
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC6804]

 
                          TITLE 7--AGRICULTURE
 
    CHAPTER 97--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND 
                               INFORMATION
 
Sec. 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) Composition

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

                  (2) Distribution of appointments

        (A) In general

            The order shall provide that the membership of the PromoFlor 
        Council shall consist of--
                (i) 14 members representing qualified wholesale handlers 
            of domestic or imported cut flowers and cut greens;
                (ii) 3 members representing producers that are qualified 
            handlers of cut flowers and cut greens;
                (iii) 3 members representing importers that are 
            qualified handlers of cut flowers and cut greens;
                (iv) 3 members representing traditional cut flowers and 
            cut greens retailers; and
                (v) 2 members representing persons who produce fresh cut 
            flowers and fresh cut greens, of whom--
                    (I) 1 member shall represent persons who produce the 
                flowers or greens in locations that are east of the 
                Mississippi River; and
                    (II) 1 member shall represent persons who produce 
                the flowers or greens in locations that are west of the 
                Mississippi River.

        (B) Definitions

            As used in this subsection:
            (i) Importer that is a qualified handler

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

                The term ``producer that is a qualified handler'' means 
            an entity that--
                    (I) is engaged--
                        (aa) in the domestic production, for sale in 
                    commerce, of cut flowers or cut greens and that owns 
                    or shares in the ownership and risk of loss of the 
                    cut flowers or cut greens; or
                        (bb) as a first processor of noncultivated cut 
                    greens, in receiving the cut greens from a person 
                    who gathers the cut greens for handling; and

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

                (I) In general

                    The term ``qualified wholesale handler'' means a 
                person in business as a floral wholesale jobber or 
                floral supplier that is subject to assessments as a 
                qualified handler under the order.
                (II) Definitions

                    As used in this clause:

(aa) Floral supplier

                        The term ``floral supplier'' means a person 
                    engaged in acquiring cut flowers or cut greens to be 
                    manufactured into floral articles or otherwise 
                    processed for resale.

(bb) Floral wholesale jobber

                        The term ``floral wholesale jobber'' means a 
                    person who conducts a commission or other wholesale 
                    business in buying and selling cut flowers or cut 
                    greens.

        (C) Distribution of qualified wholesale handler appointments

            The order shall provide that the appointments of qualified 
        wholesale handlers to the PromoFlor Council made by the 
        Secretary shall take into account the geographical distribution 
        of cut flowers and cut greens markets in the United States.

                       (3) Nomination process

        The order shall provide that--
            (A) 2 nominees shall be submitted for each appointment to 
        the PromoFlor Council;
            (B) nominations for each appointment of a qualified 
        wholesale handler, producer that is a qualified handler, or 
        importer that is a qualified handler to the PromoFlor Council 
        shall be made by qualified wholesale handlers, producers that 
        are qualified handlers, or importers that are qualified 
        handlers, respectively, through an election process, in 
        accordance with regulations issued by the Secretary;
            (C) nominations for--
                (i) 1 of the retailer appointments shall be made by the 
            American Floral Marketing Council or a successor entity; and
                (ii) 2 of the retailer appointments shall be made by 
            traditional retail florist organizations, in accordance with 
            regulations issued by the Secretary;

            (D) nominations for each appointment of a representative of 
        persons who produce fresh cut flowers and fresh cut greens shall 
        be made by the persons through an election process, in 
        accordance with regulations issued by the Secretary; and
            (E) in any case in which qualified wholesale handlers, 
        producers that are qualified handlers, importers that are 
        qualified handlers, persons who produce fresh cut flowers and 
        fresh cut greens, or retailers fail to nominate individuals for 
        an appointment to the PromoFlor Council, the Secretary may 
        appoint an individual to fill the vacancy on a basis provided in 
        the order or other regulations of the Secretary.

                           (4) Alternates

        The order shall provide for the selection of alternate members 
    of the PromoFlor Council by the Secretary in accordance with 
    procedures specified in the order.

                       (5) Terms; compensation

        The order shall provide that--
            (A) each term of appointment to the PromoFlor Council shall 
        be for 3 years, except that, of the initial appointments, 9 of 
        the appointments shall be for 2-year terms, 8 of the 
        appointments shall be for 3-year terms, and 8 of the 
        appointments shall be for 4-year terms;
            (B) no member of the PromoFlor Council may serve more than 2 
        consecutive terms of 3 years, except that any member serving an 
        initial term of 4 years may serve an additional term of 3 years; 
        and
            (C) members of the PromoFlor Council shall serve without 
        compensation, but shall be reimbursed for the expenses of the 
        members incurred in performing duties as members of the 
        PromoFlor Council.

