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Title 7 — Agriculture

Chapter 93 — Processor-Funded Milk Promotion Program

§ 6402. Definitions

Statutory text

As used in this chapter:

(1)

Advertising

The term “advertising” means any advertising or promotion program involving only fluid milk products and directed toward increasing the general demand for fluid milk products.

(2)

Board

The term “Board” means the National Processor Advertising and Promotion Board established under section 6407(b) of this title.

(3)

Fluid milk product

The term “fluid milk product” has the meaning given the term in—

(A)

section 1000.15 of title 7, Code of Federal Regulations, subject to such amendments as may be made by the Secretary; or

(B)

any successor regulation.

(4)

Fluid milk processor

The term “fluid milk processor” means any person who processes and markets commercially more than 3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer).

(5)

Department

The term “Department” means the Department of Agriculture.

(6)

Research

The term “research” means market research to support advertising and promotion efforts, including educational activities, research directed to product characteristics, product development, including new products or improved technology in production, manufacturing or processing of milk and the products of milk.

(7)

Secretary

The term “Secretary” means the Secretary of Agriculture.

(8)

United States

The term “United States”, except as used in sections 6410 through 6412 of this title, means the 48 contiguous States in the continental United States and the District of Columbia.

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. Fluid Milk Promotion Act of 1990

    Pub. L. 101–624 title XIX § 1999C · 104 Stat. 3359

    Enacted · 7 U.S.C. § 6402

    Pub. L. 101–624, title XIX, § 1999C, Nov. 28, 1990, 104 Stat. 3915

    Source evidence

    Code source credit
    Pub. L. 101–624, title XIX, § 1999C, Nov. 28, 1990, 104 Stat. 3915

    Enacted provision · exact public law section
    SEC. 1999C. DEFINITIONS. As used in this subtitle: (1) Advertising.— The term “advertising” means any advertising or promotion program involving only fluid milk products and directed toward increasing the general demand for fluid milk products. (2) Board.— The term “Board” means the National Processor Advertising and Promotion Board established under section 1999H(b). (3) Fluid milk product.— The term “fluid milk product”— (A) means any of the following products in fluid or frozen form: milk, skim milk, lowfat milk, milk drinks, buttermilk, filled milk, and milkshake and ice milk mixes containing less than 20 percent total solids, including any such products that are flavored, cultured, modified with added nonfat milk solids, concentrated (if in a consumer-type package), or reconstituted; and (B) does not include evaporated or condensed milk (plain or sweetened), evaporated or condensed skim milk (plain or sweetened), formulas specially prepared for infant feeding or dietary use that are packaged in hermetically sealed glass or all-metal containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey. (4) Fluid milk processor.— The term “fluid milk processor” means any person who processes and markets commercially fluid milk products in consumer-type packages. (5) Department.— The term “Department” means the Department of Agriculture. (6) Research.— The term “research”— (A) means market research limited to the support of advertising and promotion efforts, including educational activities; and (B) does not include research directed to product characteristics such as nutrients; product development including new products; or improved technology in production, manufacturing or processing; or any other efforts not directly applicable to measuring or increasing the effective- ness of advertising activities in expanding sales of fluid milk products. (7) Secretary.— The term “Secretary” means the Secretary of Agriculture. (8) United States.— The term “United States”, except as used in sections 1999K through 1999M, means the 48 contiguous States in the continental United States and the District of Columbia.

  2. Fluid Milk Promotion Amendments Act of 1993

    Pub. L. 103–72 § 2(a) · 107 Stat. 717

    Amended · 7 U.S.C. § 6402(4)

    Pub. L. 103–72 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘fluid milk processor’ means any person who processes and markets commercially fluid milk products in consumer-type packages.”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 103–72 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘fluid milk processor’ means any person who processes and markets commercially fluid milk products in consumer-type packages.”

    Enacted provision · exact public law section
    (a) Fluid Milk Processor.— Paragraph (4) of section 1999C of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402(4)) is amended to read as follows: “(4) Fluid milk processor.— The term ‘fluid milk processor’ means any person who processes and markets commercially more than 500,000 pounds of fluid milk products in consumer-type packages per month.”.

  3. Agricultural Market Transition Act

    Pub. L. 104–127 title I § 146(c) · 110 Stat. 888

    Amended · 7 U.S.C. § 6402(6)

    Pub. L. 104–127 amended heading and text of par. (6) generally. Text read as follows: “The term ‘research’—

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 104–127 amended heading and text of par. (6) generally. Text read as follows: “The term ‘research’—

    “(A) means market research limited to the support of advertising and promotion efforts, including educational activities; and “(B) does not include research directed to product characteristics such as nutrients; product development including new products; or improved technology in production, manufacturing or processing; or any other efforts not directly applicable to measuring or increasing the effectiveness of advertising activities in expanding sales of fluid milk products.”

