{"identifier":"/us/usc/t7/s6002","title":7,"num":"\u00a7\u202f6002.","heading":"Definitions","text":"\u00a7\u202f6002.\nDefinitions\nAs used in this chapter\u2014\n(1)\nBoard\nThe term \u201cBoard\u201d means the Pecan Marketing Board established in\nsection 6005(b) of this title\n(2)\nCommerce\nThe term \u201ccommerce\u201d means interstate, foreign, or intrastate commerce.\n(3)\nConflict of interest\nThe term \u201cconflict of interest\u201d means a situation in which a member has a direct or indirect financial interest in a corporation, partnership, sole proprietorship, joint venture, or other business entity dealing directly or indirectly with the Board.\n(4)\nConsumer information\nThe term \u201cconsumer information\u201d means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of pecans.\n(5)\nDepartment\nThe term \u201cDepartment\u201d means the Department of Agriculture.\n(6)\nDistrict\nThe term \u201cdistrict\u201d means a geographical area of the United States, as determined by the Board and approved by the Secretary, in which there is produced approximately one-fourth of the volume of pecans produced in the United States.\n(7)\nFirst handler\nThe term \u201cfirst handler\u201d means the first person who buys or takes possession of pecans from a grower for marketing. If a grower markets pecans directly to consumers, such grower shall be considered the first handler with respect to pecans grown by such grower.\n(8)\nGrower\nThe term \u201cgrower\u201d means any person engaged in the production and sale of pecans in the United States who owns, or who shares the ownership and risk of loss of, such pecans.\n(9)\nGrower-sheller\nThe term \u201cgrower-sheller\u201d means a person who\u2014\n(A) shells pecans, or has pecans shelled for such person, in the United States; and\n(B) during the immediately previous year, grew 50 percent or more of the pecans such person shelled or had shelled for such person.\n(10)\nHandle\nThe term \u201chandle\u201d means receipt of in-shell pecans by a sheller or first handler, including pecans produced by such sheller or first handler.\n(11)\nImporter\nThe term \u201cimporter\u201d means any person who imports pecans from outside of the United States for sale in the United States.\n(12)\nIndustry information\nThe term \u201cindustry information\u201d means information and programs that will lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the pecan industry.\n(13)\nIn-shell pecan\nThe term \u201cin-shell pecan\u201d means a pecan that has a shell that has not been removed.\n(14)\nTo market\nThe term \u201cto market\u201d means to sell or offer to dispose of pecans in any channel of commerce.\n(15)\nMember\nThe term \u201cmember\u201d means a member of the Board.\n(16)\nPecan\nThe term \u201cpecan\u201d means the nut of the pecan tree carya illinoensis.\n(17)\nPerson\nThe term \u201cperson\u201d means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.\n(18)\nPlan\nThe term \u201cplan\u201d means a plan issued under\nsection 6003 of this title\n(19)\nPromotion\nThe term \u201cpromotion\u201d means any action taken by the Board, pursuant to this chapter, to present a favorable image of pecans to the public with the express intent of improving the competitive position of pecans in the marketplace and stimulating sales of pecans, including paid advertising.\n(20)\nResearch\nThe term \u201cresearch\u201d means any type of test, study, or analysis designed to advance the image, desirability, usage, marketability, production, product development, or quality of pecans.\n(21)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of Agriculture.\n(22)\nShell\nThe term \u201cshell\u201d means to remove the shell from an in-shell pecan.\n(23)\nShelled pecan\nThe term \u201cshelled pecan\u201d means a pecan kernel, or portion of a kernel, after the pecan shell has been removed.\n(24)\nSheller\nThe term \u201csheller\u201d means any person who\u2014\n(A) shells pecans or has pecans shelled for the account of such person; and\n(B) during the immediately previous year, purchased more than 50 percent of the pecans such person shelled or had shelled for such account.\n(25)\nState\nThe term \u201cState\u201d means any of the several States, the District of Columbia and the Commonwealth of Puerto Rico.\n(26)\nUnited States\nThe term \u201cUnited States\u201d means collectively the several States, the District of Columbia, and the Commonwealth of Puerto Rico.","url":"https://projectusc.org/usc/t7/s6002.html","content":[{"t":"sec","id":"/us/usc/t7/s6002","children":[{"t":"num","text":"\u00a7\u202f6002."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"para","id":"/us/usc/t7/s6002/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Board"},{"t":"content","children":[{"t":"p","text":"The term \u201cBoard\u201d means the Pecan Marketing Board established in ","children":[{"t":"ref","text":"section 6005(b) of this title","href":"/us/usc/t7/s6005/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Commerce"},{"t":"content","children":[{"t":"p","text":"The term \u201ccommerce\u201d means interstate, foreign, or intrastate commerce.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Conflict of interest"},{"t":"content","children":[{"t":"p","text":"The term \u201cconflict of interest\u201d means a situation in which a member has a direct or indirect financial interest in a corporation, partnership, sole proprietorship, joint venture, or other business entity dealing directly or indirectly with the Board.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Consumer information"},{"t":"content","children":[{"t":"p","text":"The term \u201cconsumer information\u201d means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of pecans.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Department"},{"t":"content","children":[{"t":"p","text":"The term \u201cDepartment\u201d means the Department of Agriculture.