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7 U.S. Code § 6804. Required terms in orders
(a) In general
An order shall contain the terms and provisions specified in this section.
(b) PromoFlor Council
(1) Establishment and membership
(A) Establishment
The order shall provide for the establishment of a Fresh Cut Flowers and Fresh Cut Greens Promotion Council, consisting of 25 members, to administer the order.
(B) Membership
(i) Appointment
The order shall provide that members of the PromoFlor Council shall be appointed by the Secretary from nominations submitted as provided in paragraphs (2) and (3).
(ii) CompositionThe PromoFlor Council shall consist of—
(I)
participating qualified handlers representing qualified wholesale handlers and producers and importers that are qualified handlers;
(II)
representatives of traditional retailers; and
(III)
representatives of persons who produce fresh cut flowers and fresh cut greens.
(2) Distribution of appointments
(A) In generalThe order shall provide that the membership of the PromoFlor Council shall consist of—
(i)
14 members representing qualified wholesale handlers of domestic or imported cut flowers and cut greens;
(ii)
3 members representing producers that are qualified handlers of cut flowers and cut greens;
(iii)
3 members representing importers that are qualified handlers of cut flowers and cut greens;
(iv)
3 members representing traditional cut flowers and cut greens retailers; and
(v) 2 members representing persons who produce fresh cut flowers and fresh cut greens, of whom—
(I)
1 member shall represent persons who produce the flowers or greens in locations that are east of the Mississippi River; and
(II)
1 member shall represent persons who produce the flowers or greens in locations that are west of the Mississippi River.
(B) DefinitionsAs used in this subsection:
(i) Importer that is a qualified handlerThe term “importer that is a qualified handler” means an entity—
(I)
whose principal activity is the importation of cut flowers or cut greens into the United States (either directly or as an agent, broker, or consignee of any person or nation that produces or handles cut flowers or cut greens outside the United States for sale in the United States); and
(II)
that is subject to assessments as a qualified handler under the order.
(ii) Producer that is a qualified handlerThe term “producer that is a qualified handler” means an entity that—
(I) is engaged—
(aa)
in the domestic production, for sale in commerce, of cut flowers or cut greens and that owns or shares in the ownership and risk of loss of the cut flowers or cut greens; or
(bb)
as a first processor of noncultivated cut greens, in receiving the cut greens from a person who gathers the cut greens for handling; and
(II)
is subject to assessments as a qualified handler under the order.
(iii) Qualified wholesale handler
(I) In general
The term “qualified wholesale handler” means a person in business as a floral wholesale jobber or floral supplier that is subject to assessments as a qualified handler under the order.
(II) DefinitionsAs used in this clause:
(aa) Floral supplier
The term “floral supplier” means a person engaged in acquiring cut flowers or cut greens to be manufactured into floral articles or otherwise processed for resale.
(bb) Floral wholesale jobber
The term “floral wholesale jobber” means a person who conducts a commission or other wholesale business in buying and selling cut flowers or cut greens.
(C) Distribution of qualified wholesale handler appointments
The order shall provide that the appointments of qualified wholesale handlers to the PromoFlor Council made by the Secretary shall take into account the geographical distribution of cut flowers and cut greens markets in the United States.
(3) Nomination processThe order shall provide that—
(A)
2 nominees shall be submitted for each appointment to the PromoFlor Council;
(B)
nominations for each appointment of a qualified wholesale handler, producer that is a qualified handler, or importer that is a qualified handler to the PromoFlor Council shall be made by qualified wholesale handlers, producers that are qualified handlers, or importers that are qualified handlers, respectively, through an election process, in accordance with regulations issued by the Secretary;
(C) nominations for—
(i)
1 of the retailer appointments shall be made by the American Floral Marketing Council or a successor entity; and
(ii)
2 of the retailer appointments shall be made by traditional retail florist organizations, in accordance with regulations issued by the Secretary;
(D)
nominations for each appointment of a representative of persons who produce fresh cut flowers and fresh cut greens shall be made by the persons through an election process, in accordance with regulations issued by the Secretary; and
(E)
in any case in which qualified wholesale handlers, producers that are qualified handlers, importers that are qualified handlers, persons who produce fresh cut flowers and fresh cut greens, or retailers fail to nominate individuals for an appointment to the PromoFlor Council, the Secretary may appoint an individual to fill the vacancy on a basis provided in the order or other regulations of the Secretary.
(4) Alternates
The order shall provide for the selection of alternate members of the PromoFlor Council by the Secretary in accordance with procedures specified in the order.
(5) Terms; compensationThe order shall provide that—
(A)
each term of appointment to the PromoFlor Council shall be for 3 years, except that, of the initial appointments, 9 of the appointments shall be for 2-year terms, 8 of the appointments shall be for 3-year terms, and 8 of the appointments shall be for 4-year terms;
(B)
no member of the PromoFlor Council may serve more than 2 consecutive terms of 3 years, except that any member serving an initial term of 4 years may serve an additional term of 3 years; and
(C)
members of the PromoFlor Council shall serve without compensation, but shall be reimbursed for the expenses of the members incurred in performing duties as members of the PromoFlor Council.