Title 7 — AgricultureRelease 119-73not60

§4311 Exemption From Assessments

Title 7 › Chapter 74— FLORAL RESEARCH AND CONSUMER INFORMATION › § 4311

Last updated Apr 3, 2026|Official source

Summary

If a producer or importer sells $100,000 or less in flowers and plants during any twelve consecutive month period before an assessment is due, they are exempt from paying the assessment under the program. They also cannot vote in referendums under the program. The Floraboard can change the exemption amount each year to account for inflation, following the program’s rules. When counting total sales, include sales by close family for an individual (spouse, children, grandchildren, parents), sales by partners for a partnership, and sales of any company the person owns or controls 50 percent or more of. Stock held by those family members, partners, or controlled companies is treated as owned by the producer.

Full Legal Text

Title 7, §4311

Agriculture — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 4311

Title 7 — Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60