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Title 7 — Agriculture

Chapter 56 — Unfair Trade Practices Affecting Producers of Agricultural Products

§ 2302. Definitions

Statutory text

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 agricultural products engaged in marketing, bargaining, shipping, or processing as defined in section 1141j(a) of title 12, or in section 291 of this title.

(B)

Inclusion

The term “association of producers” includes an organization whose membership is exclusively limited to agricultural producers and dedicated to promoting the common interest and general welfare of producers of agricultural products.

(3)

(3) 1 Handler

(A)

In general

The term “handler” means any person engaged in the business or practice of (i) acquiring 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 associations of producers with respect to the production or marketing of any agricultural product; or (iv) acting as an agent or broker for a handler in the performance of any function or act specified in clause (i), (ii), or (iii).

(B)

Exclusion

The term “handler” does not include a person, other than a packer (as defined in section 191 of this title), that provides custom feeding services for a producer.

(4)

Producer

The term “producer” means a person engaged in the production of agricultural products as a farmer, planter, rancher, dairyman, fruit, vegetable, or nut grower.

Footnotes

  1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 90–288 § 3 · 82 Stat. 93

    Enacted · 7 U.S.C. § 2302

    Pub. L. 90–288, § 3, Apr. 16, 1968, 82 Stat. 94

    Source evidence

    Code source credit
    Pub. L. 90–288, § 3, Apr. 16, 1968, 82 Stat. 94

    Enacted provision · exact public law section
    Sec. 3. definitions When used in this Act— (a) The term “handler” means any person engaged in the business or practice of (1) acquiring agricultural products from producers or associations of producers for processing or sale; or (2) grading, packaging, handling, storing, or processing agricultural products received from producers or associations of producers; or (3) contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product; or (4) acting as an agent or broker for a handler in the performance of any function or act specified in clause (1), (2), or (3) of this paragraph. (b) The term “producer” means a person engaged in the production of agricultural products as a farmer, planter, rancher, dairyman, fruit, vegetable, or nut grower. (c) The term “association of producers” means any association of producers of agricultural products engaged in marketing, bargaining, shipping, or processing as defined in section 15(a) of the Agricultural Marketing Act of 1929, as amended (49 Stat. 317; 12 U.S.C. 1141j (a)), or in section 1 of the Act entitled “An Act to authorize association of producers of agricultural products”, approved February 18, 1922 (42 Stat. 388; 7 U.S.C. 291). (d) The term “person” includes individuals, partnerships, corporations, and associations. (e) The term “agricultural products” shall not include cotton or tobacco or their products.

  2. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 11003 · 122 Stat. 1651

    1. Substituted · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, substituted “In this chapter:” for “When used in this chapter—”

    2. Redesignated · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, redesignated subsecs. (e), (c), (a), and (b) as pars. (1) to (4), respectively

    3. Inserted · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, inserted par. headings, in pars. (2) and (3)

    4. Inserted · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, inserted duplicate par. designations

    5. Amended · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, designated existing provisions as subpar. (A)

    6. Added · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, added subpar. (B), in par. (3)

    7. Redesignated · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, redesignated cls. (1) to (4) as (i) to (iv), respectively, in cl. (iv)

    8. Substituted · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, substituted “clause (i), (ii), or (iii)” for “clause (1), (2), or (3) of this paragraph”

    9. Struck · 7 U.S.C. § 2302

      Pub. L. 110–246, § 11003, in introductory provisions, struck out subsec. (d) which read as follows: “The term ‘person’ includes individuals, partnerships, corporations, and associations.”

    Source evidence

    Code amendment note
    Pub. L. 110–246, § 11003, in introductory provisions, 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. headings, in pars. (2) and (3), inserted duplicate par. designations, 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, partnerships, corporations, and associations.”

    Enacted provision · exact public law section
    SEC. 11003. AGRICULTURAL FAIR PRACTICES ACT OF 1967 DEFINITIONS.   Section 3 of the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2302) is amended— (1) by striking “When used in this Act—” and inserting “In this Act:”; (2) in subsection (a)— (A) by redesignating paragraphs (1) through (4) as clauses (i) through (iv), respectively; and (B) in clause (iv) (as so redesignated), by striking “clause (1), (2), or (3) of this paragraph” and inserting “clause (i), (ii), or (iii)”; (3) by striking subsection (d); (4) by redesignating subsections (a), (b), (c), and (e) as paragraphs (3), (4), (2), (1), respectively, indenting appropriately, and moving those paragraphs so as to appear in numerical order; (5) in each paragraph (as so redesignated) that does not have a heading, by inserting a heading, in the same style as the heading in the amendment made by paragraph (6), the text of which is comprised of the term defined in the paragraph; (6) in paragraph (2) (as so redesignated)— (A) by striking “The term ‘association of producers’ means” and inserting the following: “(2) Association of producers.— “(A) In general.— The term ‘association of producers’ means” ; and (B) by adding at the end the following: “(B) Inclusion.— The term ‘association of producers’ includes an organization whose membership is exclusively limited to agricultural producers and dedicated to promoting the common interest and general welfare of producers of agricultural products.” ; and (7) in paragraph (3) (as so redesignated)— (A) by striking “The term” and inserting the following: “(3) Handler.— “(A) In general.— The term” ; and (B) by inserting after clause (iv) of subparagraph (A) (as redesignated by subparagraph (A) and paragraph (2)) the following: “(B) Exclusion.— The term ‘handler’ does not include a person, other than a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)), that provides custom feeding services for a producer.” .

    Effective date note
    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.

10 of 10 references resolved to an enrolled provision

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 provisions, 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. headings, in pars. (2) and (3), inserted duplicate par. designations, 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, partnerships, 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 , 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.

Credits

1968–2008 · 3 acts
  1. 1968Pub. L. 90–288, § 3, , 82 Stat. 94
  2. 2008Pub. L. 110–234, title XI, § 11003, , 122 Stat. 1354
  3. 2008Pub. L. 110–246, § 4(a), title XI, § 11003, , 122 Stat. 1664, 2116.
Show as published

(Pub. L. 90–288, § 3, , 82 Stat. 94; Pub. L. 110–234, title XI, § 11003, , 122 Stat. 1354; Pub. L. 110–246, § 4(a), title XI, § 11003, , 122 Stat. 1664, 2116.)

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