§1638 — Title 7 Agriculture | U.S. Code

Summary

Lists which foods count as "covered commodities" and gives short meanings for other words used in the subchapter. A covered commodity includes 11 kinds of food: meat from lamb and venison (both whole muscle cuts and ground), meat from goats, chicken (whole or in parts), farm-raised fish, wild fish, perishable agricultural commodities, peanuts, ginseng, pecans, and macadamia nuts. If one of those foods is used only as an ingredient in a processed food item, it is not a covered commodity. Other short meanings: "Farm-raised fish" includes shellfish raised on farms and any flesh from them (fillets, steaks, nuggets, etc.). A "food service establishment" means places like restaurants, cafeterias, food stands, bars, and similar businesses that sell food to the public. "Lamb" means meat from sheep, not mutton. "Perishable agricultural commodity" and "retailer" have the meanings given in section 499a(b) of this title. "Secretary" means the Secretary of Agriculture, acting through the Agricultural Marketing Service. "Wild fish" means fish or shellfish born in nature or in hatcheries and taken from the wild; it includes their fillets and other flesh and excludes net-pen or other farm-raised fish.

Title 7, §1638

Agriculture — Source: USLM XML via OLRC

In this subchapter:

(1)(A)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 11 So in original. The word “and” probably should not appear.

(vii)meat produced from goats;

(viii)chicken, in whole and in part;

(ix)ginseng;

(x)pecans; and

(xi)macadamia nuts.

(B)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)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)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)The term “lamb” means meat, other than mutton, produced from sheep.

(5)The terms “perishable agricultural commodity” and “retailer” have the meanings given the terms in section 499a(b) of this title.

(6)The term “Secretary” means the Secretary of Agriculture, acting through the Agricultural Marketing Service.

(7)(A)The term “wild fish” means naturally-born or hatchery-raised fish and shellfish harvested in the wild.

(B)The term “wild fish” includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish.

(C)The term “wild fish” excludes net-pen aquacultural or other farm-raised fish.

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.

§1638 Definitions

Summary

Title 7, §1638

Notes & Related Subsidiaries

Editorial Notes

Amendments

Amendments

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata