Page:United States Statutes at Large Volume 107 Part 3.djvu/331

 PUBLIC LAW 103-190—DEC. 14, 1993 107 STAT. 2269 (I) that sells domestic or imported cut flowers or cut greens to retailers and exempt handlers; and (II) whose annual sales of cut flowers and cut greens to ret£dlers and exempt handlers are $750,000 or more. (ii) INCLUSIONS AND EXCLUSIONS.— (I) IN GENERAL.— The term "qualified handler" includes— (aa) bouquet manufacturers (subject to paragraph (2)(B)); (bb) an auction house that clears the sale of cut flowers and cut greens to retailers and exempt handlers through a central clearinghouse; and (cc) a distribution center that is owned or controlled by a retailer if the predominant retail business activity of the retailer is floral sales. (II) TRANSFERS.— For the purpose of determining sales of cut flowers and cut greens to a retailer from a distribution center described in subclause (I)(cc), each non-sale transfer to a retailer shall be treated as a sale in an amount calculated as provided in subparagraph (C). (III) TRANSPORTATION OR DELIVERY.—The term "qualified handler" does not include a person who only physically transports or delivers cut flowers or cut gfreens. (iii) CONSTRUCTION.— (I) IN GENERAL.—The term "qualified handler" includes an importer or producer that sells cut flowers or cut greens that the importer or producer has imported into the United States or produced, respectively, directly to consumers and whose sales of the cut flowers and cut greens (as calculated under subparagraph (C)), together with sales of cut flowers and cut greens to retailers or exempt handlers, annually are $750,000 or more. (II) SALES.— Each direct sale to a consumer by a qualified handler described in subclause (I) shall be treated as a sale to a retailer or exempt handler in an amount calculated as provided in subparagraph (C). (III) DEFINITIONS.—As used in this paragraph: (aa) IMPORTER.— The term "importer" has the meaning provided in section 5(b)(2)(B)(i)(I). (bb) PRODUCER.—The term "producer" has the meaning provided in section 5(b)(2)(B)(ii)(I). (B) EXEMPT HANDLER.—The term "exempt handler" means a person who would otherwise be considered to be a qualified handler, except that the annual sales by the person of cut flowers and cut ^eens to retailers and other exempt handlers are less than $750,000. (C) ANNUAL SALES DETERMINED.—