    Enacted provision · exact public law section
    (c) Research.— Section 1999C(6) of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402(6)) is amended to read as follows: “(6) Research.— The term ‘research’ means market research to support advertising and promotion efforts, including educational activities, research directed to product characteristics, product development, including new products or improved technology in production, manufacturing or processing of milk and the products of milk.”.

  4. Pub. L. 107–171 § 1506(a) · 116 Stat. 134

    1. Added · 7 U.S.C. § 6402(3)

      Pub. L. 107–171, § 1506(a), added par. (3)

    2. Struck · 7 U.S.C. § 6402(3)

      Pub. L. 107–171, § 1506(a), struck out heading and text of former par. (3). Text read as follows: “The term ‘fluid milk product’—

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 107–171, § 1506(a), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “The term ‘fluid milk product’—

    “(A) means any of the following products in fluid or frozen form: milk, skim milk, lowfat milk, milk drinks, buttermilk, filled milk, and milkshake and ice milk mixes containing less than 20 percent total solids, including any such products that are flavored, cultured, modified with added nonfat milk solids, concentrated (if in a consumer-type package), or reconstituted; and “(B) does not include evaporated or condensed milk (plain or sweetened), evaporated or condensed skim milk (plain or sweetened), formulas specially prepared for infant feeding or dietary use that are packaged in hermetically sealed glass or all-metal containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey.”

    Enacted provision · exact public law section
    (a) Definition of Fluid Milk Product.— Section 1999C of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402) is amended by striking paragraph (3) and inserting the following: “(3) Fluid milk product.— The term ‘fluid milk product’ has the meaning given the term in— “(A) section 1000.15 of title 7, Code of Federal Regulations, subject to such amendments as may be made by the Secretary; or “(B) any successor regulation.”.

  5. Pub. L. 107–171 § 1506(b) · 116 Stat. 134

    Substituted · 7 U.S.C. § 6402(4)

    Pub. L. 107–171, § 1506(b), substituted “3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer)” for “500,000 pounds of fluid milk products in consumer-type packages per month”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 107–171, § 1506(b), substituted “3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer)” for “500,000 pounds of fluid milk products in consumer-type packages per month”.

    Enacted provision · exact public law section
    (b) Definition of Fluid Milk Processor.— Section 1999C(4) of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402(4)) is amended by striking “500,000 pounds of fluid milk products in consumer-type packages per month” and inserting “3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer)”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1993–2002 · 3 rounds

2002

Par. (3). Pub. L. 107–171, § 1506(a), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “The term ‘fluid milk product’—

“(A) means any of the following products in fluid or frozen form: milk, skim milk, lowfat milk, milk drinks, buttermilk, filled milk, and milkshake and ice milk mixes containing less than 20 percent total solids, including any such products that are flavored, cultured, modified with added nonfat milk solids, concentrated (if in a consumer-type package), or reconstituted; and

“(B) does not include evaporated or condensed milk (plain or sweetened), evaporated or condensed skim milk (plain or sweetened), formulas specially prepared for infant feeding or dietary use that are packaged in hermetically sealed glass or all-metal containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey.”

Par. (4). Pub. L. 107–171, § 1506(b), substituted “3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer)” for “500,000 pounds of fluid milk products in consumer-type packages per month”.

1996

Par. (6). Pub. L. 104–127 amended heading and text of par. (6) generally. Text read as follows: “The term ‘research’—

“(A) means market research limited to the support of advertising and promotion efforts, including educational activities; and

“(B) does not include research directed to product characteristics such as nutrients; product development including new products; or improved technology in production, manufacturing or processing; or any other efforts not directly applicable to measuring or increasing the effectiveness of advertising activities in expanding sales of fluid milk products.”

1993

Par. (4). Pub. L. 103–72 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘fluid milk processor’ means any person who processes and markets commercially fluid milk products in consumer-type packages.”

Credits

1990–2002 · 4 acts
  1. 1990Pub. L. 101–624, title XIX, § 1999C, , 104 Stat. 3915
  2. 1993Pub. L. 103–72, § 2(a), , 107 Stat. 717
  3. 1996Pub. L. 104–127, title I, § 146(c), , 110 Stat. 918
  4. 2002Pub. L. 107–171, title I, § 1506(a), (b), , 116 Stat. 210.
Show as published

(Pub. L. 101–624, title XIX, § 1999C, , 104 Stat. 3915; Pub. L. 103–72, § 2(a), , 107 Stat. 717; Pub. L. 104–127, title I, § 146(c), , 110 Stat. 918; Pub. L. 107–171, title I, § 1506(a), (b), , 116 Stat. 210.)

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