{"identifier":"/us/usc/t7/s7412","title":7,"num":"\u00a7\u202f7412.","heading":"Definitions","text":"\u00a7\u202f7412.\nDefinitions\nIn this subchapter (unless the context otherwise requires):\n(1)\nAgricultural commodity\nThe term \u201cagricultural commodity\u201d means\u2014\n(A) agricultural, horticultural, viticultural, and dairy products;\n(B) livestock and the products of livestock;\n(C) the products of poultry and bee raising;\n(D) the products of forestry;\n(E) products, as a class, that are\u2014\n(i) produced on a certified organic farm (as defined in\nsection 6502 of this title\n(ii) certified to be sold or labeled as \u201corganic\u201d or \u201c100 percent organic\u201d (as defined in part 205 of title 7, Code of Federal Regulations (or a successor regulation));\n(F) other commodities raised or produced on farms, as determined appropriate by the Secretary; and\n(G) products processed or manufactured from products specified in the preceding subparagraphs, as determined appropriate by the Secretary.\n(2)\nBoard\nThe term \u201cboard\u201d means a board established under an order issued under\nsection 7413 of this title\n(3)\nConflict of interest\nThe term \u201cconflict of interest\u201d 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.\n(4)\nDepartment\nThe term \u201cDepartment\u201d means the Department of Agriculture.\n(5)\nFirst handler\nThe term \u201cfirst handler\u201d 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.\n(6)\nImporter\nThe term \u201cimporter\u201d 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.\n(7)\nInformation\nThe term \u201cinformation\u201d means information and programs that are designed to increase\u2014\n(A) efficiency in processing; and\n(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.\n(8)\nMarket\nThe term \u201cmarket\u201d means to sell or to otherwise dispose of an agricultural commodity in interstate, foreign, or intrastate commerce.\n(9)\nOrder\nThe term \u201corder\u201d means an order issued by the Secretary under\n(A) strengthen the position of agricultural commodity industries in the marketplace;\n(B) maintain and expand existing domestic and foreign markets and uses for agricultural commodities;\n(C) develop new markets and uses for agricultural commodities; or\n(D) assist producers in meeting their conservation objectives.\n(10)\nPerson\nThe term \u201cperson\u201d means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity.\n(11)\nProducer\nThe term \u201cproducer\u201d 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.\n(12)\nPromotion\nThe term \u201cpromotion\u201d 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.\n(13)\nResearch\nThe term \u201cresearch\u201d 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.\n(14)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of Agriculture.\n(15)\nState\nThe term \u201cState\u201d means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.\n(16)\nSuspend\nThe term \u201csuspend\u201d means to issue a rule under\nsection 553 of title 5\n(17)\nTerminate\nThe term \u201cterminate\u201d means to issue a rule under\nsection 553 of title 5\n(18)\nUnited States\nThe term \u201cUnited States\u201d means collectively the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States.","url":"https://projectusc.org/usc/t7/s7412.html","content":[{"t":"sec","id":"/us/usc/t7/s7412","children":[{"t":"num","text":"\u00a7\u202f7412."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subchapter (unless the context otherwise requires):"},{"t":"para","id":"/us/usc/t7/s7412/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Agricultural commodity"},{"t":"chapeau","text":"The term \u201cagricultural commodity\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t7/s7412/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" agricultural, horticultural, viticultural, and dairy products;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" livestock and the products of livestock;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the products of poultry and bee raising;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the products of forestry;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/1/E","children":[{"t":"num","text":"(E)"},{"t":"chapeau","text":" products, as a class, that are\u2014"},{"t":"clause","id":"/us/usc/t7/s7412/1/E/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" produced on a certified organic farm (as defined in ","children":[{"t":"ref","text":"section 6502 of this title","href":"/us/usc/t7/s6502","tail":"); and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s7412/1/E/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" certified to be sold or labeled as \u201corganic\u201d or \u201c100 percent organic\u201d (as defined in part 205 of title 7, Code of Federal Regulations (or a successor regulation));","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/1/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" other commodities raised or produced on farms, as determined appropriate by the Secretary; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/1/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" products processed or manufactured from products specified in the preceding subparagraphs, as determined appropriate by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Board"},{"t":"content","children":[{"t":"p","text":"The term \u201cboard\u201d means a board established under an order issued under ","children":[{"t":"ref","text":"section 7413 of this title","href":"/us/usc/t7/s7413","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/3","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 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/4","children":[{"t":"num","text":"(4)"},{"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/s7412/5","children":[{"t":"num","text":"(5)"},{"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 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Importer"},{"t":"content","children":[{"t":"p","text":"The term \u201cimporter\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Information"},{"t":"chapeau","text":"The term \u201cinformation\u201d means information and programs that are designed to increase\u2014"},{"t":"subpara","id":"/us/usc/t7/s7412/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" efficiency in processing; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Market"},{"t":"content","children":[{"t":"p","text":"The term \u201cmarket\u201d means to sell or to otherwise dispose of an agricultural commodity in interstate, foreign, or intrastate commerce.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Order"},{"t":"chapeau","text":"The term \u201corder\u201d means an order issued by the Secretary under ","children":[{"t":"ref","text":"section 7413 of this title","href":"/us/usc/t7/s7413","tail":" that provides for a program of generic promotion, research, and information regarding agricultural commodities designed to\u2014"}]},{"t":"subpara","id":"/us/usc/t7/s7412/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" strengthen the position of agricultural commodity industries in the marketplace;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" maintain and expand existing domestic and foreign markets and uses for agricultural commodities;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" develop new markets and uses for agricultural commodities; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7412/9/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" assist producers in meeting their conservation objectives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/10","children":[{"t":"num","text":"(10)"},{"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 legal entity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Producer"},{"t":"content","children":[{"t":"p","text":"The term \u201cproducer\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Promotion"},{"t":"content","children":[{"t":"p","text":"The term \u201cpromotion\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/13","children":[{"t":"num","text":"(13)"},{"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, use, marketability, production, product development, or quality of an agricultural commodity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/14","children":[{"t":"num","text":"(14)"},{"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/s7412/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Suspend"},{"t":"content","children":[{"t":"p","text":"The term \u201csuspend\u201d means to issue a rule under ","children":[{"t":"ref","text":"section 553 of title 5","href":"/us/usc/t5/s553","tail":" to temporarily prevent the operation of an order during a particular period of time specified in the rule."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Terminate"},{"t":"content","children":[{"t":"p","text":"The term \u201cterminate\u201d means to issue a rule under ","children":[{"t":"ref","text":"section 553 of title 5","href":"/us/usc/t5/s553","tail":" to cancel permanently the operation of an order beginning on a date certain specified in the rule."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7412/18","children":[{"t":"num","text":"(18)"},{"t":"heading","text":"United States"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d means collectively the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}