
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.)