                       (6) Executive committee

        (A) Establishment

            (i) In general

                The order shall authorize the PromoFlor Council to 
            appoint, from among the members of the Council, an executive 
            committee of not more than 9 members.
            (ii) Initial membership

                The membership of the executive committee initially 
            shall be composed of--
                    (I) 4 members representing qualified wholesale 
                handlers;
                    (II) 2 members representing producers that are 
                qualified handlers;
                    (III) 2 members representing importers that are 
                qualified handlers; and
                    (IV) 1 member representing traditional retailers.
            (iii) Subsequent membership

                After the initial appointments, each appointment to the 
            executive committee shall be made so as to ensure that the 
            committee reflects, to the maximum extent practicable, the 
            membership composition of the PromoFlor Council as a whole.
            (iv) Terms

                Each initial appointment to the executive committee 
            shall be for a term of 2 years. After the initial 
            appointments, each appointment to the executive committee 
            shall be for a term of 1 year.

        (B) Authority

            The PromoFlor Council may delegate to the executive 
        committee the authority of the PromoFlor Council under the order 
        to hire and manage staff and conduct the routine business of the 
        PromoFlor Council consistent with such policies as are 
        determined by the PromoFlor Council.

(c) General responsibilities of 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) of this section; and
        (B) propose and develop (or receive and evaluate), approve, and 
    submit to the Secretary for approval under subsection (d) of this 
    section 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) of this section; or
        (B) contract or enter into agreements with appropriate persons 
    to implement the plans and projects, as provided in subsection (e) 
    of this section, 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 chapter only 
    in--
            (A) obligations of the United States or any agency of the 
        United States;
            (B) general obligations of any State or any political 
        subdivision of a State;
            (C) any interest-bearing account or certificate of deposit 
        of a bank that is a member of the Federal Reserve System; or
            (D) obligations fully guaranteed as to principal and 
        interest by the United States,

    except that income from any such invested funds may be used only for 
    a purpose for which the invested funds may be used; and
        (11) provide the Secretary such information as the Secretary may 
    require.

(d) Budgets; plans and projects

                      (1) Submission of budgets

        The order shall require the PromoFlor Council to submit to the 
    Secretary for approval budgets, on a fiscal year basis, of the 
    anticipated expenses and disbursements of the Council in the 
    implementation of the order, including the projected costs of cut 
    flowers and cut greens promotion, consumer information, and related 
    research plans and projects.

                       (2) Plans and projects

        (A) Promotion and consumer information

            The order shall provide--
                (i) for the establishment, implementation, 
            administration, and evaluation of appropriate plans and 
            projects for advertising, sales promotion, other promotion, 
            and consumer information with respect to cut flowers and cut 
            greens, and for the disbursement of necessary funds for the 
            purposes described in this clause;
                (ii) that any plan or project referred to in clause (i) 
            shall be directed toward increasing the general demand for 
            cut flowers or cut greens and may not make reference to a 
            private brand or trade name, point of origin, or source of 
            supply, except that this clause shall not preclude the 
            PromoFlor Council from offering the plans and projects of 
            the Council for use by commercial parties, under terms and 
            conditions prescribed by the PromoFlor Council and approved 
            by the Secretary; and
                (iii) that no plan or project may make use of unfair or 
            deceptive acts or practices with respect to quality or 
            value.

        (B) Research

            The order shall provide for--
                (i) the establishment, implementation, administration, 
            and evaluation of plans and projects for--
                    (I) market development research;
                    (II) research with respect to the sale, 
                distribution, marketing, or use of cut flowers or cut 
                greens; and
                    (III) other research with respect to cut flowers or 
                cut greens marketing, promotion, or consumer 
                information;

                (ii) the dissemination of the information acquired 
            through the plans and projects; and
                (iii) the disbursement of such funds as are necessary to 
            carry out this subparagraph.

        (C) Submission to Secretary

            The order shall provide that the PromoFlor Council shall 
        submit to the Secretary for approval a proposed plan or project 
        for cut flowers or cut greens promotion, consumer information, 
        or related research, as described in subparagraphs (A) and (B).

                      (3) Approval by Secretary

        A budget, or plan or project for cut flowers or cut greens 
    promotion, consumer information, or related research may not be 
    implemented prior to approval of the budget, plan, or project by the 
    Secretary.

