§7412 — Title 7 Agriculture | U.S. Code

Summary

Defines the key words used for programs that promote, research, and share information about farm products and how those programs operate. "Agricultural commodity" covers farm products like crops, dairy, livestock and their products, poultry and bee products, forestry products, certified organic products (see section 6502 and part 205 of title 7 of the Code of Federal Regulations), other farm-raised goods the Secretary allows, and products made from these items. "Board" is a board set up under an order issued under section 7413. "Conflict of interest" is when a board member or employee has a financial stake in someone who does paid work or contracts with the board. "Department" is the Department of Agriculture. "First handler" is the first person who buys or takes a commodity from the producer for marketing, or the producer if they sell directly to consumers. "Importer" is anyone who brings an agricultural commodity into the United States for sale, including agents, brokers, or consignees. "Information" means programs to make processing more efficient and to develop markets, marketing strategies, and the commodity’s image at home and abroad. "Market" means to sell or otherwise move a commodity in interstate, foreign, or intrastate commerce. "Order" means an order under section 7413 for a generic promotion, research, and information program to strengthen industries, expand or develop markets, or help producers meet conservation goals. "Person" means an individual or any legal business entity. "Producer" is someone who produces and sells a commodity and who owns or shares ownership and the risk of loss. "Promotion" is any board action, including paid ads, to improve the commodity’s public image and sales. "Research" is any test or study to improve the commodity’s image, use, marketability, production, product development, or quality. "Secretary" is the Secretary of Agriculture. "State" includes the States, the District of Columbia, Puerto Rico, and U.S. territories and possessions. "Suspend" and "terminate" mean to temporarily stop or permanently end an order by issuing a rule under section 553 of title 5. "United States" means the 50 States, the District of Columbia, Puerto Rico, and the U.S. territories and possessions.

Title 7, §7412

Agriculture — Source: USLM XML via OLRC

In this subchapter (unless the context otherwise requires):

(1)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)The term “board” means a board established under an order issued under section 7413 of this title.

(3)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)The term “Department” means the Department of Agriculture.

(5)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)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)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)The term “market” means to sell or to otherwise dispose of an agricultural commodity in interstate, foreign, or intrastate commerce.

(9)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)The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity.

(11)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)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)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)The term “Secretary” means the Secretary of Agriculture.

(15)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)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)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)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.

Editorial Notes

Amendments

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.

§7412 Definitions

Summary

Title 7, §7412

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata