r/title-7-AGRICULTURE wiki — defined terms

“first purchaser” applies throughout its subchapter

The term “first purchaser” means— (A) except as provided in subparagraph (B), a person who buys or otherwise acquires canola, rapeseed, or canola or rapeseed products produced by a producer; or (B) the Commodity Credit Corporation, in a case in which canola or rapeseed is forfeited to the Commodity Credit Corporation as collateral for a loan issued under a price support loan program administered by the Commodity Credit Corporation. (9) Industry information

“industry information” applies throughout its subchapter

The term “industry information” means information or a program that will lead to the development of new markets, new marketing strategies, or increased efficiency for the canola and rapeseed industry, or an activity to enhance the image of the canola or rapeseed industry. (10) Industry member

“industry member” applies throughout its subchapter

The term “industry member” means a member of the canola and rapeseed industry who represents— (A) manufacturers of canola or rapeseed products; or (B) persons who commercially buy or sell canola or rapeseed. (11) Marketing

“marketing” applies throughout its subchapter

The term “marketing” means the sale or other disposition of canola, rapeseed, or canola or rapeseed products in a channel of commerce. (12) Order

“order” applies throughout its subchapter

The term “order” means an order issued under section 7443 of this title . (13) Person

“person” applies throughout its subchapter

The term “person” means an individual, partnership, corporation, association, cooperative, or any other legal entity. (14) Producer

“producer” applies throughout its subchapter

The term “producer” means a person engaged in the growing of canola or rapeseed in the United States who owns, or who shares the ownership and risk of loss of, the canola or rapeseed. (15) Promotion

“promotion” applies throughout its subchapter

The term “promotion” means an action, including paid advertising, technical assistance, or a trade servicing activity, to enhance the image or desirability of canola, rapeseed, or canola or rapeseed products in domestic and foreign markets, or an activity designed to communicate to consumers, processors, wholesalers, retailers, government officials, or other persons information relating to the positive attributes of canola, rapeseed, or canola or rapeseed products or the benefits of use or distribution of canola, rapeseed, or canola or rapeseed products. (16) Research

“rapeseed” applies throughout its subchapter

The terms “canola” and “rapeseed” mean any brassica plant grown in the United States for the production of an oilseed, the oil of which is used for a food or nonfood use. (3) Canola or rapeseed product

“research” applies throughout its subchapter

The term “research” means any type of test, study, or analysis to advance the image, desirability, marketability, production, product development, quality, or functional or nutritional value of canola, rapeseed, or canola or rapeseed products, including research activity designed to identify and analyze barriers to export sales of canola or rapeseed produced in the United States. (17) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Agriculture. (18) State

“State” applies throughout its subchapter

The term “State” means any of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico. (19) United States

“United States” applies throughout its subchapter

The term “United States” means collectively the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

“Board” applies throughout its subchapter

The term “Board” means the National Kiwifruit Board established under section 7464 of this title . (2) Consumer information

“consumer information” applies throughout its subchapter

The term “consumer information” means any action taken to provide information to, and broaden the understanding of, the general public regarding the consumption, use, nutritional attributes, and care of kiwifruit. (3) Exporter

“exporter” applies throughout its subchapter

The term “exporter” means any person from outside the United States who exports kiwifruit into the United States. (4) Handler

“handler” applies throughout its subchapter

The term “handler” means any person, excluding a common carrier, engaged in the business of buying and selling, packing, marketing, or distributing kiwifruit as specified in the order. (5) Importer

“importer” applies throughout its subchapter

The term “importer” means any person who imports kiwifruit into the United States. (6) Kiwifruit

“kiwifruit” applies throughout its subchapter

The term “kiwifruit” means all varieties of fresh kiwifruit grown in or imported into the United States. (7) Marketing

“marketing” applies throughout its subchapter

The term “marketing” means the sale or other disposition of kiwifruit into interstate, foreign, or intrastate commerce by buying, marketing, distribution, or otherwise placing kiwifruit into commerce. (8) Order

“order” applies throughout its subchapter

The term “order” means a kiwifruit research, promotion, and consumer information order issued by the Secretary under section 7463 of this title . (9) Person

“person” applies throughout its subchapter

The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or other legal entity. (10) Processing

