### §6402. Definitions

As used in this chapter:

#### (1) Advertising

The term "advertising" means any advertising or promotion program involving only fluid milk products and directed toward increasing the general demand for fluid milk products.

#### (2) Board

The term "Board" means the National Processor Advertising and Promotion Board established under section 6407(b) of this title.

#### (3) Fluid milk product

The term "fluid milk product" has the meaning given the term in—

(A) section 1000.15 of title 7, Code of Federal Regulations, subject to such amendments as may be made by the Secretary; or

(B) any successor regulation.

#### (4) Fluid milk processor

The term "fluid milk processor" means any person who processes and markets commercially more than 3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer).

#### (5) Department

The term "Department" means the Department of Agriculture.

#### (6) Research

The term "research" means market research to support advertising and promotion efforts, including educational activities, research directed to product characteristics, product development, including new products or improved technology in production, manufacturing or processing of milk and the products of milk.

#### (7) Secretary

The term "Secretary" means the Secretary of Agriculture.

#### (8) United States

The term "United States", except as used in sections 6410 through 6412 of this title, means the 48 contiguous States in the continental United States and the District of Columbia.

(Pub. L. 101–624, title XIX, §1999C, Nov. 28, 1990, 104 Stat. 3915; Pub. L. 103–72, §2(a), Aug. 11, 1993, 107 Stat. 717; Pub. L. 104–127, title I, §146(c), Apr. 4, 1996, 110 Stat. 918; Pub. L. 107–171, title I, §1506(a), (b), May 13, 2002, 116 Stat. 210.)

#### **Editorial Notes**

#### Amendments

2002—Par. (3). Pub. L. 107–171, §1506(a), added par. (3) and struck out heading and text of former par. (3). Text read as follows: "The term 'fluid milk product'—

"(A) means any of the following products in fluid or frozen form: milk, skim milk, lowfat milk, milk drinks, buttermilk, filled milk, and milkshake and ice milk mixes containing less than 20 percent total solids, including any such products that are flavored, cultured, modified with added nonfat milk solids, concentrated (if in a consumer-type package), or reconstituted; and

"(B) does not include evaporated or condensed milk (plain or sweetened), evaporated or condensed skim milk (plain or sweetened), formulas specially prepared for infant feeding or dietary use that are packaged in hermetically sealed glass or all-metal containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey."

Par. (4). Pub. L. 107–171, §1506(b), substituted "3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer)" for "500,000 pounds of fluid milk products in consumer-type packages per month".

1996—Par. (6). Pub. L. 104–127 amended heading and text of par. (6) generally. Text read as follows: "The term 'research'—

"(A) means market research limited to the support of advertising and promotion efforts, including educational activities; and

"(B) does not include research directed to product characteristics such as nutrients; product development including new products; or improved technology in production, manufacturing or processing; or any other efforts not directly applicable to measuring or increasing the effectiveness of advertising activities in expanding sales of fluid milk products."

1993—Par. (4). Pub. L. 103–72 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The term 'fluid milk processor' means any person who processes and markets commercially fluid milk products in consumer-type packages."