(ii)
Certain covered transactions
(I)
In general
The order shall provide that each non-sale transfer of cut flowers or cut greens to a retailer from a qualified handler that is a distribution center (as described in section 6802(4)(A)(ii)(II) of this title), and each direct sale of cut flowers or cut greens to a consumer by a qualified handler that is an importer or a producer (as described in section 6802(4)(A)(iii) of this title), shall be treated as a sale of cut flowers or cut greens to a retailer subject to assessments under this subsection.
(II)
Amount of sale in the case of non-sale transfers and direct sales by importers
Subject to subclause (IV), in the case of a non-sale transfer of cut flowers or cut greens from a distribution center, or a direct sale to a consumer by an importer, the amount of the sale shall be equal to the sum of—
(aa)
the price paid by the distribution center or importer, respectively, to acquire the cut flowers or cut greens; and
(bb)
an amount determined by multiplying the acquisition price referred to in item (aa) by a uniform percentage established by the order to represent the mark-up of a wholesale handler on a sale to a retailer.
(III)
Direct sales by producers
Subject to subclause (IV), in the case of a direct sale to a consumer by a producer, 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 the order to represent the cost of producing the article and the mark-up of a wholesale handler on a sale to a retailer.
(IV)
Changes in uniform percentages
Any change in a uniform percentage referred to in subclause (II) or (III) may become effective after—
(aa)
recommendation by the PromoFlor Council; and
(bb)
approval by the Secretary after public notice and opportunity for comment in accordance with
section 553 of title 5 and without regard to sections 556 and 557 of such title.