(e) Contracts and agreements

     (1) Promotion, consumer information, and related research 
                             plans and projects

        (A) In general

            To ensure efficient use of funds, the order shall provide 
        that the PromoFlor Council, with the approval of the Secretary, 
        may enter into a contract or an agreement for the implementation 
        of a plan or project for promotion, consumer information, or 
        related research with respect to cut flowers or cut greens, and 
        for the payment of the cost of the contract or agreement with 
        funds received by the PromoFlor Council under the order.

        (B) Requirements

            The order shall provide that any contract or agreement 
        entered into under this paragraph shall provide that--
                (i) the contracting or agreeing party shall develop and 
            submit to the PromoFlor Council a plan or project, together 
            with a budget that includes the estimated costs to be 
            incurred for the plan or project;
                (ii) the plan or project shall become effective on the 
            approval of the Secretary; and
                (iii) the contracting or agreeing party shall--
                    (I) keep accurate records of all of the transactions 
                of the party;
                    (II) account for funds received and expended;
                    (III) make periodic reports to the PromoFlor Council 
                of activities conducted; and
                    (IV) make such other reports as the PromoFlor 
                Council or the Secretary may require.

                 (2) Other contracts and agreements

        The order shall provide that the PromoFlor Council may enter 
    into a contract or agreement for administrative services. Any 
    contract or agreement entered into under this paragraph shall 
    include provisions comparable to the provisions described in 
    paragraph (1)(B).

(f) Books and records of PromoFlor Council

                           (1) In general

        The order shall require the PromoFlor Council to--
            (A) maintain such books and records (which shall be 
        available to the Secretary for inspection and audit) as the 
        Secretary may require;
            (B) prepare and submit to the Secretary, from time to time, 
        such reports as the Secretary may require; and
            (C) account for the receipt and disbursement of all funds 
        entrusted to the PromoFlor Council.

                             (2) Audits

        The PromoFlor Council shall cause the books and records of the 
    Council to be audited by an independent auditor at the end of each 
    fiscal year. A report of each audit shall be submitted to the 
    Secretary.

(g) Control of administrative costs

    The order shall provide that the PromoFlor Council shall, as soon as 
practicable after the order becomes effective and after consultation 
with the Secretary and other appropriate persons, implement a system of 
cost controls based on normally accepted business practices that will 
ensure that the annual budgets of the PromoFlor Council include only 
amounts for administrative expenses that cover the minimum 
administrative activities and personnel needed to properly administer 
and enforce the order, and conduct, supervise, and evaluate plans and 
projects under the order.

(h) Assessments

                            (1) Authority

        (A) In general

            The order shall provide that each qualified handler shall 
        pay to the PromoFlor Council, in the manner provided in the 
        order, an assessment on each sale of cut flowers or cut greens 
        to a retailer or an exempt handler (including each transaction 
        described in subparagraph (C)(ii)), except to the extent that 
        the sale is excluded from assessments under section 6805(a) of 
        this title.

        (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 6802(4) and 6805(b) of 
            this title.
            (ii) Certain covered transactions

                (I) In general

                    The order shall provide that each non-sale transfer 
                of cut flowers or cut greens to a retailer from a 
                qualified handler that is a distribution center (as 
                described in section 6802(4)(A)(ii)(II) of this title), 
                and each direct sale of cut flowers or cut greens to a 
                consumer by a qualified handler that is an importer or a 
                producer (as described in section 6802(4)(A)(iii) of 
                this title), shall be treated as a sale of cut flowers 
                or cut greens to a retailer subject to assessments under 
                this subsection.
                (II) Amount of sale in the case of non-sale 
                        transfers and direct sales by importers

                    Subject to subclause (IV), in the case of a non-sale 
                transfer of cut flowers or cut greens from a 
                distribution center, or a direct sale to a consumer by 
                an importer, the amount of the sale shall be equal to 
                the sum of--
                        (aa) the price paid by the distribution center 
                    or importer, respectively, to acquire the cut 
                    flowers or cut greens; and
                        (bb) an amount determined by multiplying the 
                    acquisition price referred to in item (aa) by a 
                    uniform percentage established by the order to 
                    represent the mark-up of a wholesale handler on a 
                    sale to a retailer.
                (III) Direct sales by producers

                    Subject to subclause (IV), in the case of a direct 
                sale to a consumer by a producer, the amount of the sale 
                shall be equal to an amount determined by multiplying 
                the price paid by the consumer by a uniform percentage 
                established by the order to represent the cost of 
                producing the article and the mark-up of a wholesale 
                handler on a sale to a retailer.
                (IV) Changes in uniform percentages

                    Any change in a uniform percentage referred to in 
                subclause (II) or (III) may become effective after--
                        (aa) recommendation by the PromoFlor Council; 
                    and
                        (bb) approval by the Secretary after public 
                    notice and opportunity for comment in accordance 
                    with section 553 of title 5 and without regard to 
                    sections 556 and 557 of such title.

