Title 7, AgricultureRelease 119-110

§1638 Definitions

Title 7 › CHAPTER 38 — DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS › SUBCHAPTER IV — COUNTRY OF ORIGIN LABELING › § 1638

Last updated Sep 23, 2026|Official source

Summary

Defines which foods and words are used in this part of the law. "Covered commodity" means certain meats, fish, nuts, and farm products — for example, muscle and ground lamb and venison; goat meat; chicken (whole or parts); farm‑raised and wild fish; perishable agricultural commodities; peanuts; ginseng; pecans; and macadamia nuts. If one of those items is only an ingredient in a processed food, it is not a covered commodity. "Farm‑raised fish" includes farmed shellfish and any fillets, steaks, nuggets, or other flesh from them. "Food service establishment" means places that sell food to the public, like restaurants, cafeterias, food stands, and bars. "Lamb" means meat from sheep, not mutton. "Perishable agricultural commodity" and "retailer" follow the meanings in section 499a(b) of this title. "Secretary" means the U.S. Secretary of Agriculture through the Agricultural Marketing Service. "Wild fish" means fish or shellfish born naturally or in hatcheries and caught in the wild; it includes their flesh but not net‑pen or other farmed fish.

Full Legal Text

Title 7, §1638

Agriculture, Source: USLM XML via OLRC

In this subchapter:
(1)Covered commodity
(A)In general
The term “covered commodity” means—
(i)muscle cuts of lamb and venison;
(ii)ground lamb and ground venison;
(iii)farm-raised fish;
(iv)wild fish;
(v)a perishable agricultural commodity;
(vi)peanuts; and
(vii)meat produced from goats;
(viii)chicken, in whole and in part;
(ix)ginseng;
(x)pecans; and
(xi)macadamia nuts.
(B)Exclusions
The term “covered commodity” does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item.
(2)Farm-raised fish
The term “farm-raised fish” includes—
(A)farm-raised shellfish; and
(B)fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish.
(3)Food service establishment
The term “food service establishment” means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public.
(4)Lamb
The term “lamb” means meat, other than mutton, produced from sheep.
(5)Perishable agricultural commodity; retailer
The terms “perishable agricultural commodity” and “retailer” have the meanings given the terms in section 499a(b) of this title.
(6)Secretary
The term “Secretary” means the Secretary of Agriculture, acting through the Agricultural Marketing Service.
(7)Wild fish
(A)In general
The term “wild fish” means naturally-born or hatchery-raised fish and shellfish harvested in the wild.
(B)Inclusions
The term “wild fish” includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish.
(C)Exclusions
The term “wild fish” excludes net-pen aquacultural or other farm-raised fish.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2015—Pub. L. 114–113 redesignated pars. (2), (3), (4), (5), (6), (8), and (9) as pars. (1), (2), (3), (4), (5), (6), and (7), respectively, in par. (1)(A)(i) struck out references to beef and pork, in par. (1)(A)(ii) struck out references to ground beef and ground pork, and struck out former pars. (1) and (7), which defined “beef” and “pork”, respectively . 2014—Par. (2)(A)(i). Pub. L. 113–79, § 12104(b)(1)(A), substituted “pork, and venison” for “and pork”. Par. (2)(A)(ii). Pub. L. 113–79, § 12104(b)(1)(B), substituted “ground pork, and ground venison” for “and ground pork”. 2008—Par. (2)(A)(vii) to (xi). Pub. L. 110–246, § 11002(1), added cls. (vii) to (xi).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1638

Title 7, Agriculture

Last Updated

Sep 23, 2026

Release point: 119-110