“processing” applies throughout its subchapter

The term “processing” means canning, fermenting, distilling, extracting, preserving, grinding, crushing, or in any manner changing the form of kiwifruit for the purpose of preparing the kiwifruit for market or marketing the kiwifruit. (11) Producer

“producer” applies throughout its subchapter

The term “producer” means any person who grows kiwifruit in the United States for sale in commerce. (12) Promotion

“promotion” applies throughout its subchapter

The term “promotion” means any action taken under this subchapter (including paid advertising) to present a favorable image of kiwifruit to the general public for the purpose of improving the competitive position of kiwifruit and stimulating the sale of kiwifruit. (13) Research

“research” applies throughout its subchapter

The term “research” means any type of research relating to the use, nutritional value, and marketing of kiwifruit conducted for the purpose of advancing the image, desirability, marketability, or quality of kiwifruit. (14) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Agriculture. (15) United States

“United States” applies throughout its subchapter

The term “United States” means the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

“Board” applies throughout its subchapter

The term “Board” means the Popcorn Board established under section 7484(b) of this title . (2) Commerce

“commerce” applies throughout its subchapter

The term “commerce” means interstate, foreign, or intrastate commerce. (3) Consumer information

“consumer information” applies throughout its subchapter

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 popcorn. (4) Department

“Department” applies throughout its subchapter

The term “Department” means the Department of Agriculture. (5) Industry information

“industry information” applies throughout its subchapter

The term “industry information” means information or a program that will lead to the development of— (A) new markets, new marketing strategies, or increased efficiency for the popcorn industry; or (B) activities to enhance the image of the popcorn industry. (6) Marketing

“marketing” applies throughout its subchapter

The term “marketing” means the sale or other disposition of unpopped popcorn for human consumption in a channel of commerce, but does not include a sale or disposition to or between processors. (7) Order

“order” applies throughout its subchapter

The term “order” means an order issued under section 7483 of this title . (8) Person

“person” applies throughout its subchapter

The term “person” means an individual, group of individuals, partnership, corporation, association, or cooperative, or any other legal entity. (9) Popcorn

“popcorn” applies throughout its subchapter

The term “popcorn” means unpopped popcorn (Zea Mays L) that is— (A) commercially grown; (B) processed in the United States by shelling, cleaning, or drying; and (C) introduced into a channel of commerce. (10) Process

“process” applies throughout its subchapter

The term “process” means to shell, clean, dry, and prepare popcorn for the market, but does not include packaging popcorn for the market without also engaging in another activity described in this paragraph. (11) Processor

“processor” applies in that section

The term “processor” means a person engaged in the preparation of unpopped popcorn for the market who owns or shares the ownership and risk of loss of the popcorn and who processes and distributes over 4,000,000 pounds of popcorn in the market per year. (12) Promotion

“promotion” applies in that section

The term “promotion” means an action, including paid advertising, to enhance the image or desirability of popcorn. (13) Research

“research” applies in that section

The term “research” means any type of study to advance the image, desirability, marketability, production, product development, quality, or nutritional value of popcorn. (14) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture. (15) State

“State” applies in that section

The term “State” means each of the 50 States and the District of Columbia. (16) United States

“United States” applies in that section

The term “United States” means all of the States.

“additional commodities” applies throughout its chapter

The term “additional commodities” means commodities made available under section 7515 of this title in addition to the commodities made available under sections 7502 and 7507 of this title. (2) Average monthly number of unemployed persons

“average monthly number of unemployed persons” applies throughout its chapter

The term “average monthly number of unemployed persons” means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor. (3) Eligible recipient agency

“eligible recipient agency” applies throughout its chapter

The term “eligible recipient agency” means a public or nonprofit organization that— (A) administers— (i) an emergency feeding organization; (ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons; (iii) a summer camp for children, or a child nutrition program providing food service; (iv) a nutrition project operating under the Older Americans Act of 1965 ( 42 U.S.C.

“emergency feeding organization” applies throughout its chapter

The term “emergency feeding organization” means a public or nonprofit organization that administers activities and projects (including the activities and projects of a charitable institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar public or private nonprofit eligible recipient agency) providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. (5) Food bank

“food bank” applies throughout its chapter

The term “food bank” means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. (6) Food pantry

“food pantry” applies throughout its chapter

The term “food pantry” means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. (7) Poverty line

“poverty line” applies throughout its chapter

The term “poverty line” has the meaning provided in section 9902(2) of title 42 . (8) Soup kitchen

“soup kitchen” applies throughout its chapter

The term “soup kitchen” means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. (9) Total value of additional commodities

“total value of additional commodities” applies throughout its chapter

The term “total value of additional commodities” means the actual cost of all additional commodities that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary). (10) Value of additional commodities allocated to each State

“value of additional commodities allocated to each State” applies throughout its chapter

The term “value of additional commodities allocated to each State” means the actual cost of additional commodities allocated to each State that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary).

