Page:United States Statutes at Large Volume 95.djvu/1376

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 1350

PUBLIC LAW 97-98—DEC. 22, 1981

and plants used in the production of flowers and plants. This term does not include the cost of seeds. FLORAL RESEARCH AND PROMOTION ORDERS

7 USC 4303.

SEC. 1704. To effectuate the declared policy of this title, the Secretary shall, subject to the provisions of this title, issue and, from time to time, may amend orders applicable to persons engaged in production, sale, importation, or handling offlowersand plants. Such orders shall be applicable to all production or marketing areas, or both, in the United States. NOTICE AND HEARING

7 USC 4304.

SEC. 1705. Whenever the Secretary has reason to believe that the issuance of an order will tend to effectuate the declared policy of this title, the Secretary shall give due notice and opportunity for hearing upon a proposed order. Such hearing may be requested and a proposal for an order submitted by an organization certified pursuant to section 1716 of this title, or by any interested person affected by the provisions of this title, including the Secretary. FINDING AND ISSUANCE OF AN ORDER

7 USC 4305.

SEC. 1706. After notice and opportunity for hearing as provided in section 1705 of this title, the Secretary shall issue an order if the Secretary finds, and sets forth in such order, upon the evidence introduced at such hearing, that the issuance of such order and all the terms and conditions thereof will tend to effectuate the declared policy of this title. REQUIRED TERMS IN ORDERS

7 USC 4306. Fioraboard, establishment.

SEC. 1707. Orders issued pursuant to this title shall contain the following terms and conditions and, except as provided in section 1708 of this title, no others: (1) Providing for the establishment and appointment by the Secre^^ry of a board to be named "Fioraboard", which shall consist of not more than seventy-five voting members, and defining its powers and duties, which shall include only the powers to (A) administer such order in accordance with its terms and provisions, (B) make rules and regulations to effectuate the terms and provisions of such order, (C) receive, investigate, and report to the Secretary complaints of violations of such order, and (D) recommend to the Secretary amendments of such order. The term of an appointment to the Fioraboard shall be for three years with no member serving more than two consecutive three-year terms: Provided, That of the initial appointments, onethird shall be for a term of one year and one-third shall be for a term of two years. The Fioraboard shall appoint from its members an executive committee, consisting of not more than fifteen members, whose membership shall, to the maximum extent practicable, reflect the membership composition of the Fioraboard, and whose commodity group representation shall be proportional to that of the Floraboard. Such executive committee shall have the authority to employ a staff and conduct routine business within the policies determined by the Fioraboard. (2) Providing that the Fioraboard shall be composed of producers and importers appointed by the Secretary from nominations submitted by organizations certified pursuant to section 1716 of this title or