Title 7 — AgricultureRelease 119-73not60

§6805 Exclusion; Determinations

Title 7 › Chapter 97— FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND INFORMATION › § 6805

Last updated Apr 3, 2026|Official source

Summary

Orders must not include any sales of cut flowers or cut greens that are exported from the United States when figuring assessments. To apply the $750,000 annual sales cutoff for deciding if a handler or facility is qualified or exempt, the order must use the seller’s sales of cut flowers and greens from the most recently finished calendar year. If a new business does not have full sales data for that year, the PromoFlor Council may use a different time period or method. Sales counted for one person or facility also include sales by close family members, partnerships, and any business the person controls or owns more than 50% of. Ownership held by family, partners, or a more-than-50%-owned company is treated as the person’s ownership. The order may require sellers to give the PromoFlor Council annual sales reports.

Full Legal Text

Title 7, §6805

Agriculture — Source: USLM XML via OLRC

(a)An order shall exclude from assessments under the order any sale of cut flowers or cut greens for export from the United States.

(b)(1)For the purpose of applying the $750,000 annual sales limitation to a specific person in order to determine the status of the person as a qualified handler or an exempt handler under section 6802(4) of this title, or to a specific facility in order to determine the status of the facility as an eligible separate facility under section 6806(b)(2) of this title, an order issued under this chapter shall provide that—

(A)a determination of the annual sales volume of a person or facility shall be based on the sales of cut flowers and cut greens by the person or facility during the most recently-completed calendar year, except as provided in subparagraph (B); and

(B)in the case of a new business or other operation for which complete data on sales during all or part of the most recently-completed calendar year are not available to the PromoFlor Council, the determination may be made using an alternative time period or other alternative procedure specified in the order.

(2)(A)For the purpose of determining the annual sales volume of a person or a separate facility of a person, sales attributable to a person shall include—

(i)in the case of an individual, sales attributable to the spouse, children, grandchildren, parents, and grandparents of the person;

(ii)in the case of a partnership or member of a partnership, sales attributable to the partnership and other partners of the partnership;

(iii)in the case of an individual or a partnership, sales attributable to any corporation or other entity in which the individual or partnership owns more than 50 percent of the stock or (if the entity is not a corporation) that the individual or partnership controls; and

(iv)in the case of a corporation, sales attributable to any corporate subsidiary or other corporation or entity in which the corporation owns more than 50 percent of the stock or (if the entity is not a corporation) that the corporation controls.

(B)For the purpose of this paragraph, stock or an ownership interest in an entity that is owned by the spouse, children, grandchildren, parents, grandparents, or partners of an individual, or by a partnership in which a person is a partner, or by a corporation more than 50 percent of the stock of which is owned by a person, shall be treated as owned by the individual or person.

(3)For the purpose of this subsection, the order may require a person who sells cut flowers or cut greens to retailers to submit reports to the PromoFlor Council on annual sales by the person.

Reference

Citations & Metadata

Citation

7 U.S.C. § 6805

Title 7 — Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60