                        (2) Assessment rates

        With respect to assessment rates, the order shall contain the 
    following terms:

        (A) Initial rate

            During the first 3 years the order is in effect, the rate of 
        assessment on each sale or transfer of cut flowers or cut greens 
        shall be \1/2\ of 1 percent of--
                (i) the gross sales price of the cut flowers or cut 
            greens sold; or
                (ii) in the case of transactions described in paragraph 
            (1)(C)(ii), the amount of each transaction calculated as 
            provided in paragraph (1)(C)(ii).

        (B) Changes in the rate

            (i) In general

                After the first 3 years the order is in effect, the 
            uniform assessment rate may be increased or decreased 
            annually by not more than .25 percent of--
                    (I) the gross sales price of a product sold; or
                    (II) in the case of transactions described in 
                paragraph (1)(C)(ii), the amount of each transaction 
                calculated as provided in paragraph (1)(C)(ii),

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

                Any change in the rate of assessment under this 
            subparagraph--
                    (I) may be made only if adopted by the PromoFlor 
                Council by at least a \2/3\ majority vote and approved 
                by the Secretary as necessary to achieve the objectives 
                of this chapter (after public notice and opportunity for 
                comment in accordance with section 553 of title 5 and 
                without regard to sections 556 and 557 of such title);
                    (II) shall be announced by the PromoFlor Council not 
                less than 30 days prior to going into effect; and
                    (III) shall not be subject to a vote in a referendum 
                conducted under section 6806 of this title.

                (3) Timing of submitting assessments

        The order shall provide that each person required to pay 
    assessments under this subsection shall remit, to the PromoFlor 
    Council, the assessment due from each sale by the person of cut 
    flowers or cut greens that is subject to an assessment within such 
    time period after the sale (not to exceed 60 days after the end of 
    the month in which the sale took place) as is specified in the 
    order.

                   (4) Refunds from escrow account

        (A) Establishment of escrow account

            The order shall provide that the PromoFlor Council shall--
                (i) establish an escrow account to be used for 
            assessment refunds, as needed; and
                (ii) place into the account an amount equal to 10 
            percent of the total amount of assessments collected during 
            the period beginning on the date the order becomes 
            effective, as provided in section 6803(b)(3)(B) of this 
            title, and ending on the date the initial referendum on the 
            order under section 6806(a) of this title 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 chapter;
                    (III) the qualified handler demands the refund prior 
                to the conduct of the referendum on the order under 
                section 6806(a) of this title; and
                    (IV) the order is not approved by qualified handlers 
                in the referendum.
            (ii) Conditions

                The right of a qualified handler to receive a refund 
            under clause (i) shall be subject to the following 
            conditions:
                    (I) The demand shall be made in accordance with 
                regulations, on a form, and within a time period 
                specified by the PromoFlor Council.
                    (II) The refund shall be made only on submission of 
                proof satisfactory to the PromoFlor Council that the 
                qualified handler paid the assessment for which the 
                refund is demanded.
                    (III) If the amount in the escrow account required 
                under subparagraph (A) is not sufficient to refund the 
                total amount of assessments demanded by all qualified 
                handlers determined eligible for refunds and the order 
                is not approved in the referendum on the order under 
                section 6806(a) of this title, the PromoFlor Council 
                shall prorate the amount of all such refunds among all 
                eligible qualified handlers that demand the refund.

        (C) Program approved

            The order shall provide that, if the order is approved in 
        the referendum conducted under section 6806(a) of this title, 
        there shall be no refunds made, and all funds in the escrow 
        account shall be returned to the PromoFlor Council for use by 
        the PromoFlor Council in accordance with the other provisions of 
        the order.

                     (5) Use of assessment funds

        The order shall provide that assessment funds (less any refunds 
    expended under the terms of the order required under paragraph (4)) 
    shall be used for payment of costs incurred in implementing and 
    administering the order, with provision for a reasonable reserve, 
    and to cover the administrative costs incurred by the Secretary in 
    implementing and administering this chapter.

                   (6) Postponement of collections

        (A) Authority

            (i) In general

                Subject to the other provisions of this paragraph and 
            notwithstanding any other provision of this chapter, the 
            PromoFlor Council may grant a postponement of the payment of 
            an assessment under this subsection for any qualified 
            handler that establishes that the handler is financially 
            unable to make the payment.
            (ii) Requirements and procedures

                A handler described in clause (i) shall establish that 
            the handler is financially unable to make the payment in 
            accordance with application and documentation requirements 
            and review procedures established under rules recommended by 
            the PromoFlor Council, approved by the Secretary, and issued 
            after public notice and opportunity for comment in 
            accordance with section 553 of title 5 and without regard to 
            sections 556 and 557 of such title.