“apparently wholesome food” applies in that section

The term “apparently wholesome food” has the meaning given the term in section 1791(b) of title 42 . (B) Institution of higher education

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given the term in section 1002 of title 20 . (C) Qualified direct donor

“project” applies in that section

the term “project” means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a). (2) Federal funding for projects (A) In general Subject to subparagraphs (B) and (C) and paragraph (3), using funds made available under paragraph (5), the Secretary may provide funding to States to pay for the costs of carrying out a project. (B) Federal share The Federal share of the cost of a project under subparagraph (A) shall not exceed 50 percent of the total cost of the project.

“qualified direct donor” applies in that section

The term “qualified direct donor” means a retail food store, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education. (2) Guidance (A) In general Not later than 180 days after December 20, 2018 , the Secretary shall issue guidance to promote awareness of donations of apparently wholesome food protected under section 1791(c) of title 42 by qualified direct donors in compliance with applicable State and local health, food safety, and food handling laws (including regulations).

“direct expenses” applies in that section

the term “direct expenses” includes costs of transporting, storing, handling, repackaging, processing, and distributing commodities incurred after they are received by the organization; costs associated with determinations of eligibility, verification, and documentation; costs of providing information to persons receiving commodities under this chapter concerning the appropriate storage and preparation of such commodities; costs involved in publishing announcements of times and locations of distribution; and costs of recordkeeping, auditing, and other administrative procedures required for participation in the program under this chapter.

“eligible entity” applies in that section

the term “eligible entity” means an emergency feeding organization. (b) Program authorized (1) In general The Secretary shall use funds made available under subsection (d) to make grants to eligible entities to pay the costs of an activity described in subsection (c).

“eligible entity” applies in that section

The term “eligible entity” means a governmental agency or nonprofit organization. (2) Emergency feeding organization

“emergency feeding organization” applies in that section

The term “emergency feeding organization” has the meaning given the term in section 7501 of this title . (3) Supplemental nutrition assistance program

“healthcare partner” applies in that section

The term “healthcare partner” means a healthcare provider, including— (A) a hospital; (B) a Federally-qualified health center (as defined in section 1905( l ) of the Social Security Act ( 42 U.S.C. 1396d ( l ))); (C) a hospital or clinic operated by the Secretary of Veterans Affairs; or (D) a healthcare provider group. (5) Member

“member” applies in that section

The term “member” means, as determined by the applicable eligible entity or healthcare partner carrying out a project under subsection (c) in accordance with procedures established by the Secretary— (A) an individual eligible for— (i) benefits under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); or (ii) medical assistance under a State plan or a waiver of such a plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) and enrolled under such plan or waiver; and (B) a member of a low-income household that suffers from, or is at risk of developing, a diet-related health condition.

“supplemental nutrition assistance program” applies in that section

The term “supplemental nutrition assistance program” means— (A) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); and (B) the programs for nutrition assistance under section 19 of such Act ( 7 U.S.C. 2028 ). (4) Healthcare partner

“eligible entity” applies in that section

The term “eligible entity” means an entity that— (A) is— (i) an individual; (ii) an Indian tribe or tribal organization, as defined in section 5304 of title 25 ; (iii) a nonprofit organization engaged in increasing food security, as determined by the Secretary, including— (I) a religious organization; (II) a food bank; or (III) a food pantry; (iv) a federally funded educational facility, including— (I) a Head Start program or an Early Head Start program carried out under the Head Start Act ( 42 U.S.C.

“eligible State” applies in that section

The term “eligible State” means— (A) the State of Alaska; (B) the State of Hawaii; (C) American Samoa; (D) the Commonwealth of the Northern Mariana Islands; (E) the Commonwealth of Puerto Rico; (F) the Federated States of Micronesia; (G) Guam; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands.

