7 U.S.C. § 7412 (AGRICULTURE)
§ 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) products, as a class, that are—
(i) produced on a certified organic farm (as defined in section 6502 of this title); and
(ii) certified to be sold or labeled as “organic” or “100 percent organic” (as defined in part 205 of title 7, Code of Federal Regulations (or a successor regulation));
(F) other commodities raised or produced on farms, as determined appropriate by the Secretary; and
(G) 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, § 513, Apr. 4, 1996, 110 Stat. 1033; Pub. L. 113–79, title X, § 10004(f), Feb. 7, 2014, 128 Stat. 944.)
heading: Editorial Notes
heading: Amendments
text: 2014—Par. (1)(E) to (G). Pub. L. 113–79 added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.