        (B) Criteria and responsibility for determinations

            The PromoFlor Council may grant a postponement under 
        subparagraph (A) only if the handler demonstrates by the 
        submission of an opinion of an independent certified public 
        accountant, and by submission of other documentation required 
        under the rules established under subparagraph (A)(ii), that the 
        handler is insolvent or will be unable to continue to operate if 
        the handler is required to pay the assessment when otherwise 
        due.

        (C) Period of postponement

            (i) In general

                The time period of a postponement and the terms and 
            conditions of the payment of each assessment that is 
            postponed under this paragraph shall be established by the 
            PromoFlor Council, in accordance with rules established 
            under the procedures specified in subparagraph (A)(ii), so 
            as to appropriately reflect the demonstrated needs of the 
            qualified handler.
            (ii) Extensions

                A postponement may be extended under rules established 
            under the procedures specified in subparagraph (A)(ii) for 
            the grant of initial postponements.

(i) Prohibition

    The order shall prohibit the use of any funds received by the 
PromoFlor Council in any manner for the purpose of influencing 
legislation or government action or policy, except that the funds may be 
used by the PromoFlor Council for the development and recommendation to 
the Secretary of amendments to the order.

(j) Books and records; reports

                           (1) In general

        The order shall provide that each qualified handler shall 
    maintain, and make available for inspection, such books and records 
    as are required by the order and file reports at the time, in the 
    manner, and having the content required by the order, to the end 
    that such information is made available to the Secretary and the 
    PromoFlor Council as is appropriate for the administration or 
    enforcement of this chapter, the order, or any regulation issued 
    under this chapter.

                   (2) Confidentiality requirement

        (A) In general

            Information obtained from books, records, or reports under 
        paragraph (1) or subsection (h)(6) of this section, or from 
        reports required under section 6805(b)(3) of this title, shall 
        be kept confidential by all officers and employees of the 
        Department of Agriculture and by the staff and agents of the 
        PromoFlor Council.

        (B) Suits and hearings

            Information described in subparagraph (A) may be disclosed 
        to the public only--
                (i) in a suit or administrative hearing brought at the 
            request of the Secretary, or to which the Secretary or any 
            officer of the United States is a party, involving the 
            order; and
                (ii) to the extent the Secretary considers the 
            information relevant to the suit or hearing.

        (C) General statements and publications

            Nothing in this paragraph may be construed to prohibit--
                (i) the issuance of general statements, based on the 
            reports, of the number of persons subject to the order or 
            statistical data collected from the reports, if the 
            statements do not identify the information furnished by any 
            person; or
                (ii) the publication, by direction of the Secretary, of 
            the name of any person who violates the order, together with 
            a statement of the particular provisions of the order 
            violated by the person.

                       (3) Lists of importers

        (A) Review

            The order shall provide that the staff of the PromoFlor 
        Council shall periodically review lists of importers of cut 
        flowers and cut greens to determine whether persons on the lists 
        are subject to the order.

        (B) Customs service

            On the request of the PromoFlor Council, the Commissioner of 
        the United States Customs Service shall provide to the PromoFlor 
        Council lists of importers of cut flowers and cut greens.

(k) Consultations with industry experts

                           (1) In general

        The order shall provide that the PromoFlor Council, from time to 
    time, may seek advice from and consult with experts from the 
    production, import, wholesale, and retail segments of the cut 
    flowers and cut greens industry to assist in the development of 
    promotion, consumer information, and related research plans and 
    projects.

                       (2) Special committees

        (A) In general

            For the purposes described in paragraph (1), the order shall 
        authorize the appointment of special committees composed of 
        persons other than PromoFlor Council members.

        (B) Consultation

            A committee appointed under subparagraph (A)--
                (i) may not provide advice or recommendations to a 
            representative of an agency, or an officer, of the Federal 
            Government; and
                (ii) shall consult directly with the PromoFlor Council.

(l) Other terms of order

    The order shall contain such other terms and provisions, consistent 
with this chapter, as are necessary to carry out this chapter (including 
provision for the assessment of interest and a charge for each late 
payment of assessments under subsection (h) of this section and for 
carrying out section 6805 of this title).

(Pub. L. 103-190, Sec. 5, Dec. 14, 1993, 107 Stat. 2272.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6802, 6806, 6810 of this 
title.
