[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32066]
[[Page Unknown]]
[Federal Register: December 29, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1208
[FV-94-708FR]
RIN: 0581-AB20
Fresh Cut Flowers and Fresh Cut Greens Promotion and Information
Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture (Department) is issuing the
Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Order
(Order). The Order establishes a national industry-funded promotion and
information program for fresh cut flowers and fresh cut greens (cut
flowers and greens). The Order requires handlers to pay an assessment
based on their gross sales of cut flowers and greens, regardless of the
country of origin, to the National PromoFlor Council (Council).
Composed of floral industry representatives, who are wholesalers,
producers, importers, and retailers, the Council will use the
assessments collected to conduct a generic promotion and information
program to maintain, expand, and develop markets for cut flowers and
greens.
EFFECTIVE DATE: December 29, 1994.
FOR FURTHER INFORMATION CONTACT: Arthur Pease, Research and Promotion
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, Room
2535-S, Washington, DC 20090-6456, telephone (202) 720-6930.
SUPPLEMENTARY INFORMATION: This final Order is issued under the Fresh
Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993
[Pub. L. 103-190] approved December 14, 1993, hereinafter referred to
as the Act.
Prior documents in this proceeding:
Proposed Rule--Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Order published June 28, 1994, (59 FR 33400).
This final rule has been issued in conformance with Executive Order
12866 and the Office of Management and Budget has determined that it is
a ``significant regulatory action''.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. It is not intended to have retroactive effect. This
rule does not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 8 of the Act, after
an order is implemented, a person subject to the order may file a
petition with the Secretary stating that the order or any provision of
the order, or any obligation imposed in connection with the order, is
not in accordance with law and requesting a modification of the order
or an exemption from the order. The petitioner is afforded the
opportunity for a hearing on the petition. After such hearing, the
Secretary will make a ruling on the petition. The Act provides that the
district courts of the United States in any district in which a person
who is a petitioner resides or carries on business are vested with
jurisdiction to review the Secretary's ruling on the petition, if a
complaint for that purpose is filed within 20 days after the date of
the entry of the ruling.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of the Agricultural Marketing Service
(AMS) has considered the economic impact of this final action on small
entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened.
Only those wholesale handlers, retail distribution centers,
producers, and importers who have annual sales of $750,000 or more of
cut flowers and greens and sell those products to exempt handlers,
retailers, or consumers are considered to be qualified handlers and
assessed under the order. There are approximately 900 wholesalers, 150
importers, and 200 domestic producers who are qualified handlers.
The majority of these qualified handlers are classified as small
businesses. As defined by the Small Business Administration [13 CFR
121.601] small agricultural service firms, which includes the qualified
handlers who are required to pay assessments under the order, have been
defined as those having annual receipts of less than $5 million.
Statistics reported by the National Agricultural Statistics Service
show that 1993 sales at wholesale of domestic cut flowers and greens
total approximately $535 million while the value of imports during 1993
was approximately $382 million. The leading States in the United States
producing cut flowers and greens, by wholesale value, are California,
which produces approximately 60 percent of the domestic crop, followed
by Florida, Colorado, Washington, New York, Hawaii, and Pennsylvania.
Major countries exporting cut flowers and greens into the United
States, by value, are Columbia, which accounts for approximately 60
percent, followed by The Netherlands, Mexico, and Costa Rica.
During the first three years the order is in effect, the rate of
assessment may not exceed 0.5 percent of the gross sales of cut flowers
and greens. After the order has been in effect for three years, the
assessment rate may be increased or decreased by no more that 0.25
percent each year when recommended by two-thirds of the members of the
Council and approved by the Secretary. However, at no time may the
assessment rate exceed 1.0 percent of gross sales of cut flowers and
greens. Notice and comment rulemaking will be required to change the
assessment rate.
Although the maximum assessment collection is expected to total
about $10 million annually, the economic impact of a 1.0 percent or
less assessment on each qualified handler will not be significant.
While the proposed order imposes certain recordkeeping requirements
on qualified handlers, information required under the order can be
compiled from records currently maintained. Thus, any added burden
resulting from increased recordkeeping is not expected to be
significant when compared to the benefits that will accrue to such
businesses. The order's provisions have been carefully reviewed, and
every effort has been made to minimize any unnecessary recordkeeping
costs or requirements.
Although the order imposes some additional costs and requirements
on qualified handlers, it is anticipated that the program under the
order will help to increase the demand for cut flowers and greens.
Therefore, any additional costs are expected to be offset by the
benefits derived from expanded markets and sales benefiting all
segments of the floral industry. Accordingly, the Administrator of the
AMS has determined that the provisions of the order will not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 [44 U.S.C.
Chapter 35] the forms, reporting, and recordkeeping requirements
included in this action were submitted for approval to the Office of
Management and Budget (OMB) and assigned OMB No. 0581-0168, except for
Council member nominee information sheets that were previously assigned
OMB No. 0505-0001. On the effective date of the program, the
information collection burden will be combined with the other AMS
research and promotion programs included under assigned OMB No. 0581-
0093. Information collection requirements that are included in this
action are:
(1) A periodic report by each qualified handler who handles cut
flowers and greens. The estimated maximum number of respondents is
1,250, each submitting an average of 12 responses per year, with an
estimated average reporting burden of 10 minutes per response.
(2) An application requesting postponement of assessment payments.
The estimated maximum number of respondents is 25, each submitting an
average of 4 responses per year, with an estimated average reporting
burden of 20 minutes per response.
(3) A refund application form for persons who desire a refund of
their assessments. The estimated maximum number of respondents is 210,
each submitting 1 response prior to the initial referendum, or an
annual average of 70 respondents, with an estimated average reporting
burden of 15 minutes per response.
(4) An exemption application for wholesale handlers, retail
distribution centers, producers, and importers of cut flowers and
greens with gross annual sales under $750,000 and will be exempt from
assessments and recordkeeping requirements. The estimated number of
respondents for this form is 500, each submitting one response per
year, with an estimated average burden of 15 minutes per response.
(5) A referendum ballot to be used to determine whether qualified
handlers favor continuance of the order. The estimated number of
respondents completing this ballot will be 1,250, each submitting one
response approximately every 3 years, or an annual average of 417
respondents, with an estimated average reporting burden of 15 minutes
per response.
(6) A nominee background statement form for Council member and
alternate member nominees. The estimated number of respondents for this
form is 50 for the initial nominations to the Council and approximately
17 respondents annually thereafter. Each respondent will submit one
response per year, with an estimated average reporting burden of 30
minutes per response.
(7) A requirement to maintain records sufficient to verify reports
submitted under the order. The estimated maximum number of
recordkeepers necessary to comply with this requirement is 1,750 each
of whom will have an estimated annual burden of 15 minutes.
Background
The Act provides for the establishment by the Secretary of
Agriculture (Secretary), of a national cut flowers and greens promotion
and consumer information program which would be funded by assessments
levied on qualified handlers not to exceed 1 percent of their gross
sales of cut flowers and greens.
The Act authorized the submission of proposals for a cut flowers
and greens promotion and consumer information order by industry
organizations or any other interested person affected by the Act. As
required by the Act, the order provides for the establishment of a
National PromoFlor Council. The Council is to be composed of 25 voting
members: 14 members representing qualified wholesale handlers of
domestic and imported cut flowers and greens; 3 members representing
producers who are qualified handlers of cut flowers and greens; 3
members representing importers who are qualified handlers of cut
flowers and greens; 3 members representing traditional retailers of cut
flowers and greens; and 2 members representing persons who produce cut
flowers and greens. Each member shall have an alternate.
The Department issued a news release on February 17, 1994,
requesting proposals for an initial order or portions of an initial
order.
In response to that news release an entire proposed order was
submitted by the PromoFlor Organizing Group, Inc. (POG). POG, an
industry group that was created and sponsored by 68 floral industry
organizations and more than 700 floral businesses developed a proposal
for the promotion and consumer information order for cut flowers and
greens. Once the Order is issued, POG will cease to exist except for
the period of time it takes for it to serve as the initial election
committee to assist in the nomination of members and alternates to the
initial Council. After the Council is appointed, the Council will be
the election committee.
The Department published POG's proposed order as Proposal I. The
Department modified POG's proposed text (1) to make it consistent with
the Act and other similar national research and promotion programs
supervised by the Department, (2) to simplify the language and format
of some provisions, and (3) to add certain sections necessary for
proper administration of the Order by the Department.
In addition to the proposal from POG, the Department published
proposals addressing the nomination of the Council's retailer members
and defining ``traditional retailer'' and ``traditional retail florist
organization'', submitted by Florists' Transworld Delivery Association
(FTD) (Proposal II) and the Produce Marketing Association (PMA)
(Proposal III). All three proposals were published in the June 28,
1994, issue of the Federal Register (59 FR 33400).
Interested persons were invited to submit comments on the proposals
until August 29, 1994. Fifty-eight comments were received during the
comment period. One comment was received after the comment period.
