§ 7412. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7412]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER II--ISSUANCE OF ORDERS FOR PROMOTION, RESEARCH, AND
INFORMATION ACTIVITIES REGARDING AGRICULTURAL COMMODITIES
Sec. 7412. Definitions
In this subchapter (unless the context otherwise requires):
(1) Agricultural commodity
The term ``agricultural commodity'' means--
(A) agricultural, horticultural, viticultural, and dairy
products;
(B) livestock and the products of livestock;
(C) the products of poultry and bee raising;
(D) the products of forestry;
(E) other commodities raised or produced on farms, as
determined appropriate by the Secretary; and
(F) products processed or manufactured from products
specified in the preceding subparagraphs, as determined
appropriate by the Secretary.
(2) Board
The term ``board'' means a board established under an order
issued under section 7413 of this title.
(3) Conflict of interest
The term ``conflict of interest'' means a situation in which a
member or employee of a board has a direct or indirect financial
interest in a person that performs a service for, or enters into a
contract with, a board for anything of economic value.
(4) Department
The term ``Department'' means the Department of Agriculture.
(5) First handler
The term ``first handler'' means the first person who buys or
takes possession of an agricultural commodity from a producer for
marketing. If a producer markets the agricultural commodity directly
to consumers, the producer shall be considered to be the first
handler with respect to the agricultural commodity produced by the
producer.
(6) Importer
The term ``importer'' means any person who imports an
agricultural commodity from outside the United States for sale in
the United States as a principal or as an agent, broker, or
consignee of any person.
(7) Information
The term ``information'' means information and programs that are
designed to increase--
(A) efficiency in processing; and
(B) the development of new markets, marketing strategies,
increased marketing efficiency, and activities to enhance the
image of agricultural commodities on a national or international
basis.
(8) Market
The term ``market'' means to sell or to otherwise dispose of an
agricultural commodity in interstate, foreign, or intrastate
commerce.
(9) Order
The term ``order'' means an order issued by the Secretary under
section 7413 of this title that provides for a program of generic
promotion, research, and information regarding agricultural
commodities designed to--
(A) strengthen the position of agricultural commodity
industries in the marketplace;
(B) maintain and expand existing domestic and foreign
markets and uses for agricultural commodities;
(C) develop new markets and uses for agricultural
commodities; or
(D) assist producers in meeting their conservation
objectives.
(10) Person
The term ``person'' means any individual, group of individuals,
partnership, corporation, association, cooperative, or any other
legal entity.
(11) Producer
The term ``producer'' means any person who is engaged in the
production and sale of an agricultural commodity in the United
States and who owns, or shares the ownership and risk of loss of,
the agricultural commodity.
(12) Promotion
The term ``promotion'' means any action taken by a board under
an order, including paid advertising, to present a favorable image
of an agricultural commodity to the public to improve the
competitive position of the agricultural commodity in the
marketplace and to stimulate sales of the agricultural commodity.
(13) Research
The term ``research'' means any type of test, study, or analysis
designed to advance the image, desirability, use, marketability,
production, product development, or quality of an agricultural
commodity.
(14) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(15) State
The term ``State'' means any of the States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States.
(16) Suspend
The term ``suspend'' means to issue a rule under section 553 of
title 5 to temporarily prevent the operation of an order during a
particular period of time specified in the rule.
(17) Terminate
The term ``terminate'' means to issue a rule under section 553
of title 5 to cancel permanently the operation of an order beginning
on a date certain specified in the rule.
(18) United States
The term ``United States'' means collectively the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico and the
territories and possessions of the United States.
(Pub. L. 104-127, title V, Sec. 513, Apr. 4, 1996, 110 Stat. 1033.)