“1862 Institution” applies in that section

The term “1862 Institution” means a college or university eligible to receive funds under the Act of July 2, 1862 ( 12 Stat. 503 , chapter 130; 7 U.S.C. 301 et seq.). (2) 1890 Institution

“1890 Institution” applies in that section

The term “1890 Institution” means a college or university eligible to receive funds under the Act of August 30, 1890 ( 26 Stat. 419 , chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University. (3) 1994 Institution

“1994 Institution” applies in that section

The term “1994 Institution” means 1 of the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( Public Law 103–382 ; 7 U.S.C. 301 note)) (as amended by section 251(a)). (4) Advisory Board

“Advisory Board” applies in that section

The term “Advisory Board” means the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 3123 of this title . (5) Department

“Department” applies in that section

The term “Department” means the Department of Agriculture. (6) Hispanic-serving agricultural colleges and universities

“Hispanic-serving agricultural colleges and universities” applies in that section

The term “Hispanic-serving agricultural colleges and universities” has the meaning given the term in section 3103 of this title . (7) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture.

“1862 Institution” applies in that section

The terms “1862 Institution”, “1890 Institution”, and “1994 Institution” have the meanings given the terms in section 7601 of this title .

“1890 Institution” applies in that section

The terms “1862 Institution”, “1890 Institution”, and “1994 Institution” have the meanings given the terms in section 7601 of this title .

“1994 Institution” applies in that section

The terms “1862 Institution”, “1890 Institution”, and “1994 Institution” have the meanings given the terms in section 7601 of this title .

“capacity and infrastructure program” applies in that section

The term “capacity and infrastructure program” has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)). 1 (2) Capacity and infrastructure program critical base funding

“capacity and infrastructure program critical base funding” applies in that section

The term “capacity and infrastructure program critical base funding” means the aggregate amount of Federal funds made available for capacity and infrastructure programs for fiscal year 2006, as appropriate. (3) Competitive program

“competitive program” applies in that section

The term “competitive program” has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)). 1 (4) Competitive program critical base funding

“competitive program critical base funding” applies in that section

The term “competitive program critical base funding” means the aggregate amount of Federal funds made available for competitive programs for fiscal year 2006, as appropriate. (5) Hispanic-serving agricultural colleges and universities

“Hispanic-serving agricultural colleges and universities” applies in that section

The term “Hispanic-serving agricultural colleges and universities” has the meaning given the term in section 3103 of this title . (6) NLGCA Institution

“NLGCA Institution” applies in that section

The term “NLGCA Institution” has the meaning given the term in section 3103 of this title . (7) 1862 Institution; 1890 Institution; 1994 Institution

“covered program” applies in that section

The term “covered program” means— (A) each research program carried out by the Agricultural Research Service or the Economic Research Service for which annual appropriations are requested in the annual budget submission of the President; and (B) each competitive program carried out by the National Institute of Food and Agriculture for which annual appropriations are requested in the annual budget submission of the President. (2) Request for applications

“request for applications” applies in that section

The term “request for applications” means a funding announcement published by the National Institute of Food and Agriculture that provides detailed information on funding opportunities at the Institute, including the purpose, eligibility, restriction, focus areas, evaluation criteria, regulatory information, and instructions on how to apply for such opportunities.

“biobased product” applies in that section

the term “biobased product” means a product suitable for food or nonfood use that is derived in whole or in part from renewable agricultural and forestry materials. (b) Coordination of biobased product activities The Secretary of Agriculture shall— (1) coordinate the research, technical expertise, economic information, and market information resources and activities of the Department to develop, commercialize, and promote the use of biobased products; (2) solicit input from private sector persons who produce, or are interested in producing, biobased products; (3) provide a centralized contact point for advice and technical assistance for promising and innovative biobased products; and (4) …

“eligible entity” applies in that section

the term “eligible entity” means— (A) an institution of higher education that offers a curriculum in agriculture or the biosciences; (B) a nonprofit organization; or (C) a consortium of for-profit institutions and agricultural research institutions. (b) Grant program (1) In general The Secretary (acting through the Foreign Agricultural Service) shall establish and administer a program to make competitive grants to eligible entities to develop agricultural biotechnology for developing countries.

“citrus” applies in that section

The term “citrus” means edible fruit of the family Rutaceae, including any hybrid of such fruits and products of such hybrids that are produced for commercial purposes in the United States. (B) Citrus producer

“citrus disease subcommittee” applies in that section

The term “citrus disease subcommittee” means the subcommittee established under section 3123a(a)(2) of this title . (2) Initiative

“citrus producer” applies in that section

The term “citrus producer” means any person that is engaged in the domestic production and commercial sale of citrus in the United States. (C) Emergency citrus disease research and extension program

“emergency citrus disease research and extension program” applies in that section

The term “emergency citrus disease research and extension program” means the emergency citrus research and extension grant program established under this subsection. (k) Funding (1) Mandatory funding (A) Fiscal years 2008 through 2012 Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $30,000,000 for fiscal year 2008 and $50,000,000 for each of fiscal years 2009 through 2012, from which activities under each of paragraphs (1) through (5) of subsection (b) shall be allocated not less than 10 percent.

“Initiative” applies in that section

The term “Initiative” means the specialty crop research and extension initiative established by subsection (b). (3) Specialty crop

“specialty crop” applies in that section

The term “specialty crop” has the meaning given that term in section 3 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note; Public Law 108–465 ). (4) Specialty crops committee

“specialty crops committee” applies in that section

The term “specialty crops committee” means the committee established under section 3123a of this title . (b) Establishment There is established within the Department a specialty crop research and extension initiative to address the critical needs of the specialty crop industry by developing and disseminating science-based tools to address needs of specific crops and their regions, including— (1) research in plant breeding, genetics, genomics, and other methods to improve crop characteristics, such as— (A) product, taste, quality, and appearance; (B) size-controlling rootstock systems for perennial crops; (C) environmental responses and tolerances; (D) nutrient management, including plant …

“eligible entity” applies in that section

The term “eligible entity” means— (A) an individual; (B) a public or private entity (including a center of excellence that consists of 1 or more partnerships between forestry, engineering, architecture, or business schools at 1 or more institutions of higher education); or (C) a State, local, or Tribal government. (2) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary, acting through the Chief of the Forest Service. (b) Grant program (1) In general The Secretary, in carrying out the wood innovation grant program of the Secretary described in the notice of the Secretary entitled “Request for Proposals: 2016 Wood Innovations Funding Opportunity” (80 Fed. Reg. 63498 ( October 20, 2015 )), may make a wood innovation grant to 1 or more eligible entities each year for the purpose of advancing the use of innovative wood products.

“article” applies throughout its chapter

The term “article” means any material or tangible object that could harbor plant pests or noxious weeds. (2) Biological control organism

“biological control organism” applies throughout its chapter

The term “biological control organism” means any enemy, antagonist, or competitor used to control a plant pest or noxious weed. (3) Enter and entry

“enter” applies throughout its chapter

The terms “enter” and “entry” mean to move into, or the act of movement into, the commerce of the United States. (4) Export and exportation

“entry” applies throughout its chapter

The terms “enter” and “entry” mean to move into, or the act of movement into, the commerce of the United States. (4) Export and exportation

“export” applies throughout its chapter

The terms “export” and “exportation” mean to move from, or the act of movement from, the United States to any place outside the United States. (5) Import and importation

“exportation” applies throughout its chapter

The terms “export” and “exportation” mean to move from, or the act of movement from, the United States to any place outside the United States. (5) Import and importation

“import” applies throughout its chapter

The terms “import” and “importation” mean to move into, or the act of movement into, the territorial limits of the United States. (6) Interstate

“importation” applies throughout its chapter

The terms “import” and “importation” mean to move into, or the act of movement into, the territorial limits of the United States. (6) Interstate

“interstate” applies throughout its chapter

The term “interstate” means— (A) from one State into or through any other State; or (B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. (7) Interstate commerce

“interstate commerce” applies throughout its chapter

The term “interstate commerce” means trade, traffic, or other commerce— (A) between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or (B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. (8) Means of conveyance

“means of conveyance” applies throughout its chapter

The term “means of conveyance” means any personal property used for or intended for use for the movement of any other personal property. (9) Move and related terms

“move” applies throughout its chapter

The terms “move”, “moving”, and “movement” mean— (A) to carry, enter, import, mail, ship, or transport; (B) to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting; (C) to offer to carry, enter, import, mail, ship, or transport; (D) to receive to carry, enter, import, mail, ship, or transport; (E) to release into the environment; or (F) to allow any of the activities described in a preceding subparagraph. (10) Noxious weed

“movement” applies throughout its chapter

The terms “move”, “moving”, and “movement” mean— (A) to carry, enter, import, mail, ship, or transport; (B) to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting; (C) to offer to carry, enter, import, mail, ship, or transport; (D) to receive to carry, enter, import, mail, ship, or transport; (E) to release into the environment; or (F) to allow any of the activities described in a preceding subparagraph. (10) Noxious weed

“moving” applies throughout its chapter

The terms “move”, “moving”, and “movement” mean— (A) to carry, enter, import, mail, ship, or transport; (B) to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting; (C) to offer to carry, enter, import, mail, ship, or transport; (D) to receive to carry, enter, import, mail, ship, or transport; (E) to release into the environment; or (F) to allow any of the activities described in a preceding subparagraph. (10) Noxious weed

“noxious weed” applies throughout its chapter

The term “noxious weed” means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment. (11) Permit

“permit” applies throughout its chapter

The term “permit” means a written or oral authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Secretary. (12) Person

“person” applies throughout its chapter

The term “person” means any individual, partnership, corporation, association, joint venture, or other legal entity. (13) Plant

“plant” applies throughout its chapter

The term “plant” means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed. (14) Plant pest

“plant pest” applies throughout its chapter

The term “plant pest” means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product: (A) A protozoan. (B) A nonhuman animal. (C) A parasitic plant. (D) A bacterium. (E) A fungus. (F) A virus or viroid. (G) An infectious agent or other pathogen. (H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs. (15) Plant product

“plant product” applies throughout its chapter

The term “plant product” means— (A) any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or (B) any manufactured or processed plant or plant part. (16) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (17) State

“State” applies throughout its chapter

The term “State” means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. (18) Systems approach For the purposes of section 7712(e) of this title ,

“systems approach” applies throughout its chapter

the term “systems approach” means a defined set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities. (19) This chapter Except when used in this section,

“this chapter” applies in that section

the term “this chapter” includes any regulation or order issued by the Secretary under the authority of this chapter. (20) United States

“United States” applies in that section

The term “United States” means all of the States.

“early plant pest detection and surveillance” applies in that section

The term “early plant pest detection and surveillance” means the full range of activities undertaken to find newly introduced plant pests, whether the plant pests are new to the United States or new to certain areas of the United States, before— (A) the plant pests become established; or (B) the plant pest infestations become too large and costly to eradicate or control. (2) Specialty crop

“specialty crop” applies in that section

The term “specialty crop” has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note; Public Law 108–465 ). (3) State department of agriculture

“State department of agriculture” applies in that section

The term “State department of agriculture” means an agency of a State that has a legal responsibility to perform early plant pest detection and surveillance activities. (b) Early plant pest detection and surveillance improvement program (1) Cooperative agreements The Secretary shall enter into a cooperative agreement with each State department of agriculture that agrees to conduct early plant pest detection and surveillance activities. (2) Consultation In carrying out this subsection, the Secretary shall consult with— (A) the National Plant Board; and (B) other interested parties. (3) Chapter 10 of title 5 Chapter 10 of title 5 shall not apply to consultations under this subsection.

“Federal lands” applies throughout its subchapter

The term “Federal lands” means those lands owned and managed by the United States Forest Service or the Bureau of Land Management.

“Indian Tribe” applies throughout its subchapter

The term “Indian Tribe” has the meaning given that term in section 5304 of title 25 . (2) Weed management entity

“weed management entity” applies throughout its subchapter

The term “weed management entity” means an entity that— (A) is recognized by the State in which it is established; (B) is established for the purpose of or has demonstrable expertise and significant experience in controlling or eradicating noxious weeds and increasing public knowledge and education concerning the need to control or eradicate noxious weeds; (C) may be multijurisdictional and multidisciplinary in nature; (D) may include representatives from Federal, State, local, or, where applicable, Indian Tribe governments, private organizations, individuals, and State-recognized conservation districts or State-recognized weed management districts; and (E) has existing authority to perform …

“Avocado Board” applies throughout its chapter

The terms “Avocado Board” and “Board” mean the Hass Avocado Board established under section 7804 of this title . (2) Conflict of interest

“Board” applies throughout its chapter

The terms “Avocado Board” and “Board” mean the Hass Avocado Board established under section 7804 of this title . (2) Conflict of interest

“conflict of interest” applies throughout its chapter

The term “conflict of interest” means a situation in which a member or employee of the Board has a direct or indirect financial interest in a person that performs a service for, or enters into a contract with, the Board for anything of economic value. (3) Consumer information

“consumer information” applies throughout its chapter

The term “consumer information” means any action or program that provides information to consumers and other persons on the use, nutritional attributes, and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of Hass avocados. (4) Customs

“Customs” applies throughout its chapter

The term “Customs” means the United States Customs Service. (5) Department

“Department” applies throughout its chapter

The term “Department” means the United States Department of Agriculture. (6) Hass avocado (A) In general

“exempt handler” applies throughout its chapter

The term “exempt handler” means a person who would otherwise be considered a first handler, except that all avocados purchased by the person have already been subject to the assessment under section 7804(h) of this title . (8) Importer

“first handler” applies throughout its chapter

The term “first handler” means a person operating in the Hass avocados marketing system that sells domestic or imported Hass avocados for United States domestic consumption, and who is responsible for remitting assessments to the Board. The term includes an importer or producer who sells directly to consumers Hass avocados that the importer or producer has imported into the United States or produced, respectively. (B) Exempt handler

“Hass avocado” applies throughout its chapter

The term “Hass avocado” includes— (i) the fruit of any Hass variety avocado tree; and (ii) any other type of avocado fruit that the Board, with the approval of the Secretary, determines is so similar to the Hass variety avocado as to be indistinguishable to consumers in fresh form. (B) Form of fruit Except as provided in subparagraph (C), the term includes avocado fruit described in subparagraph (A) whether in fresh, frozen, or any other processed form.

“importer” applies throughout its chapter

The term “importer” means any person who imports Hass avocados into the United States. (9) Industry information

“industry information” applies throughout its chapter

The term “industry information” means information and programs that are designed to increase efficiency in processing, enhance the development of new markets and marketing strategies, increase marketing efficiency, and activities to enhance the image of Hass avocados and the Hass avocado industry domestically. (10) Order

“order” applies throughout its chapter

The term “order” means the Hass avocado promotion, research, and information order issued under this chapter. (11) Person

“person” applies throughout its chapter

The term “person” means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity. (12) Producer

“producer” applies throughout its chapter

The term “producer” means any person who— (A) is engaged in the domestic production of Hass avocados for commercial use; and (B) owns, or shares the ownership and risk of loss, of such Hass avocados. (13) Promotion

“promotion” applies throughout its chapter

The term “promotion” means any action to advance the image, desirability, or marketability of Hass avocados, including paid advertising, sales promotion, and publicity, in order to improve the competitive position and stimulate sales of Hass avocados in the domestic marketplace. (14) Research

“research” applies throughout its chapter

The term “research” means any type of test, study, or analysis relating to market research, market development, and marketing efforts, or relating to the use, quality, or nutritional value of Hass avocados, other related food science research, or research designed to advance the image, desirability, and marketability of Hass avocados. (15) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (16) State

“State” applies throughout its chapter

The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, and the Federated States of Micronesia. (17) United States

“United States” applies throughout its chapter

The term “United States” means the United States collectively.

“importer” applies in that section

the term “importer” means a person who is involved in, as a substantial activity, the importation, sale, and marketing of Hass avocados in the United States (either directly or as an agent, broker, or consignee of any person or nation that produces or handles Hass avocados outside the United States for sale in the United States), and who is subject to assessments under the order. (2) Distribution of appointments (A) In general The order shall provide that the membership of the Board shall consist of the following: (i) Seven members who are domestic producers of Hass avocados and are subject to assessments under the order.

“Agricultural Act of 1949” applies throughout its chapter

The term “Agricultural Act of 1949” means the Agricultural Act of 1949 ( 7 U.S.C. 1421 et seq.), as in effect prior to the suspensions under section 7301 of this title . (2) Base acres The term “base acres”, with respect to a covered commodity on a farm, means the number of acres established under section 7911 of this title with respect to the covered commodity on the election made by the owner of the farm under subsection (a) of such section. (3) Counter-cyclical payment

“counter-cyclical payment” applies throughout its chapter

The term “counter-cyclical payment” means a payment made to producers on a farm under section 7914 of this title . (4) Covered commodity

“covered commodity” applies throughout its chapter

The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, rice, soybeans, and other oilseeds. (5) Direct payment