There were two comments opposing the Order, one submitted by a
retail florist who, among other objections, opposed it on the basis of
government interference in private business. The other comment in
opposition to the proposed Order was filed by the Office of Chief
Counsel for Advocacy of the U.S. Small Business Administration (OCCA)
which raised a number of issues including the constitutionality of the
Order.
Of the 58 comments received, four expressed the opinion that the
phrase ``traditional retail florist'' be restricted only to those
independently owned retail florists whose major business is selling cut
flowers and greens to consumers. In contrast, the proposed definition
of ``traditional retailer'' submitted by PMA (Proposal III) included
all retailers whose primary business is the sale of floral products
including those who have a specific department dedicated to the sale of
such products. These four commenters also wanted to exclude from
Council membership, those marketers of cut flowers and greens who sell
floral items through supermarkets and department stores. In the same
vein, FTD argued that there should be a distinction between traditional
retail florists and other retail florists. It is FTD's position that
the traditional retail florists, should be small independent ``mom and
pop'' shops selling to consumers. The organization also stated that it
is the largest organization representing this segment of the floral
industry with 23,000 members, and as a cooperative, it should have a
permanent position on the Council. FTD further argued that other types
of retailers such as mass marketers and non-traditional retailers are
not as attuned to consumers and marketing programs as the retail
florists represented by FTD.
Thirty-one comments expressed concern that too limited an
interpretation of the term ``traditional retail florist'' would
preclude a large segment of the floral industry from being represented
on the Council. In the United States, the so-called mass-marketers such
as supermarkets and other large merchandizing operations, represent
about 50 percent of the volume of flowers and greens sold and about 33
percent of the total dollar value of floral sales. These commenters
contend that the term ``traditional retail florist'' should be very
broad and should include any retailer whose primary business is the
sale of floral products, including cut flowers and greens, or has a
specific department dedicated to the sale of floral products including
cut flowers and greens.
A total of thirty-six comments including PMA opposed the proposal
that FTD or any other wire service or organization be assigned a
permenant position representing retailers on the Council. The
commenters expressed views that retailers should not have to be
affiliated with a particular wire service affiliation or specific
organization but could contribute significantly to the floral
industry's promotional efforts and should be eligible to serve on the
Council. The commenters included floral organizations and businesses,
representing all segments of the floral industry from many different
areas of the country.
After considering all of the comments received on the issues of
Council representation and the proper definition of ``traditional
retail florist'', it is determined that the term should be broadly
defined as proposed by PMA, and that the membership on the Council
should include as wide a spectrum as possible representing the retail
segment of the floral industry. The FTD proposal allotting one of the
Council member positions to FTD is not adopted. The Act already
requires that one position on the Council be represented by AFMC.
Having two of the three retailer positions on the Council allocated to
specific associations would significantly limit the representation by
other floral industry retail segments. However, this does not mean that
a FTD nominee could not be appointed to the Council by the Secretary.
Proposal III published in the June 28, 1994, issue of the Federal
Register is accepted and incorporated into the Order because it affords
a large cross-section of retailers an opportunity to serve on the
Council.
Another comment made by FTD was that the uniform factor of 1.43 was
not high enough because it went further back in the channel of
distribution than the wholesalers selling to small retail florists.
This factor was recommended by the industry for those distribution
centers making non-sale transfers of fresh cut flowers and greens to
retail outlets and represents the markup on a sale from wholesaler to
retailer. This is equivalent to the same step in the marketing
distribution process that the traditional retailer described by FTD
uses when purchasing fresh cut flowers and greens from a wholesaler.
The sources used by wholesalers or distribution centers to acquire
fresh cut flowers and greens or the prices they pay should be
equivalent, because both would be expected to have the same access to
floral suppliers. Consequently, there are no actual differences as to
where in the marketing process assessments are levied.
OCCA commented that in its view the Order is unconstitutional. We
disagree with this view. In addition, OCCA urged the Agricultural
Marketing Service (AMS) to perform a regulatory flexibility analysis.
AMS had already made the determination that a regulatory flexibility
analysis is not appropriate for a program of this nature and its
relatively small economic impact.
OCCA also contended that the cost associated with recordkeeping and
the calculation of assessments due would be greater than AMS assumes.
The Department does not anticipate a significant increase in costs and
paperwork burden to those covered by the program because all of the
records required to be maintained under the Order are based on sales of
product or calculations based on the acquisition cost of product. These
types of records are normally kept by all businesses in the floral
industry, especially by wholesale handlers with annual sales of
$750,000 or more, and the calculation of assessments is a one step
procedure using such readily available records. Further, the industry
was provided 60 days to comment on all aspects of the proposed Order,
including the potential burden of calculating and paying assessments
and paperwork, and no individual, who would be a qualified handler
under the Order, expressed a concern in this area.
OCCA further contended that AMS failed to take into account the
impact of the Order on small retail florists. As OCCA correctly stated,
retail florists are not assessed under the Order. However, it was
OCCA's position that wholesalers would pass on the assessment costs in
terms of higher prices. There is sufficient competition within the
wholesale floral industry with approximately 900 wholesale handlers,
150 importers, and 200 domestic producers who are considered to be
qualified handlers (those having annual sales of $750,000 or more) plus
an undetermined number of suppliers who are smaller than the qualified
handlers and who sell to the retail florists. Thus, we do not feel that
a one-half of one percent assessment at the wholesale level would
result in higher prices.
OCCA also expressed concern with having POG serve as the initial
election committee, arguing that this would place too much power in the
hands of one segment of the industry. The POG represents a substantial
majority of the qualified handlers who would be paying assessments
under the program. This organization also has the knowledge and respect
of the floral industry necessary to perform this important function.
Balloting for nominees will be conducted by an independent certified
public accounting firm to ensure that the nominations are conducted in
an impartial manner. We believe that there is no reason to be concerned
by POG's role in the nominations process. As a matter of fact the
nomination process will be more efficient and less costly to the
industry if it is conducted as proposed.
OCCA also recommended that FTD and PMA each be allocated a seat on
the Council. The Act requires that one position be assigned to the
American Floral Marketing Association. As we have already stated, it is
the Department's view that the retailer positions on the Council should
be open to as wide a retailer representation as possible so that no
segment of the retail floral industry is discriminated against. It
would be difficult to determine which organization has the most retail
members, and this action would further preclude other retailers, who
may not be members of the largest organization, from serving on the
Council. Therefore, the Order provision concerning these nominations
will remain as proposed.
OCCA also commented on the need for referendum procedures. We are
aware that such procedures are needed and will promulgate those
procedures in advance of the referendum which is to be held no later
than 3 years after the Order is issued.
OCCA questions the Act giving the Secretary of Agriculture
(Secretary), and more specifically the AMS which administers these
programs, latitude in determining whether the order tends to effectuate
the policy of the Act. However, this is consistent with the statutory
scheme.
PMA also, recommended that nominations be limited to national
organizations. We are in agreement with this recommendation. The
acceptance of nominations only from national retail florists
organizations was already included in Sec. 1208.32(b) of the proposed
Order which is retained in the final Order. In addition, the definition
of ``traditional retail florists organization'' is accepted as proposed
in Proposal III, and that definition requires nationwide membership.
Further, PMA is in favor of keeping the two retailer seats that were
not designated for AFMC open to as large a segment of the floral
industry as possible. The provisions of this Order are also in
agreement with this recommendation.
Fifteen comments did not address any specific issues or proposals
but indicated general support for the Order and the program.
POG, which proposed an entire order for fresh cut flowers and
greens that was published in the June 28, 1994, issue of the Federal
Register as Proposal I, submitted a comment recommending that several
changes be made in the final Order.
In Sec. 1208.10 of the proposed Order, POG believes that the
definition of the term `` gross sales price'' needs further
clarification. The definition in the proposal contained the phrase
``total amount of the transaction in a sale of fresh cut flowers and
greens.'' Because there are numerous different methods used by
wholesalers, importers, and producers in pricing cut flowers and greens
in the industry, POG believes that further clarification is necessary
so that qualified handlers will not be confused when calculating
assessments due. Some qualified handlers invoice such charges as
boxing, sleeving, cooling, and delivery separately while others include
such charges in the price of the cut flowers and greens. Therefore, POG
contends that an equitable basis for determining what constitutes the
gross sales price, needs to be further explained in the Order to ensure
that all qualified handlers are aware of the basis for calculating
assessments. The Department accepts a change in the definition of
``gross sales price'' in Sec. 1208.10 which includes other charges that
are normally associated with the pricing of cut flowers and greens but
placed the methodology for determining variations under the assessment
provisions in Sec. 1208.50.
Minor clarification changes of the wording in Secs. 1208.16(a),
1208.18, 1208.18(a), and 1208.31(c) were accepted and incorporated in
the Order.
POG recommended an amendment to Sec. 1208.31(h) which would change
the time period for conducting the nomination process from 90 days to
120 days before the terms of office begins and which would have
appointments made at least 30 days before the terms of office begin.
This recommendation is not adopted. The nomination process can begin at
any time, and the appointment process may or may not take the full 90
days. Incorporating the recommended change would restrict any
flexibility the Secretary has in the appointment process. Further, all
nominees submitted for appointment normally have prepared themselves
for assuming their member roles when accepting the nomination.
POG also recommended a change in Sec. 1208.34(b) to eliminate the
exception that a person serving an initial term of office of two years
could only serve one additional 3-year term of office. This change
recommended by POG is denied on the basis that the Department believes
that for the sake of clarity it is necessary to specify that those
persons serving initial two-year terms of office are eligible to serve
one additional term of office on the Council.
Changes in Secs. 1208.34(c) and (d) recommended by POG that the
wording describing when the terms of office begin for the initial
members of the Council be better clarified. Wording recommended by POG
for clarification of the provisions is accepted and incorporated in the
Order.
POG's recommended change in Sec. 1208.36(b) that would change the
word ``cast'' to ``voting'' is unnecessary, and thus not adopted.
The change POG recommended in Sec. 1208.42(b), which would add
another term ``postharvest physiology'' to the list of authorized
research projects, is accepted and incorporated into the Order.
POG's comment on removing all of the references in Sec. 1208.50(a)
to the various subparagraphs in Sec. 1208.16 and just referring to the
section is accepted and incorporated into the Order, because the
proposal language is repetitious and unnecessary.
POG's comments on Secs. 1208.50(b), 1208.54(a), 1208.70(c), and
1208.82 are for wording changes that would clarify the intent but not
the meaning of the sections. These wording changes are accepted and
incorporated into the Order.
POG asked that Sec. 1208.80 regarding a requirement that all
substantive actions proposed by the Council be submitted to the
Secretary should be deleted. POG argues that since all financial
matters, programs, and projects require approval by the Secretary,
there is no need to further require that the Secretary approve all
substantive Council actions. POG'S request is not adopted because the
section merely reflects the fact that the Secretary has oversight
responsibility over the program. Thus, it is reasonable to expect that
in order to properly carry out such responsibility the Secretary should
have the authority to approve the Council's actions.
The Professional Allied Florists Association of Metropolitan
Detroit submitted a comment requesting that a portion of the assessment
collected by the Council be distributed to local organizations for
local promotion. The Act does not authorize such disbursements, but any
promotion initiated by the Council will certainly compliment any local
promotions and should help increase the consumption of cut flowers and
greens.
One comment was received from an individual but did not address any
issues concerning the proposed Order. Another comment was received
after the close of the comment period. These comments have been
included in the rulemaking record.
The American Institute of Certified Public Accountants (AICPA)
submitted a comment concerning Sec. 1208.55 of the Order which deals
with the postponement of assessments. The AICPA stated that the
requirement that an independent certified public accountant express an
opinion that a handler is insolvent or that a handler will be unable to
continue to operate if required to pay the assessment when due is not
possible under professional accounting standards. We concur with the
AICPA's that procedures need to be developed whereby a handler would be
required to have an independent accountant perform an agreed upon
procedure under applicable professional standards after a postponement
is requested. Procedures for the actual processing of postponement
requests will be developed after the Order becomes effective and a
Council is appointed. AICPA also commented that in Sec. 1208.70(c) of
the Order, the phrase ``books and records'' should be replaced by
``financial statements'' because these documents are what auditors
audit. This comment is accepted with modification in that the term
``financial records and documents'' will be used, and the section is
changed accordingly.
Other minor conforming changes made in this final rule include the
requirement in Sec. 1208.31(f) that ballots for voting for nominees be
distributed only to persons assessed. This is changed because the Act
does not require that producers voting for the at-large producer member
nominees (east and west of the Mississippi River) necessarily have to
be producers who pay assessments.
After consideration of all relevant material presented, including
the initial proposals, comments received, and other available
information, it is found that the Order and all the terms and
conditions thereof, tends to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined that good
cause exists for not postponing the effective date of this action until
30 days after publication in the Federal Register because a lengthy
period is required to nominate and appoint the Council, the
administrative agency provided for in the Order, before it can start to
function. The floral industry has requested that the program become
operational as soon as possible so that assessments can collected
shortly after the beginning of the 1995 calendar year, which is the
floral industry's largest sales period, and so that promotional and
other activities can be in place as soon as possible. Before the
program can begin, it will be necessary for the Council to recommend a
budget of anticipated expenses to the Department for review,
modification, or approval. Also, it will be necessary for the Council
to hire a staff and establish an office to carry out the needed
administrative functions. Further, interested persons were afforded a
60-day comment period, and no useful purpose would be served in
delaying the effective date. Therefore, this final rule is effective on
the date of publication in the Federal Register.
List of Subjects in 7 CFR Part 1208
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Cut flowers, Cut greens, Promotion,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble title 7 of the Code of
Federal Regulations is hereby amended by adding a new Part 1208 to read
as follows:
PART 1208--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND
INFORMATION
Subpart A--Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Order
Definitions
Sec.
1208.1 Act
1208.2 Consumer information
1208.3 Council
1208.4 Cut flowers
1208.5 Cut greens
1208.6 Cut flowers and greens
1208.7 Department
1208.8 Exempt handler
1208.9 Fiscal year
1208.10 Gross sales price
1208.11 Order
1208.12 Part and subpart
1208.13 Person
1208.14 Promotion
1208.15 Producer that is a qualified handler
1208.16 Qualified handler
1208.17 Research
1208.18 Retailer
1208.19 Secretary
1208.20 Substantial portion
1208.21 State
1208.22 Traditional retailer
1208.23 Traditional retail florist organization
1208.24 United States
Establishment of the Council
1208.30 Establishment and membership of the Council
1208.31 Election and appointment of members and alternates other
than retailers
1208.32 Designation and appointment of retailer members and
alternates
1208.33 Failure to nominate
1208.34 Terms of office and compensation
1208.35 Vacancies
1208.36 Procedure
1208.37 Executive committee
Activities of the Council
1208.40 Duties of the Council
1208.41 Budgets and expenses
1208.42 Plans, projects, budgets, and contracts
1208.43 Other contracts and agreements
Assessments
1208.50 Assessments
1208.51 Influencing governmental action
1208.52 Charges for late payments
1208.53 Adjustment of accounts
1208.54 Refunds of assessments and escrow account
1208.55 Postponement of collections
1208.56 Determinations
Suspension or Termination
1208.60 Suspension and termination
1208.61 Proceedings after termination
1208.62 Effect of termination or amendment
Reports, Books, and Records
1208.70 Books, records, reports, cost control, and audits of the
Council
1208.71 Reports, books, and records of persons subject to this
subpart
1208.72 Confidential treatment
Miscellaneous
1208.80 Right of the Secretary
1208.81 Personal liability
1208.82 Patents, copyrights, inventions, publications, and product
formulations
1208.83 Amendments
1208.84 Separability
1208.85 OMB control numbers
Authority: The Fresh Cut Flowers and Fresh Cut Greens Promotion
and Information Act of 1993, 7 U.S.C. 6801 et seq.
Definitions
Sec. 1208.1 Act.
Act means the Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Act of 1993, Pub. L. 103-190, 7 U.S.C. Secs. 6801 et seq.,
and any amendments thereto.
Sec. 1208.2 Consumer information.
Consumer information means any action or program that provides
information to consumers and other persons on appropriate uses for cut
flowers and greens under varied circumstances, or on the care and
handling of cut flowers and greens.
Sec. 1208.3 Council.
Council means the Fresh Cut Flowers and Fresh Cut Greens Promotion
Council established pursuant to Sec. 1208.30 of this subpart and which
shall be referred to as the National PromoFlor Council.
Sec. 1208.4 Cut flowers.
Cut flowers include all flowers cut from growing plants that are
used as fresh-cut flowers and that are produced under cover or in field
operations, but not including foliage plants, floral supplies, or
flowering plants.
Sec. 1208.5 Cut greens.
Cut greens include all cultivated or noncultivated decorative
foliage cut from growing plants that are used as fresh-cut decorative
foliage (except Christmas trees) and that are produced under cover or
in field operations, but not including foliage plants, floral supplies,
or flowering plants.
Sec. 1208.6 Cut flowers and greens.
The term cut flowers and greens means either cut flowers or cut
greens, even though the cut flowers or cut greens are sold as separate
commodities by a person in the floral marketing system, or cut flowers
and cut greens collectively when both commodities are sold by a person
in the floral marketing system.
Sec. 1208.7 Department.
Department means the United States Department of Agriculture.
Sec. 1208.8 Exempt handler.
Exempt handler means a person who would otherwise be considered to
be a qualified handler except that the person's annual sales of cut
flowers and greens to retailers and other exempt handlers is less than
$750,000.
Sec. 1208.9 Fiscal year.
Fiscal year means a 12-month period recommended by the Council and
approved by the Secretary.
Sec. 1208.10 Gross sales price.
Gross sales price means the total amount of the transaction in a
sale of cut flowers and greens from a handler to a retailer or exempt
handler including but not limited to charges such as containers, pre-
cooling, packing, sleeving, delivery, freight, shipping, or other
charges necessary to the protection and preservation of the cut flowers
and greens.
