7 U.S.C. § 7412 — Definitions

Page 2008 TITLE 7—AGRICULTURE § 7412 Secretary of Agriculture of the authority pro- vided in this subchapter, of an orderly program for developing, financing, and carrying out an effective, continuous, and coordinated program of generic promotion, research, and information regarding agricultural commodities designed to— (1) strengthen the position of agricultural commodity industries in the marketplace; (2) maintain and expand existing domestic and foreign markets and uses for agricultural commodities; (3) develop new markets and uses for agricul- tural commodities; or (4) assist producers in meeting their con- servation objectives. (c) Rule of construction Nothing in this subchapter provides for the control of production or otherwise limits the right of any person to produce, handle, or im- port an agricultural commodity. (Pub. L. 104–127, title V, § 512, Apr. 4, 1996, 110 Stat. 1032.) § 7412. Definitions In this subchapter (unless the context other- wise requires): (1) Agricultural commodity 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 ‘‘or- ganic’’ or ‘‘100 percent organic’’ (as defined in part 205 of title 7, Code of Federal Regu- lations (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 sub- paragraphs, as determined appropriate by the Secretary. (2) Board The term ‘‘board’’ means a board established under an order issued under section 7413 of this title. (3) Conflict of interest The term ‘‘conflict of interest’’ means a sit- uation in which a member or employee of a board has a direct or indirect financial inter- est in a person that performs a service for, or enters into a contract with, a board for any- thing of economic value. (4) Department The term ‘‘Department’’ means the Depart- ment of Agriculture. (5) First handler The term ‘‘first handler’’ means the first person who buys or takes possession of an ag- ricultural commodity from a producer for marketing. If a producer markets the agricul- tural commodity directly to consumers, the producer shall be considered to be the first handler with respect to the agricultural com- modity produced by the producer. (6) Importer The term ‘‘importer’’ means any person who imports an agricultural commodity from out- side the United States for sale in the United States as a principal or as an agent, broker, or consignee of any person. (7) Information The term ‘‘information’’ means information and programs that are designed to increase— (A) efficiency in processing; and (B) the development of new markets, mar- keting strategies, increased marketing effi- ciency, and activities to enhance the image of agricultural commodities on a national or international basis. (8) Market The term ‘‘market’’ means to sell or to oth- erwise dispose of an agricultural commodity in interstate, foreign, or intrastate commerce. (9) Order The term ‘‘order’’ means an order issued by the Secretary under section 7413 of this title that provides for a program of generic pro- motion, 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 agricul- tural commodities; (C) develop new markets and uses for agri- cultural commodities; or (D) assist producers in meeting their con- servation objectives. (10) Person The term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. (11) Producer The term ‘‘producer’’ means any person who is engaged in the production and sale of an ag- ricultural commodity in the United States and who owns, or shares the ownership and risk of loss of, the agricultural commodity. (12) Promotion 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 agri- cultural commodity in the marketplace and to stimulate sales of the agricultural commodity. (13) Research The term ‘‘research’’ means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, pro- duction, product development, or quality of an agricultural commodity. (14) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. Page 2009 TITLE 7—AGRICULTURE § 7414 (15) State 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) Suspend The term ‘‘suspend’’ means to issue a rule under section 553 of title 5 to temporarily pre- vent the operation of an order during a par- ticular period of time specified in the rule. (17) Terminate The term ‘‘terminate’’ means to issue a rule under section 553 of title 5 to cancel perma- nently the operation of an order beginning on a date certain specified in the rule. (18) United States The term ‘‘United States’’ means collec- tively the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States. (Pub. L. 104–127, title V, § 513, Apr. 4, 1996, 110 Stat. 1033; Pub. L. 113–79, title X, § 10004(f), Feb. 7, 2014, 128 Stat. 944.) 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. § 7413. Issuance of orders (a) Issuance authorized (1) In general To effectuate the purpose of this subchapter, the Secretary may issue, and amend from time to time, orders applicable to— (A) the producers of an agricultural com- modity; (B) the first handlers of the agricultural commodity and other persons in the mar- keting chain as appropriate; and (C) the importers of the agricultural com- modity, if imports of the agricultural com- modity are subject to assessment under sec- tion 7415(f) of this title. (2) National scope Each order issued under this section shall be national in scope. (b) Procedure for issuance (1) Development or receipt of proposed order A proposed order with respect to an agricul- tural commodity may be— (A) prepared by the Secretary at any time; or (B) submitted to the Secretary by— (i) an association of producers of the ag- ricultural commodity; or (ii) any other person that may be af- fected by the issuance of an order with re- spect to the agricultural commodity. (2) Consideration of proposed order If the Secretary determines that a proposed order is consistent with and will effectuate the purpose of this subchapter, the Secretary shall publish the proposed order in the Federal Reg- ister and give due notice and opportunity for public comment on the proposed order. (3) Existence of other orders In deciding whether a proposal for an order is consistent with and will effectuate the pur- pose of this subchapter, the Secretary may consider the existence of other Federal pro- motion, research, and information programs or orders issued or developed pursuant to any other law. (4) Preparation of final order After notice and opportunity for public com- ment under paragraph (2) regarding a proposed order, the Secretary shall take into consider- ation the comments received in preparing a final order. The Secretary shall ensure that the final order is in conformity with the terms, conditions, and requirements of this subchapter. (c) Issuance and effective date If the Secretary determines that the final order developed with respect to an agricultural commodity is consistent with and will effec- tuate the purpose of this subchapter, the Sec- retary shall issue the final order. Except in the case of an order for which an initial referendum is conducted under section 7417(a) of this title, the final order shall be issued and become effec- tive not later than 270 days after the date of publication of the proposed order that was the basis for the final order. (d) Amendments From time to time the Secretary may amend any order, consistent with the requirements of section 7422 of this title. (Pub. L. 104–127, title V, § 514, Apr. 4, 1996, 110 Stat. 1035.) § 7414. Required terms in orders (a) In general Each order shall contain the terms and condi- tions specified in this section. (b) Board (1) Establishment Each order shall establish a board to carry out a program of generic promotion, research, and information regarding the agricultural commodity covered by the order and intended to effectuate the purpose of this subchapter. (2) Board membership (A) Number of members Each board shall consist of the number of members considered by the Secretary, in consultation with the agricultural com- modity industry involved, to be appropriate to administer the order. In addition to mem- bers, the Secretary may also provide for al- ternates on the board. (B) Appointment The Secretary shall appoint the members and any alternates of a board from among producers of the agricultural commodity and first handlers and others in the marketing