§6002 — Title 7 Agriculture | U.S. Code

Summary

Defines key words used in the pecan marketing program so people know who and what the rules cover. Board is the Pecan Marketing Board; commerce is trade across state lines, with other countries, or within a state; conflict of interest is when a Board member has a financial stake in a business that deals with the Board; consumer information helps people decide how to buy, prepare, and use pecans; Department is the Department of Agriculture; district is a U.S. area set by the Board and approved by the Secretary that produces approximately one-fourth of U.S. pecans; first handler is the first person who buys or takes pecans from a grower (a grower who sells directly to consumers is the first handler for their own pecans); grower is someone who produces and sells pecans and owns or shares the risk; grower-sheller shells pecans and, in the immediately previous year, grew 50 percent or more of the pecans they shelled; handle means accepting in-shell pecans; importer brings pecans into the United States for sale here; industry information helps build markets, efficiency, and the industry’s image; in-shell pecan has its shell intact; to market is to sell or offer pecans; member is a Board member; pecan is the nut of the tree carya illinoensis; person is any individual or business entity; plan is a plan issued under the chapter; promotion is Board action under the chapter to improve pecans’ image and sales, including paid advertising; research is tests or studies to improve pecans; Secretary is the Secretary of Agriculture; shell is to remove the shell; shelled pecan is the kernel after shell removal; sheller shells pecans and, in the immediately previous year, bought more than 50 percent of the pecans they shelled; State and United States include the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

Title 7, §6002

Agriculture — Source: USLM XML via OLRC

As used in this chapter—

(1)The term “Board” means the Pecan Marketing Board established in section 6005(b) of this title.

(2)The term “commerce” means interstate, foreign, or intrastate commerce.

(3)The term “conflict of interest” 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.

(4)The term “consumer information” means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of pecans.

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

(6)The term “district” 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.

(7)The term “first handler” 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.

(8)The term “grower” 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.

(9)The term “grower-sheller” means a person who—

(A)shells pecans, or has pecans shelled for such person, in the United States; and

(B)during the immediately previous year, grew 50 percent or more of the pecans such person shelled or had shelled for such person.

(10)The term “handle” means receipt of in-shell pecans by a sheller or first handler, including pecans produced by such sheller or first handler.

(11)The term “importer” means any person who imports pecans from outside of the United States for sale in the United States.

(12)The term “industry information” 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.

(13)The term “in-shell pecan” means a pecan that has a shell that has not been removed.

(14)The term “to market” means to sell or offer to dispose of pecans in any channel of commerce.

(15)The term “member” means a member of the Board.

(16)The term “pecan” means the nut of the pecan tree carya illinoensis.

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

(18)The term “plan” means a plan issued under section 6003 of this title.

(19)The term “promotion” 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.

(20)The term “research” means any type of test, study, or analysis designed to advance the image, desirability, usage, marketability, production, product development, or quality of pecans.

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

(22)The term “shell” means to remove the shell from an in-shell pecan.

(23)The term “shelled pecan” means a pecan kernel, or portion of a kernel, after the pecan shell has been removed.

(24)The term “sheller” means any person who—

(A)shells pecans or has pecans shelled for the account of such person; and

(B)during the immediately previous year, purchased more than 50 percent of the pecans such person shelled or had shelled for such account.

(25)The term “State” means any of the several States, the District of Columbia and the Commonwealth of Puerto Rico.

(26)The term “United States” means collectively the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

Editorial Notes

Amendments

1991—Par. (22). Pub. L. 102–237 substituted “in-shell” for “inshell”.

§6002 Definitions

Summary

Title 7, §6002

Notes & Related Subsidiaries

Editorial Notes

Amendments

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