Sec. 1208.11 Order.
Order means this subpart.
Sec. 1208.12 Part and subpart.
Part means the Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Order and all rules and regulations issued pursuant to the
Act. The order itself shall be a subpart of such part.
Sec. 1208.13 Person.
Person means any individual, group of individuals, firm,
partnership, corporation, joint stock company, association, society,
cooperative, or other legal entity.
Sec. 1208.14 Promotion.
Promotion means any action determined by the Secretary to advance
the image, desirability, or marketability of cut flowers and greens,
including paid advertising.
Sec. 1208.15 Producer that is a qualified handler.
Producer that is a qualified handler means an entity that is
engaged: In the domestic production, for sale in commerce, of cut
flowers and greens and that owns or shares in the ownership and risk of
loss of the cut flowers and greens; or as a first processor of
noncultivated greens, in receiving the greens from a person who gathers
the greens for handling; and is subject to assessments as a qualified
handler under the order.
Sec. 1208.16 Qualified handler.
Qualified handler means a person operating in the cut flowers and
greens marketing system that sells domestic or imported cut flowers and
greens to retailers and exempt handlers and whose annual sales of cut
flowers and greens to retailers and exempt handlers are $750,000 or
more. The term does not include a person who only physically transports
or delivers cut flowers and greens. However, the term does include, but
is not limited to, the following entities when they have the requisite
volume of sales of cut flowers and greens as provided in Secs. 1208.50
and 1208.57:
(a) A qualified wholesale handler--a person in business as a floral
wholesale jobber (i.e., a person who conducts a commission or other
wholesale business in buying and selling cut flowers and greens) or as
a floral supplier (i.e., a person engaged in acquiring cut flowers and
greens to be manufactured into floral articles or otherwise processed
for resale) if the annual value of the qualified wholesale handlers
sale of cut flowers and greens to retailers and exempt handlers is
$750,000 or more;
(b) A manufacturer of bouquets for sale to retailers if the cut
flowers and greens used in such articles are a substantial portion of
the value of the manufactured floral articles;
(c) A manufacturer of floral articles (other than bouquets) for
sale to retailers if the cut flowers and greens used in such articles
are a substantial portion of the value of the manufactured floral
articles;
(d) An auction house that clears the sale of cut flowers and greens
to retailers and exempt handlers through a central clearinghouse;
(e) A distribution center that is owned or controlled by a retailer
if the predominant retail business activity of the retailer is floral
sales. In addition to sales, non-sale transfers of cut flowers and
greens by the distribution center to retail outlets, shall be counted
for the purpose of applying the $750,000 minimum volume rule to the
center and the value of such transfers shall be determined as provided
in Secs. 1208.50 and 1208.57;
(f) An importer that is a qualified handler--a person whose
principal activity is the importation of cut flowers and 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 and greens
outside of the United States for sale in the United States) and who
sells such cut flowers and greens to retailers and exempt handlers or
directly to consumers, if the annual combined value of such sales
determined as provided in Secs. 1208.50 and 1208.57 totals $750,000 or
more;
(g) A producer that is a qualified handler, e.g., a person who
produces cut flowers and greens and who sells such cut flowers and
greens directly to retailers or consumers if the annual combined value
of such sales determined as provided in Secs. 1208.50 and 1208.57
totals $750,000 or more.
Sec. 1208.17 Research.
Research means market research and studies limited to the support
of advertising, market development, and other promotion efforts and
consumer information efforts relating to cut flowers and greens,
including educational activities.
Sec. 1208.18 Retailer.
Retailer means a person who sells cut flowers and greens to
consumers. The term includes:
(a) All retail outlets that sell cut flowers and greens to
consumers including retail florists, supermarkets, and other mass
market retail outlets that sell such cut flowers or greens, except
distribution centers defined in Sec. 1208.16(e) (i.e., centers that are
owned or controlled by a retailer if the predominant retail business
activity of the retailer is floral sales and whose sales and non-sale
transfers of cut flowers and greens to retail outlets total $750,000 or
more, determined as provided in this subpart) even though such centers
may also make direct sales to consumers.
(b) Distribution centers owned or controlled by a retailer (or
distribution centers owned or controlled cooperatively by a group of
such retailers) when the predominant business activity of the retailer
or retailers is not the sale of cut flowers and greens to consumers;
and
(c) Distribution centers independently owned but operated primarily
to provide food products to retail stores.
Sec. 1208.19 Secretary.
Secretary means the Secretary of Agriculture of the United States
or any officer or employee of the Department to whom authority has
heretofore been delegated, or to whom authority may hereafter be
delegated, to act in the Secretary's stead.
Sec. 1208.20 Substantial portion.
Substantial portion means that portion of the total value of
manufactured floral articles that represents the value of the cut
flowers and greens in such articles (expressed as a percentage factor)
which the Council, with the approval of the Secretary, finds to be
great enough to cause such articles to be classed as cut flowers and
greens under this subpart.
Sec. 1208.21 State.
State means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, the United States Virgin Islands,
Guam, American Samoa, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau (until such
time as the Compact of Free Association is ratified).
Sec. 1208.22 Traditional retailer.
Traditional retailer means any retailer, as defined in
Sec. 1208.18, whose primary business is the sale of floral products,
including fresh cut flowers and cut greens, or who has a specific
department dedicated to the sale of floral products, including fresh
cut flowers and cut greens.
Sec. 1208.23 Traditional retail florist organization.
Traditional florist organization means membership organizations of
traditional retailers with activities and membership which are
nationwide in scope.
Sec. 1208.24 United States.
United States means the States collectively.
Establishment of the Council
Sec. 1208.30 Establishment and membership of the Council.
(a) A Fresh Cut Flowers and Fresh Cut Greens Promotion Council
which shall be named the National PromoFlor Council is hereby
established to administer the terms and provisions of this subpart. The
Council shall consist of 25 members nominated by the floral industry
and appointed by the Secretary, as provided in this subpart, each of
whom shall have an alternate nominated and appointed in the same manner
as members of the Council are nominated and appointed.
(b) The membership of the Council shall be divided as follows:
(1) 14 members and their alternates shall represent qualified
wholesale handlers of domestic or imported cut flowers and greens;
(2) Three members and their alternates shall represent producers
that are qualified handlers of cut flowers and greens;
(3) Three members and their alternates shall represent importers
that are qualified handlers of cut flowers and greens;
(4) Three members and their alternates shall represent traditional
retailers of cut flowers and greens;
(5) One member and alternate shall represent persons who produce
cut flowers and greens in locations east of the Mississippi River; and
(6) One member and alternate shall represent persons who produce
cut flowers and greens in locations west of the Mississippi River.
Sec. 1208.31 Election and appointment of members and alternates other
than retailers.
(a) PromoFlor Organizing Group, Inc., an industry organizing
committee, is designated as an election committee for the purpose of
receiving the names of individuals who are engaged in the industry and
who are prepared to serve as members (other than retailer members) of
the Council or as alternates if elected as nominees and if selected by
the Secretary for such positions.
(b) The election committee shall, within five (5) days of the
issuance of this subpart and with the assistance of the Secretary,
request the submission of names of candidates for nominees from those
segments of the industry for which nominees must be selected by an
election process. These segments are: qualified wholesale handlers;
importers who are qualified handlers; producers of cut flowers and
greens who are qualified handlers; and producers of cut flowers and
greens without regard to whether they are qualified handlers.
Notification of the industry of the selection process by the election
committee shall be by a news release to industry publications and where
appropriate, newspapers of general circulation. In order to be assured
of a place on the slate of candidates, the names of candidates must be
received by the election committee not later than fifteen (15) days
after the date of the first such news release.
(c) Names of candidates shall be sought for the following seats on
the Council:
(1) 14 members and their respective alternates to represent
qualified wholesale handlers of domestic or imported cut flowers and
greens. Two such members and their respective alternates to represent
the United States at large and two such members and their respective
alternates to represent each of the following regions:
Region 1 (Pacific): Alaska, California, Hawaii, Oregon, Washington,
the Commonwealth of the Northern Mariana Islands, Guam, the Federated
States of Micronesia, American Samoa, the Republic of the Marshall
Islands, and the Republic of Palau.
Region 2 (Inter-Mountain): Arizona, Arkansas, Colorado, Idaho,
Kansas, Louisiana, Montana, Nebraska, Nevada, New Mexico, North Dakota,
Oklahoma, South Dakota, Texas, Utah, and Wyoming.
Region 3 (North Central): Illinois, Indiana, Iowa, Michigan,
Minnesota, Missouri, and Wisconsin.
Region 4 (Northeast): Connecticut, Maine, Massachusetts, New
Hampshire, New Jersey, New York, Rhode Island, and Vermont.
Region 5 (Mid-Atlantic): Delaware, District of Columbia, Kentucky,
Maryland, Ohio, Pennsylvania, Virginia, and West Virginia.
Region 6 (Southeast): Alabama, Florida, Georgia, Mississippi, North
Carolina, Puerto Rico, South Carolina, Tennessee, and the United States
Virgin Islands.
