretary

shall certify any organization which is found to be eligible under

this section, and the Secretary's determination as to eligibility

shall be final. Whenever more than one organization is certified

in any geographic area, such organizations may caucus to determine

the area's nominations under section 4306(2) of this title.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1716, Dec. 22, 1981, 95 Stat.

1357.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4304, 4306 of this title.

-CITE-

7 USC Sec. 4316 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4316. Regulations

-STATUTE-

The Secretary may issue such regulations as may be necessary to

carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1717, Dec. 22, 1981, 95 Stat.

1357.)

-CITE-

7 USC Sec. 4317 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4317. Investigations; subpena powers, etc.; enforcement

-STATUTE-

The Secretary may make such investigations as are deemed

necessary to carry out the Secretary's responsibilities under this

chapter or to determine whether a producer, importer, wholesaler,

retailer, or other seller of flowers and plants, or any other

person has engaged or is about to engage in any acts or practices

which constitute or will constitute a violation of any provisions

of this chapter, or of any order, or rule or regulation issued

under this chapter. For the purpose of such investigation, the

Secretary is empowered to administer oaths and affirmations,

subpena witnesses, compel their attendance, take evidence, and

require the production of any books, papers, and documents which

are relevant to the inquiry. Such attendance of witnesses and the

production of any such records may be required from any place in

the United States. In case of contumacy by, or refusal to obey a

subpena to, any person, including a producer of flowers and plants,

the Secretary may invoke the aid of any court of the United States

within the jurisdiction of which such investigation or proceeding

is carried on, or where such person resides or carries on business,

in requiring the attendance and testimony of witnesses and the

production of books, papers, and documents; and such court may

issue an order requiring such person to appear before the

Secretary, there to produce records, if so ordered, or to give

testimony touching the matter under investigation. Any failure to

obey such order of the court may be punished by such court as a

contempt thereof. All processes in any such cases may be served in

the judicial district wherein such person is an inhabitant or

wherever such person may be found.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1718, Dec. 22, 1981, 95 Stat.

1357.)

-CITE-

7 USC Sec. 4318 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4318. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, the validity of the

remainder of this chapter and of the application of such provision

to other persons and circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1719, Dec. 22, 1981, 95 Stat.

1358.)

-CITE-

7 USC Sec. 4319 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 74 - FLORAL RESEARCH AND CONSUMER INFORMATION

-HEAD-

Sec. 4319. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated out of any money in the

Treasury not otherwise appropriated such funds as are necessary to

carry out the provisions of this chapter. The funds so

appropriated shall not be available for payment of the expenses or

expenditures of the Floraboard in administering any provisions of

any order issued pursuant to the terms of this chapter.

-SOURCE-

(Pub. L. 97-98, title XVII, Sec. 1720, Dec. 22, 1981, 95 Stat.

1358.)

-CITE-