---
kind: "section"
citation: "7 U.S.C. § 6805"
title: "7"
title_heading: "Agriculture"
number: "6805"
heading: "Exclusion; determinations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6805"
units:
  - "Chapter 97 — Fresh Cut Flowers and Fresh Cut Greens Promotion and Information"
---

# §6805. Exclusion; determinations

- (a) **Exclusion—** An [order](/usc/7/6802.md?p=5) shall exclude from assessments under the [order](/usc/7/6802.md?p=5) any sale of [cut flowers](/usc/7/6802.md?p=2-A-i) or [cut greens](/usc/7/6802.md?p=2-A-ii) for export from the [United States](/usc/7/6802.md?p=13).
- (b) **Making determinations—**
  - (1) **In general—** For the purpose of applying the $750,000 annual sales limitation to a specific [person](/usc/7/6802.md?p=6) in [order](/usc/7/6802.md?p=5) to determine the status of the [person](/usc/7/6802.md?p=6) as a [qualified handler](/usc/7/6802.md?p=4-A-i) or an [exempt handler](/usc/7/6802.md?p=4-B) under [section 6802(4) of this title](/usc/7/6802.md?p=4), or to a specific facility in [order](/usc/7/6802.md?p=5) to determine the status of the facility as an eligible separate facility under [section 6806(b)(2) of this title](/usc/7/6806.md?p=b-2), an [order](/usc/7/6802.md?p=5) issued under this chapter shall provide that—
    - (A) a determination of the annual sales volume of a [person](/usc/7/6802.md?p=6) or facility shall be based on the sales of [cut flowers](/usc/7/6802.md?p=2-A-i) and [cut greens](/usc/7/6802.md?p=2-A-ii) by the [person](/usc/7/6802.md?p=6) or facility during the most recently-completed calendar year, except as provided in [subparagraph (B)](#b-1-B); and
    - (B) in the case of a new business or other operation for which complete data on sales during all or part of the most recently-completed calendar year are not available to the [PromoFlor Council](/usc/7/6802.md?p=7), the determination may be made using an alternative time period or other alternative procedure specified in the [order](/usc/7/6802.md?p=5).
  - (2) **Rule of attribution—**
    - (A) **In general—** For the purpose of determining the annual sales volume of a [person](/usc/7/6802.md?p=6) or a separate facility of a [person](/usc/7/6802.md?p=6), sales attributable to a [person](/usc/7/6802.md?p=6) shall include—
      - (i) in the case of an individual, sales attributable to the spouse, children, grandchildren, parents, and grandparents of the [person](/usc/7/6802.md?p=6);
      - (ii) in the case of a partnership or member of a partnership, sales attributable to the partnership and other partners of the partnership;
      - (iii) in the case of an individual or a partnership, sales attributable to any corporation or other entity in which the individual or partnership owns more than 50 percent of the stock or (if the entity is not a corporation) that the individual or partnership controls; and
      - (iv) in the case of a corporation, sales attributable to any corporate subsidiary or other corporation or entity in which the corporation owns more than 50 percent of the stock or (if the entity is not a corporation) that the corporation controls.
    - (B) **Stock and ownership interest—** For the purpose of this paragraph, stock or an ownership interest in an entity that is owned by the spouse, children, grandchildren, parents, grandparents, or partners of an individual, or by a partnership in which a [person](/usc/7/6802.md?p=6) is a partner, or by a corporation more than 50 percent of the stock of which is owned by a [person](/usc/7/6802.md?p=6), shall be treated as owned by the individual or [person](/usc/7/6802.md?p=6).
  - (3) **Reports—** For the purpose of this subsection, the [order](/usc/7/6802.md?p=5) may require a [person](/usc/7/6802.md?p=6) who sells [cut flowers](/usc/7/6802.md?p=2-A-i) or [cut greens](/usc/7/6802.md?p=2-A-ii) to [retailers](/usc/7/6802.md?p=10-A) to submit reports to the [PromoFlor Council](/usc/7/6802.md?p=7) on annual sales by the [person](/usc/7/6802.md?p=6).

## Source credit

(Pub. L. 103–190, § 6, Dec. 14, 1993, 107 Stat. 2283.)