---
kind: "section"
citation: "7 U.S.C. § 6802"
title: "7"
title_heading: "Agriculture"
number: "6802"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6802"
units:
  - "Chapter 97 — Fresh Cut Flowers and Fresh Cut Greens Promotion and Information"
---

# §6802. Definitions


As used in this chapter:

- (1) **Consumer information—** The term “consumer information” means any action or program that provides information to consumers and other [persons](#6) on appropriate uses under varied circumstances, and on the care and handling, of [cut flowers](#2-A-i) or [cut greens](#2-A-ii).
- (2) **Cut flowers and cut greens—**
  - (A) **In general—**
    - (i) **Cut flowers—** The term “cut flowers” includes all flowers cut from growing plants that are used as fresh-cut flowers and that are produced under cover or in field operations.
    - (ii) **Cut greens—** The term “cut greens” includes 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.
    - (iii) **Exclusions—** The terms “[cut flowers](#2-A-i)” and “[cut greens](#2-A-ii)” do not include a foliage plant, floral supply, or flowering plant.
  - (B) **Substantial portion—** In any case in which a handler packages [cut flowers](#2-A-i) or [cut greens](#2-A-ii) with hard goods in an article (such as a gift basket or similar presentation) for sale to a [retailer](#10-A), the [PromoFlor Council](#7) may determine, under procedures specified in the [order](#5), that the [cut flowers](#2-A-i) or [cut greens](#2-A-ii) in the article do not constitute a substantial portion of the value of the article and that, based on the determination, the article shall not be treated as an article of [cut flowers](#2-A-i) or [cut greens](#2-A-ii) subject to assessment under the [order](#5).
- (3) **Gross sales price—** The term “gross sales price” means the total amount of the transaction in a sale of [cut flowers](#2-A-i) or [cut greens](#2-A-ii) from a handler to a [retailer](#10-A) or [exempt handler](#4-B).
- (4) **Handler—**
  - (A) **Qualified handler—**
    - (i) **In general—** The term “qualified handler” means a [person](#6) (including a cooperative) operating in the [cut flowers](#2-A-i) or [cut greens](#2-A-ii) marketing system—
      - (I) that sells domestic or imported [cut flowers](#2-A-i) or [cut greens](#2-A-ii) to [retailers](#10-A) and [exempt handlers](#4-B); and
      - (II) whose annual sales of [cut flowers](#2-A-i) and [cut greens](#2-A-ii) to [retailers](#10-A) and [exempt handlers](#4-B) are $750,000 or more.
    - (ii) **Inclusions and exclusions—**
      - (I) **In general—** The term “[qualified handler](#4-A-i)” includes—
        - (aa) bouquet manufacturers (subject to [paragraph (2)(B)](#2-B));
        - (bb) an auction house that clears the sale of [cut flowers](#2-A-i) and [cut greens](#2-A-ii) to [retailers](#10-A) and [exempt handlers](#4-B) through a central clearinghouse; and
        - (cc) a distribution center that is owned or controlled by a [retailer](#10-A) if the predominant retail business activity of the [retailer](#10-A) is floral sales.
      - (II) **Transfers—** For the purpose of determining sales of [cut flowers](#2-A-i) and [cut greens](#2-A-ii) to a [retailer](#10-A) from a distribution center described in [subclause (I)(cc)](#4-A-ii-I-cc), each non-sale transfer to a [retailer](#10-A) shall be treated as a sale in an amount calculated as provided in [subparagraph (C)](#4-C).
      - (III) **Transportation or delivery—** The term “[qualified handler](#4-A-i)” does not include a [person](#6) who only physically transports or delivers [cut flowers](#2-A-i) or [cut greens](#2-A-ii).
    - (iii) **Construction—**
      - (I) **In general—** The term “[qualified handler](#4-A-i)” includes an [importer](#4-A-iii-III-aa) or [producer](#4-A-iii-III-bb) that sells [cut flowers](#2-A-i) or [cut greens](#2-A-ii) that the [importer](#4-A-iii-III-aa) or [producer](#4-A-iii-III-bb) has imported into the [United States](#13) or produced, respectively, directly to consumers and whose sales of the [cut flowers](#2-A-i) and [cut greens](#2-A-ii) (as calculated under [subparagraph (C)](#4-C)), together with sales of [cut flowers](#2-A-i) and [cut greens](#2-A-ii) to [retailers](#10-A) or [exempt handlers](#4-B), annually are $750,000 or more.
      - (II) **Sales—** Each direct sale to a consumer by a [qualified handler](#4-A-i) described in [subclause (I)](#4-A-iii-I) shall be treated as a sale to a [retailer](#10-A) or [exempt handler](#4-B) in an amount calculated as provided in [subparagraph (C)](#4-C).
      - (III) **Definitions—** As used in this paragraph:
        - (aa) **Importer—** The term “importer” has the meaning provided in [section 6804(b)(2)(B)(i)(I) of this title](/usc/7/6804.md?p=b-2-B-i-I).
        - (bb) **Producer—** The term “producer” has the meaning provided in [section 6804(b)(2)(B)(ii)(I) of this title](/usc/7/6804.md?p=b-2-B-ii-I).
  - (B) **Exempt handler—** The term “exempt handler” means a [person](#6) who would otherwise be considered to be a [qualified handler](#4-A-i), except that the annual sales by the [person](#6) of [cut flowers](#2-A-i) and [cut greens](#2-A-ii) to [retailers](#10-A) and other exempt handlers are less than $750,000.
  - (C) **Annual sales determined—**