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"District"},{"t":"content","children":[{"t":"p","text":"The term \u201cdistrict\u201d means a geographical area of the United States, as determined by the Board and approved by the Secretary, in which there is produced approximately one-fourth of the volume of pecans produced in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"First handler"},{"t":"content","children":[{"t":"p","text":"The term \u201cfirst handler\u201d means the first person who buys or takes possession of pecans from a grower for marketing. If a grower markets pecans directly to consumers, such grower shall be considered the first handler with respect to pecans grown by such grower.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Grower"},{"t":"content","children":[{"t":"p","text":"The term \u201cgrower\u201d means any person engaged in the production and sale of pecans in the United States who owns, or who shares the ownership and risk of loss of, such pecans.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Grower-sheller"},{"t":"chapeau","text":"The term \u201cgrower-sheller\u201d means a person who\u2014"},{"t":"subpara","id":"/us/usc/t7/s6002/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" shells pecans, or has pecans shelled for such person, in the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s6002/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" during the immediately previous year, grew 50 percent or more of the pecans such person shelled or had shelled for such person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Handle"},{"t":"content","children":[{"t":"p","text":"The term \u201chandle\u201d means receipt of in-shell pecans by a sheller or first handler, including pecans produced by such sheller or first handler.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Importer"},{"t":"content","children":[{"t":"p","text":"The term \u201cimporter\u201d means any person who imports pecans from outside of the United States for sale in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Industry information"},{"t":"content","children":[{"t":"p","text":"The term \u201cindustry information\u201d means information and programs that will lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the pecan industry.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"In-shell pecan"},{"t":"content","children":[{"t":"p","text":"The term \u201cin-shell pecan\u201d means a pecan that has a shell that has not been removed.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"To market"},{"t":"content","children":[{"t":"p","text":"The term \u201cto market\u201d means to sell or offer to dispose of pecans in any channel of commerce.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Member"},{"t":"content","children":[{"t":"p","text":"The term \u201cmember\u201d means a member of the Board.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Pecan"},{"t":"content","children":[{"t":"p","text":"The term \u201cpecan\u201d means the nut of the pecan tree carya illinoensis.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/18","children":[{"t":"num","text":"(18)"},{"t":"heading","text":"Plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cplan\u201d means a plan issued under ","children":[{"t":"ref","text":"section 6003 of this title","href":"/us/usc/t7/s6003","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/19","children":[{"t":"num","text":"(19)"},{"t":"heading","text":"Promotion"},{"t":"content","children":[{"t":"p","text":"The term \u201cpromotion\u201d means any action taken by the Board, pursuant to this chapter, to present a favorable image of pecans to the public with the express intent of improving the competitive position of pecans in the marketplace and stimulating sales of pecans, including paid advertising.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/20","children":[{"t":"num","text":"(20)"},{"t":"heading","text":"Research"},{"t":"content","children":[{"t":"p","text":"The term \u201cresearch\u201d means any type of test, study, or analysis designed to advance the image, desirability, usage, marketability, production, product development, or quality of pecans.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/21","children":[{"t":"num","text":"(21)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of Agriculture.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/22","children":[{"t":"num","text":"(22)"},{"t":"heading","text":"Shell"},{"t":"content","children":[{"t":"p","text":"The term \u201cshell\u201d means to remove the shell from an in-shell pecan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/23","children":[{"t":"num","text":"(23)"},{"t":"heading","text":"Shelled pecan"},{"t":"content","children":[{"t":"p","text":"The term \u201cshelled pecan\u201d means a pecan kernel, or portion of a kernel, after the pecan shell has been removed.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/24","children":[{"t":"num","text":"(24)"},{"t":"heading","text":"Sheller"},{"t":"chapeau","text":"The term \u201csheller\u201d means any person who\u2014"},{"t":"subpara","id":"/us/usc/t7/s6002/24/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" shells pecans or has pecans shelled for the account of such person; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s6002/24/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" during the immediately previous year, purchased more than 50 percent of the pecans such person shelled or had shelled for such account.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/25","children":[{"t":"num","text":"(25)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d means any of the several States, the District of Columbia and the Commonwealth of Puerto Rico.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s6002/26","children":[{"t":"num","text":"(26)"},{"t":"heading","text":"United States"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d means collectively the several States, the District of Columbia, and the Commonwealth of Puerto Rico.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}