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Title 7 — Agriculture

Chapter 89 — Pecan Promotion and Research

§ 6002. Definitions

Statutory text

As used in this chapter—

(1)

Board

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

(2)

Commerce

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

(3)

Conflict of interest

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)

Consumer information

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)

Department

The term “Department” means the Department of Agriculture.

(6)

District

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)

First handler

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)

Grower

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)

Grower-sheller

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)

Handle

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)

Importer

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

(12)

Industry information

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)

In-shell pecan

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

(14)

To market

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

(15)

Member

The term “member” means a member of the Board.

(16)

Pecan

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

(17)

Person

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

(18)

Plan

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

(19)

Promotion

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)

Research

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)

Secretary

The term “Secretary” means the Secretary of Agriculture.

(22)

Shell

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

(23)

Shelled pecan

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

(24)

Sheller

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)

State

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

(26)

United States

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

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. Pecan Promotion and Research Act of 1990

    Pub. L. 101–624 title XIX § 1907 · 104 Stat. 3359

    Enacted · 7 U.S.C. § 6002

    Pub. L. 101–624, title XIX, § 1907, Nov. 28, 1990, 104 Stat. 3839

    Source evidence

    Code source credit
    Pub. L. 101–624, title XIX, § 1907, Nov. 28, 1990, 104 Stat. 3839

    Enacted provision · exact public law section
    SEC. 1907. DEFINITIONS. As used in this subtitle— (1) Board.— The term “Board” means the Pecan Marketing Board established in section 1910(b). (2) Commerce.— The term “commerce” means interstate, foreign, or intrastate commerce. (3) Conflict of interest.— 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) Consumer information.— 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) Department.— The term “Department” means the Department of Agriculture. (6) District.— 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) First handler.— 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) Grower.— 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) Grower-sheller.— 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) Handle.— The term “handle” means receipt of in-shell pecans by a shelter or first handler, including pecans produced by such sheller or first handler. (11) Importer.— The term “importer” means any person who imports pecans from outside of the United States for sale in the United States. (12) Industry information.— 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) In-shell pecan.— The term “in-shell pecan” means a pecan that has a shell that has not been removed. (14) To market.— The term “to market” means to sell or offer to dispose of pecans in any channel of commerce. (15) Member.— The term “member” means a member of the Board. (16) Pecan.— The term “pecan” means the nut of the pecan tree carya illinoensis. (17) Person.— The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. (18) Plan.— The term “plan” means a plan issued under section 1908. (19) Promotion.— The term “promotion” means any action taken by the Board, pursuant to this subtitle, to present a favorable image of pecans to the public with the express intent of improving the competitive position of pecans in the market-place and stimulating sales of pecans, including paid advertising. (20) Research.— 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) Secretary.— The term “Secretary” means the Secretary of Agriculture. (22) Shell.— The term “shell” means to remove the shell from an inshell pecan. (23) Shelled pecan.— The term “shelled pecan” means a pecan kernel, or portion of a kernel, after the pecan shell has been removed. (24) Sheller.— 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) State.— The term “State” means any of the several States, the District of Columbia and the Commonwealth of Puerto Rico. (26) United states.— The term “United States” means collectively the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

  2. Pub. L. 102–237 title VIII § 802(1) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 6002(22)

    Pub. L. 102–237 substituted “in-shell” for “inshell”

    Source evidence

    Code amendment note
    Par. (22). Pub. L. 102–237 substituted “in-shell” for “inshell”.

    Enacted provision · exact public law section
    (1) in section 1907(22) (7 U.S.C. 6002(22)), by striking “inshell” and inserting “in-shell”;

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

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

Credits

1990–1991 · 2 acts
  1. 1990Pub. L. 101–624, title XIX, § 1907, , 104 Stat. 3839
  2. 1991Pub. L. 102–237, title VIII, § 802(1), , 105 Stat. 1882.
Show as published

(Pub. L. 101–624, title XIX, § 1907, , 104 Stat. 3839; Pub. L. 102–237, title VIII, § 802(1), , 105 Stat. 1882.)

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