    - (i) **In general—** Except as provided in [clause (ii)](#4-C-ii), for the purpose of determining the amount of annual sales of [cut flowers](#2-A-i) and [cut greens](#2-A-ii) under subparagraphs [(A)](#4-A) and [(B)](#4-B), the amount of a sale shall be determined on the basis of the [gross sales price](#3) of the [cut flowers](#2-A-i) and [cut greens](#2-A-ii) sold.
    - (ii) **Transfers—**
      - (I) **Non-sale transfers and direct sales by importers—** Subject to [subclause (III)](#4-C-ii-III), in the case of a non-sale transfer of [cut flowers](#2-A-i) or [cut greens](#2-A-ii) from a distribution center (as described in [subparagraph (A)(ii)(II)](#4-A-ii-II)), or a direct sale to a consumer by an [importer](#4-A-iii-III-aa) (as described in [subparagraph (A)(iii)](#4-A-iii)), the amount of the sale shall be equal to the sum of—
        - (aa) the price paid by the distribution center or [importer](#4-A-iii-III-aa), respectively, to acquire the [cut flowers](#2-A-i) or [cut greens](#2-A-ii); and
        - (bb) an amount determined by multiplying the acquisition price referred to in [item (aa)](#4-C-ii-I-aa) by a uniform percentage established by an [order](#5) to represent the mark-up of a wholesale handler on a sale to a [retailer](#10-A).
      - (II) **Direct sales by producers—** Subject to [subclause (III)](#4-C-ii-III), in the case of a direct sale to a consumer by a [producer](#4-A-iii-III-bb) (as described in [subparagraph (A)(iii)](#4-A-iii)), the amount of the sale shall be equal to an amount determined by multiplying the price paid by the consumer by a uniform percentage established by an [order](#5) to represent the cost of producing the article and the mark-up of a wholesale handler on a sale to a [retailer](#10-A).
      - (III) **Changes in uniform percentages—** Any change in a uniform percentage referred to in subclause [(I)](#4-C-ii-I) or [(II)](#4-C-ii-II) may become effective after—
        - (aa) recommendation by the [PromoFlor Council](#7); and
        - (bb) approval by the [Secretary](#11) after public notice and opportunity for comment in accordance with [section 553 of title 5](/usc/5/553.md) and without regard to sections [556](/usc/5/556.md) and [557](/usc/5/557.md) of such title.
- (5) **Order—** The term “order” means an order issued under this chapter (other than sections [6808](/usc/7/6808.md), [6809](/usc/7/6809.md), and [6811](/usc/7/6811.md) of this title).
- (6) **Person—** The term “person” means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, society, cooperative, or other legal entity.
- (7) **PromoFlor Council—** The term “PromoFlor Council” means the Fresh [Cut Flowers](#2-A-i) and Fresh [Cut Greens](#2-A-ii) [Promotion](#8) Council established under [section 6804(b) of this title](/usc/7/6804.md?p=b).
- (8) **Promotion—** The term “promotion” means any action determined by the [Secretary](#11) to advance the image, desirability, or marketability of [cut flowers](#2-A-i) or [cut greens](#2-A-ii), including paid advertising.
- (9) **Research—** The term “research” means [market](/usc/7/198.md?p=1) research and studies limited to the support of advertising, [market](/usc/7/198.md?p=1) development, and other [promotion](#8) efforts and [consumer information](#1) efforts relating to [cut flowers](#2-A-i) or [cut greens](#2-A-ii), including educational activities.
- (10) **Retailer—**
  - (A) **In general—** The term “retailer” means a [person](#6) (such as a retail florist, supermarket, mass [market](/usc/7/198.md?p=1) retail outlet, or other end-use seller), as described in an [order](#5), that sells [cut flowers](#2-A-i) or [cut greens](#2-A-ii) to consumers, and a distribution center described in [subparagraph (B)(i)](#10-B-i).
  - (B) **Distribution centers—**
    - (i) **In general—** The term “[retailer](#10-A)” includes a distribution center that is—
      - (I) owned or controlled by a [person](#6) described in [subparagraph (A)](#10-A), or owned or controlled cooperatively by a group of the [persons](#6), if the predominant retail business activity of the [person](#6) is not floral sales; or
      - (II) independently owned but operated primarily to provide food products to retail stores.
    - (ii) **Importers and producers—** An independently owned distribution center described in [clause (i)(II)](#10-B-i-II) that also is an [importer](#4-A-iii-III-aa) or [producer](#4-A-iii-III-bb) of [cut flowers](#2-A-i) or [cut greens](#2-A-ii) shall be subject to the rules of construction specified in [paragraph (4)(A)(iii)](#4-A-iii) and, for the purpose of the rules of construction, be considered to be the seller of the articles directly to the consumer.
- (11) **Secretary—** The term “Secretary” means the Secretary of Agriculture.
- (12) **State—** The term “State” means each of the several States of the [United States](#13), the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the [United States](#13) 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).
- (13) **United States—** The term “United States” means the [States](#12) collectively.

## Source credit

(Pub. L. 103–190, § 3, Dec. 14, 1993, 107 Stat. 2268.)

## Notes

### Editorial Notes

### References in Text

For ratification of Compact of Free Association with the Republic of Palau, referred to in par. (12), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.