(2) Three at-large members and their alternates to represent
importers that are qualified handlers of cut flowers and greens.
(3) Three members and their alternates to represent producers of
cut flowers and greens that are qualified handlers of cut flowers and
greens. There shall be one such member and alternate from each of the
following production areas:
Production Area 1: California.
Production Area 2: Alaska, Arizona, Arkansas, Colorado, Hawaii,
Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota,
Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota,
Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wisconsin, and
Wyoming.
Production Area 3: Alabama, Connecticut, Delaware, Florida,
Georgia, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New
Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West
Virginia.
(4) Two members and their respective alternates to represent
persons who produce cut flowers and greens in locations east and west
of the Mississippi River, respectively. There shall be one such member
and alternate from the east, and one such member and alternate from the
west.
(d) Names of candidates for nominees may be submitted by state,
regional (either regions within a state or regions that include more
than one state as appropriate), or national industry organizations,
provided that the organization has members engaged in the appropriate
segment of the industry and from the region or production area if
applicable, or by petition. The names of candidates submitted by an
industry organization shall be accompanied by statements showing the
role of the organization in the industry and general information about
the membership it represents. No industry organization may submit more
than two names of candidates for each seat on the Council. The names of
candidates submitted by petition shall be accompanied by petitions in
support of such candidate, signed by not less than ten (10) persons
engaged in the appropriate segment of the industry and from the region
or production area, if applicable, that the candidate will represent if
ultimately selected by the Secretary. Submission of names of all
candidates, whether by organizations or by petition, must include a
certification by the candidate that the candidate is within the segment
of the industry and the region or production area for which the
candidate is nominated and, if elected as a nominee and if subsequently
appointed by the Secretary, the candidate is willing to serve as a
member or alternate member on the Council.
(e) The names of candidates so submitted shall be reviewed and
organized by the election committee for the preparation of slates of
candidates. Separate slates for each segment and region of the industry
shall be prepared as appropriate. There must be at least four
candidates for each position on the Council for which nominees must be
selected by election. No candidate may seek nomination for more than
one seat on the Council. In a case where a candidate is nominated more
than once, the election committee will decide which place on the ballot
the candidate's name will appear. If insufficient candidates have been
proposed for any seat, the election committee shall select additional
candidates as required. The slates shall be prepared not later than 5
days after the date for receiving names of candidates by the election
committee.
(f) After all candidates have been listed on the slates of
candidates, the slates shall be supplied to an independent certified
public accounting (CPA) firm contracted by the election committee. The
ballots shall be printed and distributed by the CPA firm by U.S. mail,
or other means selected by the election committee, not later than 15
days after the slates of candidates are received from the election
committee. To the maximum extent practicable, ballots will be
distributed to all persons who are eligible to vote for candidates
under this subpart in the segment of the industry, the region, or in
the United States as a whole, as applicable, to which the ballot
pertains. Ballots that are not returned to the CPA firm within 20 days
shall be declared invalid. The votes for each candidate on the ballots
shall be tallied by the CPA firm at the end of the voting period and
the results furnished to the election committee. The election committee
shall issue a news release setting forth the names of the candidates
and the number of votes received by each candidate within 5 days after
the voting period has ended. Those candidates on each of the ballots
who rank first, second, third, and fourth in the number of votes
received for each seat on the Council shall be declared the nominees
for each such seat.
(g) The names of those declared the nominees for each of the seats
on the Council representing the various segments of the industry and
the designated regions or production areas, where applicable, shall be
submitted to the Secretary in order of rank with the number of votes
received by each such nominee shown after the nominee's name and with
the recommendation that the nominee with the most votes for each of
such seats be declared the member of the Council and the nominee with
the next greatest number of votes for each of such seats be declared
the alternate member. The Secretary shall then appoint from the
nominees so provided the members and their alternates for each of such
seats on the Council.
(h) Subsequent elections of nominees and appointment of members and
alternates as terms expire shall be conducted by the Council or the
Council staff in the manner similar to that described above except that
the Council shall act as the election committee for which provision is
made in this section. The nomination and election process shall be
completed at least 90 days before the beginning of each nominee's term
of office.
(i) The Council shall periodically review the cut flower and greens
market in the United States for changes in the geographic distribution
of importing, producing, and marketing facilities and shall, if
appropriate, recommend changes in the regions and production areas
described in this section to the Secretary for approval.
Sec. 1208.32 Designation and appointment of retailer members and
alternates.
(a) Four nominations for one of the traditional retailer members of
the Council and that member's alternate shall be received from the
American Floral Marketing Council (AFMC) or a successor entity.
(b) Four nominations for each of two members of the Council and
their alternates shall be received from national traditional retail
florist organizations other than the AFMC. In order to be eligible to
submit nominations for members and alternates to serve on the Council,
such organizations must certify that their activities and membership
are nationwide in scope. No more than four nominations for each seat
may be submitted by each organization.
(c) The Secretary shall choose from among the names submitted by
the AFMC the names of the member and alternate who shall fill the seat
on the Council representing the AFMC. The Secretary shall choose from
among the names submitted by national traditional retail florist
organizations other than the AFMC the two members and their alternates
who shall fill the other two seats on the Council representing
traditional retailers.
Sec. 1208.33 Failure to nominate.
If any group of qualified wholesale handlers, producers that are
qualified handlers, importers that are qualified handlers, persons who
produce cut flowers and greens, or traditional retailers fails to
nominate individuals for appointments as members or alternates of the
Council, the Secretary may appoint individual(s) from the appropriate
segment(s), region(s), or area(s) of the industry to fill the vacancy
or vacancies. The failure of any nominee to promptly indicate the
nominee's willingness to serve in such manner as may be prescribed by
the Secretary shall be treated as a failure to nominate.
Sec. 1208.34 Term of office and compensation.
(a) The term of office for each member or alternate member of the
Council shall be three years. As provided in the Act, the initial
appointments on the Council shall be as follows: nine of the member
appointments shall be for two-year terms, eight of the appointments
shall be for three-year terms, and eight of the appointments shall be
for four-year terms. Alternate members shall have the same terms of
office as their respective members. The term of office on the initial
Council shall be apportioned as follows:
(1) One of the two qualified wholesale handler members representing
each of Regions 1, 2, 4, and 5 shall serve two-year terms of office;
one of the two qualified wholesale handler members representing each of
Regions 3, 4, and 6 shall serve three-year terms of office; and one of
the two qualified wholesale handler members representing each of
Regions 1, 2, 3, 5, and 6 shall serve four-year terms of office.
(2) The two qualified wholesale handler members representing the
United States at large shall serve terms of office of two years and
three years respectively.
(3) The members representing producers that are qualified handlers
from Production Areas 1 and 2 shall serve three-year terms of office,
and the member representing producers that are qualified handlers from
Production Area 3 shall serve a four-year term of office.
(4) The three members representing importers that are qualified
handlers shall serve terms of office of two, three, and four years
respectively.
(5) The members representing producers that produce cut flowers and
greens east and west of the Mississippi River shall each serve two-year
terms of office.
(6) The member representing retailers nominated by the AFMC shall
serve a two-year term of office. The two members representing retailers
not nominated by the AFMC shall serve three-year and four-year terms of
office respectively.
(b) No member of the Council may serve more than two consecutive
terms of three years, except that any member serving an initial term of
four years or two years may serve an additional term of three years.
(c) The term of office for the initial Council shall begin
immediately following appointment by the Secretary. Should the term of
office of the initial Council begin before January 1, 1995, the time
between appointment and January 1, 1995, shall not count towards the
initial term of office. Should the term of office of the initial
Council begin later than January 1, 1995, all time until the following
January will count as a full year toward the terms of office set out in
this section. In subsequent years, the term of office shall begin on
January 1 or such other period which may be recommended by the Council
and approved by the Secretary.
(d) Members of the Council shall serve without compensation, but
each member or alternate member acting in place of a member shall be
reimbursed for the expenses incurred in performing duties as a member
of the Council.
Sec. 1208.35 Vacancies.
(a) Should any Council member position become vacant, the alternate
of that member shall automatically assume the position of said member.
Candidates for the vacant alternate member position which resulted from
the alternate filling the vacant member position shall be nominated in
the manner specified in Secs. 1208.31 and 1208.32. Provided, That a
vacancy will not be required to be filled if the unexpired term is less
than six months.
(b) Should the positions of both a member and such member's
alternate become vacant, Candidates to serve the unexpired terms of
office for such member and alternate shall be nominated in the manner
specified in Secs. 1208.31 and 1208.32. Provided, That a vacancy will
not be required to be filled if the unexpired term is less than six
months.
(c) If a member of the Council consistently refuses to perform the
duties of a member of the Council, if a member of the Council fails to
submit reports and remit assessments required under this part, or if a
member of the Council is known to be engaged in acts of dishonesty or
willful misconduct, the Council may recommend to the Secretary that the
member be removed from office. If the Secretary finds that the
recommendation of the Council shows adequate cause, the Secretary shall
remove such member from office. Further, without recommendation of the
Council, a member may be removed by the Secretary upon a showing of
adequate cause, if the Secretary determines that the person's continued
service would be detrimental to the achievement of the purposes of the
Act.
Sec. 1208.36 Procedure.
(a) Thirteen (13) Council members, including alternates acting in
place of members of the Council, shall constitute a quorum: Provided,
That such alternates shall serve only when the member is absent from a
meeting or is disqualified. Any action of the Council shall require the
concurring votes of a majority of those present and voting. At
assembled meetings, all votes shall be cast in person.
(b) In lieu of voting at an assembled meeting, and, when in the
opinion of the chairperson of the Council such action is considered
necessary, or for matters of an emergency nature when there is not
enough time to call an assembled meeting, the Council may act upon a
majority of concurring votes of its members cast by mail, telegraph,
telephone, facsimile, or by other means of communication: Provided,
That each member or alternate acting for a member receives an accurate,
full, and substantially identical explanation of each proposition.
Telephone votes shall be promptly confirmed in writing. All votes shall
be recorded in the Council minutes.
Sec. 1208.37 Executive committee.
(a) The Council is authorized to appoint an executive committee of
not more than nine persons from among its members. Initially, the
executive committee shall be composed of the following:
(1) Four members representing qualified wholesale handlers;
(2) Two members representing producers that are qualified handlers;
(3) Two members representing importers that are qualified handlers;
and
(4) One member representing traditional retailers.
(b) 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 Council as a whole.
(c) Each initial appointment to the executive committee shall be
for a term of two years. After the initial appointments, each
appointment to the executive committee shall be for a term of one year.
(d) The Council may delegate to the executive committee the
authority of the Council under this subpart to hire and manage staff
and conduct the routine business of the Council consistent with such
policies as are determined by the Council.
Activities of the Council
Sec. 1208.40 Duties of the Council.
The Council shall have the following duties, in addition to the
duties specified in other sections of this subpart:
(a) Administer this subpart in accordance with the terms and
provisions of this subpart;
(b) Make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) Appoint members of the Council to serve on the executive
committee, as provided in Sec. 1208.37;
(d) Employ such persons as the Council determines are necessary,
and set the compensation and define the duties of the persons;
(e) Develop budgets for the implementation of this subpart and
submit the budgets to the Secretary for approval, and propose and
develop (or receive and evaluate), approve, and submit to the Secretary
for approval plans and projects for cut flowers and greens promotion,
consumer information, or related research;
(f) Implement plans and projects for cut flowers and greens
promotion, consumer information, or related research, or contract or
enter into agreements with appropriate persons to implement the plans
and projects and pay the costs of the implementation of contracts and
agreements with funds received under this subpart;
(g) Keep minutes, books, and records which clearly reflect all of
the acts and transactions of the Council. Minutes of all meetings shall
be promptly provided to the Secretary;
(h) Evaluate ongoing and completed plans and projects for cut
flowers and greens promotion, consumer information, or related
research;
(i) Receive, investigate, and report to the Secretary complaints of
violations of this subpart and direct that the staff of the Council
periodically review the list of importers of cut flowers and greens
provided by the Customs Service to determine whether persons on the
list are subject to this subpart;
(j) Recommend to the Secretary amendments to this subpart;
(k) Invest, pending disbursement under a plan or project, funds
collected through assessments only in: Obligations of the United States
or any agency of the United States, general obligations of any State or
any political subdivision of a State, any interest-bearing account or
certificate of deposit of a bank that is a member of the Federal
Reserve System, or obligations fully guaranteed as to principal and
interest by the United States. Income from any such invested funds may
be used only for a purpose for which the invested funds may be used.
(l) Prepare and submit to the Secretary such reports as may be
prescribed for appropriate accounting with respect to the receipt and
disbursement of funds entrusted to the Council monthly, or at such
times as prescribed by the Secretary. Monthly financial statements
shall be submitted to the Department and shall include at least:
(1) A balance sheet, and
(2) An expense budget comparison showing expenditures during the
month, year-to-date expenditures, and an unexpended budget. Upon
request, a summary of checks issued by the Council is to be made
available. Reports shall be submitted within 30 days after the end of
each month.
(m) To cause the books of the Council to be audited by an
independent certified public accountant at the end of each fiscal
period, and at such other times as the Council or the Secretary may
deem necessary. The report of each audit shall show the receipt and
expenditure of funds collected pursuant to this part, and shall be
submitted to the Secretary.
(n) To give the Secretary the same notification, written or oral,
as provided to Council members concerning all conference calls and
meetings, including executive, advisory, subcommittee, and other
meetings related to Council matters, and to grant the Secretary access
to all such calls and meetings;
(o) To follow the Department's equal opportunity/civil rights
policies; and
(p) Provide the Secretary such information as the Secretary may
require.
Sec. 1208.41 Budgets and expenses
(a) The Council shall promptly adopt and forward to the Secretary
for approval its determination of the beginning and ending dates of an
annual fiscal period to be used by the Council for budgeting and
accounting purposes.
(b) The Council shall submit annual budgets of its anticipated
expenses and disbursement in the administration of this subpart,
including the projected costs for the promotion of cut flowers and
greens, consumer information, and related research plans and projects
to the Secretary for approval. The first budget, which shall be
submitted promptly after the effective date of this subpart, shall
cover such period as may remain before the beginning of the next fiscal
year. If such fiscal period is 90 days or less, the first budget shall
cover such period, as well as the next fiscal year. Thereafter, the
Council shall submit budgets for each succeeding fiscal year not less
than 30 days before the beginning of such fiscal year.
(c) The Council is authorized to incur such expenses (including
provision for a reasonable reserve for operating contingencies) as the
Secretary finds are reasonable and likely to be incurred by the Council
for its maintenance and functioning and to enable it to exercise its
powers and perform its duties in accordance with this subpart. Expenses
authorized in this paragraph shall be paid from assessments collected
pursuant to Sec. 1208.50, or other funds available to the Council.
(d) The Council shall reimburse the Secretary, from assessments
collected pursuant to Sec. 1208.50, or from other funds available to
the Council, for administrative costs incurred by the Department to
carry out its responsibilities pursuant to this subpart after December
29, 1994.
(e) The Council shall establish an interest-bearing escrow account
with a bank that is a member of the Federal Reserve System and shall
deposit in such account an amount equal to the percentage determined by
the Council to be held in reserve for the payment of refunds pursuant
to Sec. 1208.54.
(f) The Council may, with the approval of the Secretary, borrow
money for the payment of administrative expenses, subject to the same
fiscal, budget, and audit controls as other funds of the Council.
Sec. 1208.42 Plans, projects, budgets, and contracts.
The Council shall develop and implement plans and projects for the
promotion of, and the dissemination of information about, cut flowers
and greens, as well as for research related to cut flowers and greens
in accordance with the following:
(a) The Council shall develop, or contract for the development of,
plans and projects for advertising, sales promotion, other promotion,
and for dissemination of consumer information, with respect to cut
flowers and greens, and may disburse such funds as necessary for these
purposes after such plans or projects have been submitted to, and
approved by, the Secretary. Any such plan or project shall be directed
toward increasing the general demand for cut flowers and greens and
shall not make reference to a private brand or trade name, point of
origin, or source of supply, except that the Council may offer such
plans and projects of the Council for use by commercial parties such as
local, regional, State, or national floral industry organizations, and
then only under terms and conditions prescribed by the Council and
approved by the Secretary. No plan or project may make use of unfair or
deceptive acts or practices with respect to quality or value.
(b) The Council shall develop, or contract for the development of,
plans and projects for research on the development of both established
and new markets for cut flowers and greens and for research with
respect to postharvest physiology, distribution, sale, marketing, use,
and promotion of cut flowers and greens, as well as the dissemination
of consumer information concerning cut flowers and greens. The Council
is authorized to develop, or contract for the development of, such
plans and projects for other research with respect to the marketing,
promotion, and dissemination of information about cut flowers and
greens as it finds appropriate. The Council may disburse such funds as
necessary for these purposes after such plans or projects have been
submitted to, and approved by, the Secretary.
(c) The Council shall submit to the Secretary, for approval before
implementation, any contracts for development of plans and projects, as
well as such plans and projects as may be developed by or approved by
the Council for advertising, promotion, dissemination of information,
and research. All such submissions to the Secretary shall be
accompanied by a proposed budget showing the estimated expense to be
incurred and the availability of revenue from which such expense may be
paid. On approval of any such submission, the Council may proceed with
the contract, plan or project and incur the expenses necessary to carry
it out. Contracts or agreements to be submitted to the Secretary and
entered into if approved by the Secretary shall, among such other
matters as may be required, provide that:
(1) The contracting or agreeing party shall develop and submit to
the Council a plan or project, together with a budget that includes the
estimated costs to be incurred for the plan or project;
(2) The plan or project shall become effective on the approval of
the Secretary; and
(3) The contracting or agreeing party shall:
(i) Keep accurate records of all of the transactions of the party;
(ii) Account for funds received and expenses;
(iii) Make periodic reports to the Council of activities conducted;
and
(iv) Make such other reports as the Council or the Secretary may
require.
(d) The 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 greens industry to assist in the
development of promotion, consumer information, and related research
plans and projects. For these purposes, the Council may appoint special
committees composed of persons other than Council members. A committee
so appointed may not provide advice or recommendations to a
representative of an agency, or an officer, of the Federal Government,
and shall consult directly with the Council.
Sec. 1208.43 Other contracts and agreements.
The Council may enter into contracts or agreements for
administrative services, including contracts of employment, as may be
required to conduct its business in accordance with such fiscal period
budgets as may have been approved by the Secretary. To the extent
appropriate to the contract involved, contracts entered into by the
Council under the authority of this section shall contain provisions
comparable to those described in Sec. 1208.42(c).
Assessments
Sec. 1208.50 Assessments.
(a) Each qualified handler, as defined in Sec. 1208.16, shall pay
to the Council an assessment in an amount determined in accordance with
this subpart, on each sale of cut flowers and greens to a retailer or
an exempt handler (as defined in Sec. 1208.8) and on each non-sale
transfer of cut flowers and greens to a retailer by a qualified handler
that is a distribution center; as well as each direct sale of cut
flowers and greens to a consumer by a producer that is a qualified
handler, or by an importer that is a qualified handler. Such
assessments shall be remitted by each qualified handler to the Council
or its agent within 60 days after the end of the month in which the
sale or non-sale transfer subject to assessment under this subpart took
place. Such assessments shall be paid at the following rates:
(1) During the first three years after December 29, 1994.
(i) Except as provided in paragraph (a)(1)(ii) of this section, the
rate shall be one-half of 1 (0.5) percent of the gross sales price of
the cut flowers and greens sold;
(ii) In the case of non-sale transfers to a retailer by a qualified
handler that is a distribution center and in the case of direct sales
by importers or producers, the rate shall be one-half of 1 (0.5)
percent of the amount of each transaction's valuation for assessment as
provided in paragraph (b);
(2) After the first three years from December 29, 1994, the uniform
assessment rate may be increased or decreased annually by not more than
one-quarter of 1 (0.25) percent of the gross sales price of a product
sold; or in the case of other transactions the amount of such
transactions, except that the assessment rate may not exceed 1 percent
of the gross sales price or the transaction amount. Changes in the rate
of assessment may only be made if such changes are adopted by a two-
thirds majority vote of the Council and approved by the Secretary
(after public notice and opportunity for comment as provided in the
Act) as being necessary to carry out the objectives of the Act. Any
such change so approved by the Secretary may be put into effect without
a referendum but shall be announced not less than 30 days prior to the
beginning of a fiscal year.
(b) Each non-sale transfer of cut flowers and greens to a retailer
from a qualified handler that is a distribution center shall be treated
as a sale of cut flowers and greens to a retailer and shall be
assessable. Each direct sale of cut flowers and greens to a consumer by
a producer who is a qualified handler or an importer who is a qualified
handler shall be assessable. These transactions shall be determined to
have the following valuations for assessment purposes:
(1) In the case of a non-sale transfer of cut flowers and greens
from a distribution center that is a qualified handler and each direct
sale of cut flowers and greens to a consumer by an importer that is a
qualified handler, the amount of the valuation of the cut flowers and
greens for assessment purposes shall be the price paid by the
distribution center or importer to acquire the cut flowers and greens,
and determined by multiplying the acquisition price by a uniform factor
of 1.43 to represent the markup of a wholesale handler on a sale to a
retailer. (2) In the case of a direct sale to a consumer by a producer
who is a qualified handler, the valuation of the cut flowers and greens
for assessment purposes shall be equal to an amount determined by
multiplying the price paid by the consumer by a uniform factor of 0.50
to represent the cost of producing the article and the markup of a
wholesale handler on a sale to a retailer.
(3) The Council may consider and adopt changes in the uniform
factors specified in paragraphs (b) (1) and (2) of this section. Any
such change shall not become effective until it has been adopted by a
majority vote of the Council and approved by the Secretary after public
notice and opportunity to comment on such change as provided in the
Act. Changes so adopted and approved shall become effective at the
beginning of the next fiscal year.
(c) The collection of assessments shall commence on or after a date
established by the Secretary, and shall continue until terminated by
the Secretary. If the Council is not constituted on the date the first
assessments are to be remitted, the Secretary shall have the authority
to receive assessments on behalf of the Council and may hold such
assessments in an interest bearing account until the Council is
constituted, and the funds may be transferred to the Council.
(d) Assessments shall be determined on the basis of the gross sales
price. The Council, with the approval of the Secretary, may make
uniform adjustments in determining the gross sales price when such
adjustments reflect changes in trade practices or ensure equitable
treatment of all qualified handlers paying assessments.
(e) No assessments may be levied on any sale of cut flowers and
greens for export from the United States. The Council is authorized to
establish procedures for the verification of exports.
(f) In general, assessment funds (less refunds, if any) shall be
used:
(1) For payment of costs incurred in implementing and administering
this subpart;
(2) To provide for a reasonable reserve to be maintained from
assessments to be available for contingencies; and
(3) To cover the administrative costs incurred by the Secretary in
implementing and administering this Act.
Sec. 1208.51 Influencing governmental action.
No funds collected by the Council shall in any manner be used for
the purpose of influencing legislation or government action or policy,
except to develop and recommend to the Secretary amendments to this
subpart.
Sec. 1208.52 Charges for late payments.
Any assessment due the Council pursuant to Sec. 1208.50 that is not
paid on time shall be increased 1.5 percent each month it remains
unpaid beginning with the day following the date such assessment was
due. If not paid in full, any remaining amount due, which shall include
any unpaid charges previously made pursuant to this section, shall be
increased at the same rate on the corresponding day of each month
thereafter until paid. For the purpose of this section, any assessment
that was determined at a date later than prescribed by this subpart
because of a failure to submit a report when due shall be considered to
have been payable by the date it would have been due if the report had
been filed when due. The timeliness of a payment to the Council shall
be based on the applicable postmark date or the date actually received
by the Council, whichever is earlier.
Sec. 1208.53 Adjustment of accounts.
Whenever the Council or the Secretary determines through an audit
of a person's reports, records, books, or accounts or through some
other means that additional money is due the Council or that money is
due such person from the Council, such person shall be notified of the
amount due. The person shall then remit any amount due the Council by
the next date for remitting assessments. Overpayments shall be credited
to the account of the person remitting the overpayment and shall be
applied against amounts due in succeeding months.
Sec. 1208.54 Refunds of assessments and escrow account.
(a) Any qualified handler may demand and receive from the escrow
account, subject to the limitation on such payments provided in
paragraph (c), a one-time refund of any assessments paid by or on
behalf of the handler if the handler requests the refund before the
initial referendum on this subpart is held and this subpart is rejected
by the voters when it is submitted to the referendum. Such a refund
will be paid only if all of the following conditions are met:
(1) The handler has paid the assessments sought to be refunded and
has submitted proof of such payment;
(2) The handler does not support the program established under this
subpart and so states in the handler's demand for a refund;
(3) The handler's demand for a refund is made on a form specified
by the Council and filed not less than 10 days prior to the date when
the initial referendum, conducted pursuant to Sec. 1208.60(a) to
ascertain whether this subpart shall remain in effect, is scheduled to
begin; and
(4) This subpart is not approved by a simple majority of the votes
cast by qualified handlers in the initial referendum.
(b) The Council shall establish an escrow account to be used for
assessment refunds, as needed, and shall place into the account an
amount equal to 10 percent of the total amount of assessments collected
during the period beginning on December 29, 1994 and ending on the date
the results of the initial referendum are issued and the initial
referendum is completed.
(c) If the amount in the escrow account is not sufficient to refund
the total amount of assessments demanded by all qualified handlers
determined eligible for refunds and this subpart is not approved in the
referendum, the Council shall prorate the amount of all such refunds
among all eligible qualified handlers that demand the refund. If there
is any amount in excess of the amount needed to pay refunds and
expenses, it shall be returned pro rata to those who paid assessments.
If this subpart is approved in the referendum, there shall be no
refunds made, and all funds in the escrow account shall be returned to
the Council for use by the Council in accordance with the other
provisions of this subpart.
Sec. 1208.55 Postponement of collections.
(a) The Council may grant a postponement of the payment of an
assessment under this subpart for any qualified handler that
establishes that it is financially unable to make the payment. In order
that a qualified handler that is financially unable to pay an
assessment may have the opportunity to petition the Council to postpone
payment of such an assessment, as provided in the Act, the Council
shall develop forms and procedures for this purpose as expeditiously as
possible and submit them to the Secretary for approval and issuance
after notice and an opportunity for public comment thereon. Such
procedures shall, among other things, require that the handler
demonstrate the handler's inability to pay through the submission of an
opinion prepared by an independent certified public accountant (at the
handler's expense) and any other documentation specified therein to the
effect that the handler is insolvent or will be unable to continue to
operate if the handler is required to pay the assessment when due.
(b) The procedures for obtaining a postponement of payment to be
developed by the Council for submission to the Secretary shall also
include provisions with respect to the period of postponement, the
conditions of payment that may be imposed and the basis, if any, on
which further extensions of the time for payment will be granted so as
to appropriately reflect the demonstrated needs of the qualified
handler.
Sec. 1208.56 Determinations.
(a) The Council is authorized to make the determinations required
by this subpart as to the status of persons as qualified handlers and
exempt handlers including determinations of the status of persons as
qualified wholesale handlers, distribution centers that are qualified
handlers, producers that are qualified handlers, importers that are
qualified handlers, as well as such other determinations of status and
facts as may be required for the effective administration of this
subpart. Based on such determinations, the Council from time to time
shall publish lists of exempt handlers who are not required to pay
assessments, and lists of qualified handlers who are required to pay
assessments under this subpart.
(b) 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 or to a specific
facility in order to determine the status of the facility as an
eligible separate facility for the purpose of referenda, the Council is
authorized to determine the annual sales volume of a person or
facility.
(c) Any such determination shall be based on the sales of cut
flowers and greens by the person or facility during the most recently-
completed calendar year, except that 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
Council, the determination may be made using an alternative time period
or other alternative procedures as the Council may find appropriate. In
making such determinations, the Council is authorized to make
attributions in accordance with paragraphs (c) (1) through (4) of this
section and 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:
(1) In the case of an individual, sales attributable to the spouse,
children, grandchildren, parents, and grandparents of the person;
(2) In the case of a partnership or member of a partnership, sales
attributable to the partnership and other partners of the partnership;
(3) 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
(4) 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.
(d) The Council is also authorized to attribute any stock ownership
interest as may be required to carry out this subpart. In doing so a
stock ownership interest in the 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.
(e) For the purpose of this subpart, the Council, with the approval
of the Secretary, may require a person who sells cut flowers and greens
to retailers to submit reports to the Council on annual sales by the
person and on stock ownership.
Suspension or Termination
Sec. 1208.60 Suspension and termination.
If the Secretary finds that this subpart, or any provision of this
subpart, obstructs or does not tend to effectuate the policy of the
Act, the Secretary shall terminate or suspend the operation of this
subpart or the provision of this subpart under such terms as the
Secretary determines are appropriate. Such termination or suspension
shall not be considered an order within the meaning of such term in the
Act.
Sec. 1208.61 Proceedings after termination.
(a) Upon the termination of this subpart, the Council shall
recommend not more than five of its members to the Secretary to serve
as trustees for the purpose of liquidating the assets of the Council.
Such persons, upon designation by the Secretary, shall become trustees
of all the funds and property owned, in the possession of, or under the
control of the Council, including any claims unpaid or property not
delivered, or any other claim existing at the time of such termination.
(b) The trustees shall:
(1) Continue in such capacity until discharged by the Secretary;
(2) Carry out the obligations of the Council under any contract or
agreement entered into by it under this subpart;
(3) Make refunds from the escrow account to those persons who
applied for refunds of assessments paid and who are eligible to receive
such refunds. Such refunds shall be made within 30 days after the
referendum results are issued.
(4) From time to time account for all receipts and disbursements,
and deliver all property on hand, together with all books and records
of the Council and of the trustees, to such persons as the Secretary
may direct; and
(5) Upon the request of the Secretary, execute such assignments or
other instruments necessary or appropriate to vest in such persons full
title and right to all of the funds, property, and claims vested in the
Council or the trustees under this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered under this subpart shall be subject to the
same obligations imposed upon the Council and upon the trustees.
(d) Any residual funds not required to defray the necessary
expenses of liquidation shall be turned over to the Secretary to be
used, to the extent practicable, in the interest of continuing one or
more of the promotion, research, consumer information, or industry
information programs, plans, or projects authorized under this subpart.
Sec. 1208.62 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the
termination of this subpart or of any regulation or rule issued under
this subpart, or the issuance of any amendment to such provisions,
shall not:
(a) Affect or waive any right, duty, obligation, or liability that
shall have arisen or may hereafter arise in connection with any
provision of this subpart or any such regulation or rule;
(b) Release or extinguish any violation of this subpart or any such
regulation or rule; or
(c) Affect or impair any rights or remedies of the United States,
the Secretary, or any person with respect to any such violation.
Reports, Books, and Records
Sec. 1208.70 Books, records, reports, cost control, and audits of the
Council.
(a) The Council shall maintain the books and records that the
Secretary may require to account for the receipt and disbursement of
all funds entrusted to the Council in accordance with the provisions of
this subpart, and shall prepare and submit to the Secretary, from time
to time as prescribed by the Secretary, all reports that the Secretary
may require.
(b) The Council shall, as soon as practicable after December 29,
1994 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
Council include only amounts for administrative expenses that cover the
minimum administrative activities and personnel needed to properly
administer and enforce this subpart, and conduct, supervise, and
evaluate plans and projects under this subpart.
(c) The Council shall cause the books and records of the Council to
be audited by an independent certified public accountant at the end of
each fiscal year. All audits must be performed in accordance with
either standards issued by the American Institute of Certified Public
Accountants or by the General Accounting Office. A report of each audit
shall be submitted to the Secretary.
Sec. 1208.71 Reports, books, and records of persons subject to this
subpart.
(a) Each qualified handler shall prepare and file reports
containing such information as may be required by the Council with the
approval of the Secretary. Such information shall include:
(1) Data showing the volume of sales and non-sale transfers of cut
flowers and greens made during the reporting period;
(2) The amount of the assessment on such sales or non-sale
transfers; and
(3) Any other data that may be required by the Council with the
approval of the Secretary.
(b) Each person subject to this subpart shall maintain and make
available for inspection by agents of the Council and the Secretary
such books and records as are determined by the Council with the
approval of the Secretary, as necessary to carry out the provisions of
this subpart and the regulations issued hereunder, including such
records as are necessary to verify any reports required. Such records
shall be retained for at least two years beyond the fiscal period of
their applicability.
Sec. 1208.72 Confidential treatment.
(a) Information obtained from books, records, or reports required
to be maintained or filed under the Act and this subpart shall be kept
confidential by all persons, including agents and former agents of the
Council, all officers and employees and all former officers and
employees of the Department, and by all officers and employees and all
former officers and employees of contracting agencies having access to
such information, and shall not be available to Council members. Only
those persons having a specific need for such information to
effectively administer the provisions of this subpart shall have access
to such information. In addition, only such information so furnished or
acquired as the Secretary deems relevant shall be disclosed by them,
and then only in a suit or administrative hearing brought at the
discretion, or upon the request, of the Secretary, or to which the
Secretary or any officer of the United States is a party, and involving
this subpart. Nothing in this paragraph shall be deemed to prohibit:
(1) The issuance of general statements, based upon the reports, of
the number of persons subject to this subpart or statistical data
collected from such reports, which statements do not identify the
information furnished by any such persons, and
(2) The publication, by direction of the Secretary, of the name of
any individual, group of individuals, partnership, corporation,
association, cooperative, or other entity that has been adjudged to
have violated this subpart, together with a statement of the particular
provisions of the subpart so violated.
(b) No information on how a person voted in a referendum conducted
under the Act shall be made public.
Miscellaneous
Sec. 1208.80 Right of the Secretary.
All fiscal matters, programs or projects, by-laws, rules or
regulations, reports, or other substantive actions proposed and
prepared by the Council shall be submitted to the Secretary for
approval.
Sec. 1208.81 Personal Liability.
No member or employee of the Council shall be held personally
responsible, either individually or jointly, in any way whatsoever, to
any person for errors in judgement, mistakes, or other acts of either
commission or omission of such member or employee under this subpart,
except for acts of dishonesty or willful misconduct.
Sec. 1208.82 Patents, copyrights, inventions, publications, and
product formulations.
Any patents, copyrights, inventions, publications, or product
formulations developed through the use of funds received by the Council
under this subpart shall be the property of the United States
Government as represented by the Council and shall, along with any
rents, royalties, residual payments, or other income from the rental,
sale, leasing, franchising, or other uses of such patents, copyrights,
inventions, publications, or product formulations, inure to the benefit
of the Council. Upon termination of this subpart, Sec. 1208.61 shall
apply to determine disposition of all such property.
Sec. 1208.83 Amendments.
Amendments to this subpart may be proposed, from time to time, by
the Council or by any interested person affected by the provisions of
the Act, including the Secretary.
Sec. 1208.84 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person or circumstances is held invalid,
the validity of the remainder of this subpart or the applicability
thereof to other persons or circumstances shall not be affected
thereby.
Sec. 1208.85 OMB control numbers.
The control number assigned to the information collection
requirements by the Office of Management and Budget pursuant to the
Paperwork Reduction Act of 1980, Public Law 96-511, is OMB number 0581-
0096, except Council member nominee information sheets are assigned OMB
number 0505-0001.
Dated: December 23, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 94-32066 Filed 12-28-94; 8:45 am]
BILLING CODE 3410-02-P
