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Title 7, AgricultureRelease 119-110

§7802 Definitions

Title 7 › CHAPTER 105 — HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION › § 7802

Last updated Sep 22, 2026|Official source

Summary

Defines key words used in the chapter. Board is the Hass Avocado Board created under section 7804. Conflict of interest is when a Board member or employee has a direct or indirect money interest in someone who does paid work or has a contract with the Board. Consumer information covers programs that give people facts on using, cooking, and the nutrition of Hass avocados. Customs is the United States Customs Service. Department is the United States Department of Agriculture. Hass avocado is fruit from Hass trees and any other avocado the Board and the Secretary agree looks the same to consumers; it covers fresh, frozen, or processed fruit, though the Board with the Secretary can exclude some further-processed items or certain frozen products from assessment. First handler is a person in the marketing chain who sells domestic or imported Hass avocados for U.S. consumption and must pay assessments; this includes importers or producers who sell directly to consumers. Exempt handler would otherwise be a first handler except the avocados they bought were already assessed. Importer is anyone who brings Hass avocados into the United States. Industry information covers programs to improve processing, marketing, and the image of Hass avocados. Order is the Hass avocado promotion, research, and information order under this chapter. Person is any individual or business entity. Producer is someone who grows Hass avocados for sale and who owns or shares ownership and risk. Promotion is actions like advertising, sales promotion, and publicity to boost the image and sales of Hass avocados. Research is tests or studies about markets, use, quality, nutrition, or ways to make Hass avocados more marketable. Secretary is the Secretary of Agriculture. State includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, and the Federated States of Micronesia. United States means the United States collectively.

Full Legal Text

Title 7, §7802

Agriculture, Source: USLM XML via OLRC

As used in this chapter:
(1)Board
The terms “Avocado Board” and “Board” mean the Hass Avocado Board established under section 7804 of this title.
(2)Conflict of interest
The term “conflict of interest” means a situation in which a member or employee of the Board has a direct or indirect financial interest in a person that performs a service for, or enters into a contract with, the Board for anything of economic value.
(3)Consumer information
The term “consumer information” means any action or program that provides information to consumers and other persons on the use, nutritional attributes, and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of Hass avocados.
(4)Customs
The term “Customs” means the United States Customs Service.
(5)Department
The term “Department” means the United States Department of Agriculture.
(6)Hass avocado
(A)In general
The term “Hass avocado” includes—
(i)the fruit of any Hass variety avocado tree; and
(ii)any other type of avocado fruit that the Board, with the approval of the Secretary, determines is so similar to the Hass variety avocado as to be indistinguishable to consumers in fresh form.
(B)Form of fruit
Except as provided in subparagraph (C), the term includes avocado fruit described in subparagraph (A) whether in fresh, frozen, or any other processed form.
(C)Exceptions
In any case in which a handler further processes avocados described in subparagraph (A), or products of such avocados, for sale to a retailer, the Board, with the approval of the Secretary, may determine that such further processed products do not constitute a substantial value of the product and that, based on its determination, the product shall not be treated as a product of Hass avocados subject to assessment under the order. In addition, the Board, with the approval of the Secretary, may exempt certain frozen avocado products from assessment under the order.
(7)Handler
(A)First handler
The term “first handler” means a person operating in the Hass avocados marketing system that sells domestic or imported Hass avocados for United States domestic consumption, and who is responsible for remitting assessments to the Board. The term includes an importer or producer who sells directly to consumers Hass avocados that the importer or producer has imported into the United States or produced, respectively.
(B)Exempt handler
The term “exempt handler” means a person who would otherwise be considered a first handler, except that all avocados purchased by the person have already been subject to the assessment under section 7804(h) of this title.
(8)Importer
The term “importer” means any person who imports Hass avocados into the United States.
(9)Industry information
The term “industry information” means information and programs that are designed to increase efficiency in processing, enhance the development of new markets and marketing strategies, increase marketing efficiency, and activities to enhance the image of Hass avocados and the Hass avocado industry domestically.
(10)Order
The term “order” means the Hass avocado promotion, research, and information order issued under this chapter.
(11)Person
The term “person” means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity.
(12)Producer
The term “producer” means any person who—
(A)is engaged in the domestic production of Hass avocados for commercial use; and
(B)owns, or shares the ownership and risk of loss, of such Hass avocados.
(13)Promotion
The term “promotion” means any action to advance the image, desirability, or marketability of Hass avocados, including paid advertising, sales promotion, and publicity, in order to improve the competitive position and stimulate sales of Hass avocados in the domestic marketplace.
(14)Research
The term “research” means any type of test, study, or analysis relating to market research, market development, and marketing efforts, or relating to the use, quality, or nutritional value of Hass avocados, other related food science research, or research designed to advance the image, desirability, and marketability of Hass avocados.
(15)Secretary
The term “Secretary” means the Secretary of Agriculture.
(16)State
The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, and the Federated States of Micronesia.
(17)United States
The term “United States” means the United States collectively.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

For

Transfer of Functions

, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7802

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110