7 U.S.C. § 2302 — Definitions

Page 1493 TITLE 7—AGRICULTURE § 2303 1 So in original. CHAPTER 56—UNFAIR TRADE PRACTICES AFFECTING PRODUCERS OF AGRICUL- TURAL PRODUCTS Sec. 2301. Congressional findings and declaration of pol- icy. 2302. Definitions. 2303. Prohibited practices. 2304. Disclaimer of intention to prohibit normal dealing. 2305. Enforcement provisions. 2306. Separability. § 2301. Congressional findings and declaration of policy Agricultural products are produced in the United States by many individual farmers and ranchers scattered throughout the various States of the Nation. Such products in fresh or processed form move in large part in the chan- nels of interstate and foreign commerce, and such products which do not move in these chan- nels directly burden or affect interstate com- merce. The efficient production and marketing of agricultural products by farmers and ranchers is of vital concern to their welfare and to the general economy of the Nation. Because agricul- tural products are produced by numerous indi- vidual farmers, the marketing and bargaining position of individual farmers will be adversely affected unless they are free to join together voluntarily in cooperative organizations as au- thorized by law. Interference with this right is contrary to the public interest and adversely af- fects the free and orderly flow of goods in inter- state and foreign commerce. It is, therefore, declared to be the policy of Congress and the purpose of this chapter to es- tablish standards of fair practices required of handlers in their dealings in agricultural prod- ucts. (Pub. L. 90–288, § 2, Apr. 16, 1968, 82 Stat. 93.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 90–288, § 1, Apr. 16, 1968, 82 Stat. 93, provided: ‘‘That this Act [enacting this chapter] shall be known as the Agricultural Fair Practices Act of 1967.’’ § 2302. Definitions In this chapter: (1) Agricultural products The term ‘‘agricultural products’’ shall not include cotton or tobacco or their products. (2)(2) 1 Association of producers (A) In general The term ‘‘association of producers’’ means any association of producers of agri- cultural products engaged in marketing, bargaining, shipping, or processing as de- fined in section 1141j(a) of title 12, or in sec- tion 291 of this title. (B) Inclusion The term ‘‘association of producers’’ in- cludes an organization whose membership is exclusively limited to agricultural producers and dedicated to promoting the common in- terest and general welfare of producers of agricultural products. (3)(3) 1 Handler (A) In general The term ‘‘handler’’ means any person en- gaged in the business or practice of (i) ac- quiring agricultural products from producers or associations of producers for processing or sale; or (ii) grading, packaging, handling, storing, or processing agricultural products received from producers or associations of producers; or (iii) contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or asso- ciations of producers with respect to the pro- duction or marketing of any agricultural product; or (iv) acting as an agent or broker for a handler in the performance of any func- tion or act specified in clause (i), (ii), or (iii). (B) Exclusion The term ‘‘handler’’ does not include a per- son, other than a packer (as defined in sec- tion 191 of this title), that provides custom feeding services for a producer. (4) Producer The term ‘‘producer’’ means a person en- gaged in the production of agricultural prod- ucts as a farmer, planter, rancher, dairyman, fruit, vegetable, or nut grower. (Pub. L. 90–288, § 3, Apr. 16, 1968, 82 Stat. 94; Pub. L. 110–234, title XI, § 11003, May 22, 2008, 122 Stat. 1354; Pub. L. 110–246, § 4(a), title XI, § 11003, June 18, 2008, 122 Stat. 1664, 2116.) 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 2008—Pub. L. 110–246, § 11003, in introductory provi- sions, substituted ‘‘In this chapter:’’ for ‘‘When used in this chapter—’’, redesignated subsecs. (e), (c), (a), and (b) as pars. (1) to (4), respectively, inserted par. head- ings, in pars. (2) and (3), inserted duplicate par. designa- tions, designated existing provisions as subpar. (A), and added subpar. (B), in par. (3), redesignated cls. (1) to (4) as (i) to (iv), respectively, in cl. (iv), substituted ‘‘clause (i), (ii), or (iii)’’ for ‘‘clause (1), (2), or (3) of this paragraph’’, and struck out subsec. (d) which read as follows: ‘‘The term ‘person’ includes individuals, part- nerships, corporations, and associations.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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. § 2303. Prohibited practices It shall be unlawful for any handler knowingly to engage or permit any employee or agent to engage in the following practices: