r/title-7-AGRICULTURE wiki — defined terms

“program” applies in that section

The term “program” means the Vector Expedited Review Voucher program established under clause (ii). (II) Voucher

“qualified small business entity” applies in that section

the term “qualified small business entity” means a corporation, partnership, or unincorporated business that— (I) has 500 or fewer employees; (II) during the 3-year period prior to the most recent maintenance fee billing cycle, had an average annual global gross revenue from all sources that did not exceed $10,000,000; and (III) holds not more than 5 pesticide registrations under this paragraph. (ii) Waiver .— Except as provided in clause (iii), the Administrator shall waive 25 percent of the fee under this paragraph applicable to the first registration of any qualified small business entity under this paragraph.

“small business” applies in that section

the term “small business” means a corporation, partnership, or unincorporated business that— (aa) has 500 or fewer employees; and (bb) during the 3-year period prior to the most recent maintenance fee billing cycle, had an average annual global gross revenue from pesticides that did not exceed $60,000,000. (II) Affiliates.— (aa) In general .— In the case of a business entity with 1 or more affiliates, the gross revenue limit under subclause (I)(bb) shall apply to the gross revenue for the entity and all of the affiliates of the entity, including parents and subsidiaries, if applicable.

“submission not covered by section 136w–8(b)(3)(B) of this title” applies in that section

the term “submission not covered by section 136w–8(b)(3)(B) of this title ” means any submission filed by a registrant with the Administrator relating to a registration that is not covered by a fee table under section 136w–8(b)(3)(B) of this title . (B) Set-aside (i) In general In addition to amounts otherwise available for each of fiscal years 2023 through 2027, the Administrator shall use approximately ⅛ of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities described in clause (ii).

“voucher” applies in that section

The term “voucher” means a voucher— (aa) issued under the program by the Administrator to a pesticide registration applicant that entitles the holder to an expedited review described under clause (vi) of a single different pesticide registration action; and (bb) the entitlement to which may be transferred (including by sale) by the holder of the voucher, without limitation on the number of times the voucher may be transferred, before the voucher is redeemed. (ii) Establishment Not later than one year after December 29, 2022 , the Administrator, acting though the Office of Pesticide Programs, shall establish a program to be known as the Vector Expedited Review Voucher program.

“peer review” applies in that section

the term “peer review” shall mean an independent evaluation by scientific experts, either within or outside the Environmental Protection Agency, in the appropriate disciplines.

“covered functions” applies in that section

the term “covered functions” means functions of the Office of Pesticide Programs of the Environmental Protection Agency, as identified in key programs and projects of the final operating plan for the Environmental Protection Agency submitted as part of the budget process for fiscal year 2002, regardless of any subsequent transfer of 1 or more of the functions to another office or agency or the subsequent transfer of a new function to the Office of Pesticide Programs.

“agricultural product” applies throughout its chapter

The term “agricultural product” means any fresh fruit or vegetable or any commodity or product derived from livestock or fowl, that is marketed in the United States for human consumption. (2) Certificate

“certificate” applies throughout its chapter

The term “certificate” means a certificate of accreditation issued under this chapter. (3) Laboratory

“laboratory” applies throughout its chapter

The term “laboratory” means any facility or vehicle that is owned by an individual or a public or private entity and is equipped and operated for the purpose of carrying out pesticide residue analysis on agricultural products for commercial purposes. (4) Pesticide

“pesticide” applies throughout its chapter

The term “pesticide” means any substance that alone, in chemical combination, or in any formulation with one or more substances, is defined as a pesticide in section 136(u) of this title . (5) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture.

“commercialization” applies throughout its subchapter

The term “commercialization” means the stage in the development or advancement of a technology at which point private enterprise is willing to invest in a full-scale production facility.;

“native” applies throughout its subchapter

The term “native” means hydrocarbon-containing plants and other agricultural crops of strategic and industrial importance which may be cultured in North America, especially plants which are members of the genus Parthenium known as Guayule.

“Secretaries” applies throughout its subchapter

The term “Secretaries” means the Secretary of Agriculture and/or the Secretary of Commerce acting each separately or jointly.;

“State” applies throughout its subchapter

The term “State” means each of the fifty States, the District of Columbia, and the Commonwealth of Puerto Rico.;

“commerce” applies throughout its chapter

The term “commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. (12) Swine contractor .—

“live poultry dealer” applies throughout its chapter

The term “live poultry dealer” means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and;

“livestock” applies throughout its chapter

The term “livestock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead;

“livestock products” applies throughout its chapter

The term “livestock products” means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock;

“meat food products” applies throughout its chapter

The term “meat food products” means all products and byproducts of the slaughtering and meat-packing industry—if edible;

“person” applies throughout its chapter

The term “person” includes individuals, partnerships, corporations, and associations;

“poultry” applies throughout its chapter

The term “poultry” means chickens, turkeys, ducks, geese, and other domestic fowl;

“poultry grower” applies throughout its chapter

The term “poultry grower” means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry;

“poultry growing arrangement” applies throughout its chapter

The term “poultry growing arrangement” means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another’s instructions, for slaughter;

“poultry product” applies throughout its chapter

The term “poultry product” means any product or byproduct of the business of slaughtering poultry and processing poultry after slaughter;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture;

“swine contractor” applies throughout its chapter

The term “swine contractor” means any person engaged in the business of obtaining swine under a swine production contract for the purpose of slaughtering the swine or selling the swine for slaughter, if— (A) the swine is obtained by the person in commerce; or (B) the swine (including products from the swine) obtained by the person is sold or shipped in commerce. (13) Swine production contract .—

“swine production contract” applies throughout its chapter

The term “swine production contract” means any growout contract or other arrangement under which a swine production contract grower raises and cares for the swine in accordance with the instructions of another person. (14) Swine production contract grower .—

“swine production contract grower” applies throughout its chapter

The term “swine production contract grower” means any person engaged in the business of raising and caring for swine in accordance with the instructions of another person.

“packer” applies throughout its chapter

the term “packer” means any person engaged in the business (a) of buying livestock in commerce for purposes of slaughter, or (b) of manufacturing or preparing meats or meat food products for sale or shipment in commerce, or (c) of marketing meats, meat food products, or livestock products in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce.

“market” applies throughout its part

The term “market” means the sale or disposition of swine, pork, or pork products in commerce. (2) Packer

“packer” applies throughout its part

The term “packer” has the meaning given the term in section 1635i of this title . (3) Pork

“pork” applies throughout its part

The term “pork” means the meat of a porcine animal. (4) Pork product

“pork product” applies throughout its part

The term “pork product” means a product or byproduct produced or processed in whole or in part from pork. (5) State

“State” applies throughout its part

The term “State” means each of the 50 States. (6) Swine

“swine” applies throughout its part

The term “swine” means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter. (7) Type of contract

“type of contract” applies throughout its part

The term “type of contract” means the classification of contracts or risk management agreements for the purchase of swine by— (A) the mechanism used to determine the base price for swine committed to a packer, grouped into practicable classifications by the Secretary (including swine or pork market formula purchases, other market formula purchases, and other purchase arrangements); and (B) the presence or absence of an accrual account or ledger that must be repaid by the producer or packer that receives the benefit of the contract pricing mechanism in relation to negotiated prices.

“packer” applies in that section

the term “packer” has the meaning given the term in section 191 of this title . (b) Report Not later than 90 days after October 22, 1999 , the Comptroller General of the United States shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the jurisdiction, powers, duties, and authorities of the Secretary that relate to packers and other persons involved in procuring, slaughtering, or processing swine, pork, or pork products that are covered by this Act and other laws, including— (1) the Federal Trade Commission Act ( 15 U.S.C.

“dealer” applies throughout its chapter

The term “dealer” means any person, not a market agency, engaged in the business of buying or selling in commerce livestock, either on his own account or as the employee or agent of the vendor or purchaser.

“market agency” applies throughout its chapter

The term “market agency” means any person engaged in the business of (1) buying or selling in commerce livestock on a commission basis or (2) furnishing stockyard services. Beginning on October 7, 2016 , such term includes any person who engages in the business of buying or selling livestock, on a commission or other fee basis, through the use of online, video, or other electronic methods when handling or providing the means to handle receivables or proceeds from such buying or selling, so long as such person’s annual average of online, video, or electronic sales of livestock, on a commission or other fee basis, exceeds $250,000.;

“stockyard owner” applies throughout its chapter

The term “stockyard owner” means any person engaged in the business of conducting or operating a stockyard.;

“stockyard services” applies throughout its chapter

The term “stockyard services” means services or facilities furnished at a stockyard in connection with the receiving, buying, or selling on a commission basis or otherwise, marketing, feeding, watering, holding, delivery, shipment, weighing, or handling in commerce, of livestock.;

“stockyard” applies throughout its subchapter

the term “stockyard” means any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce.

“geographic area within a State” applies throughout its chapter

the term “geographic area within a State” means a special purpose district or other region recognized for governmental purposes within such State which is not a unit of local government.

“unit of local government” applies throughout its chapter

the term “unit of local government” means a county, municipality, town, township, village, or other unit of general government below the State level; and;

“processor” applies in that section

The term “processor” means any person engaged in the business of obtaining livestock or poultry for the purpose of slaughtering the livestock or poultry. (b) No prohibition of discussion Notwithstanding a provision in any contract between a producer and a processor for the production of livestock or poultry, or in any marketing agreement between a producer and a processor for the sale of livestock or poultry for a term of 1 year or more, that provides that information contained in the contract is confidential, a party to the contract shall not be prohibited from discussing any terms or details of the contract with— (1) a Federal or State agency; (2) a legal adviser to the party; (3) a …

“producer” applies in that section

The term “producer” means any person engaged in the raising and caring for livestock or poultry for slaughter. (2) Processor

“agricultural product” applies throughout its chapter

The term “agricultural product” means an agricultural commodity, as determined by the Secretary, including a processed product of an agricultural commodity. (2) Approval

“approval” applies throughout its chapter

The term “approval” means the consent provided by the Secretary for a person to engage in an activity authorized by this chapter. (3) Department

“Department” applies throughout its chapter

The term “Department” means the Department of Agriculture. (4) Electronic document

“electronic document” applies throughout its chapter

The term “electronic document” means a document that is generated, sent, received, or stored by electronic, optical, or similar means, including electronic data interchange, electronic mail, telegram, telex, or telecopy. (5) Electronic receipt

“electronic receipt” applies throughout its chapter

The term “electronic receipt” means a receipt that is authorized by the Secretary to be issued or transmitted under this chapter in the form of an electronic document. (6) Holder

“holder” applies throughout its chapter

The term “holder” means a person that has possession in fact or by operation of law of a receipt or any electronic document. (7) Person

“person” applies throughout its chapter

The term “person” means— (A) a person (as defined in section 1 of title 1 ); (B) a State; and (C) a political subdivision of a State. (8) Receipt

“receipt” applies throughout its chapter

The term “receipt” means a warehouse receipt issued in accordance with this chapter, including an electronic receipt. (9) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (10) Warehouse

“warehouse” applies throughout its chapter

The term “warehouse” means a structure or other approved storage facility, as determined by the Secretary, in which any agricultural product may be stored or handled for the purposes of interstate or foreign commerce. (11) Warehouse operator

“warehouse operator” applies throughout its chapter

The term “warehouse operator” means a person that is lawfully engaged in the business of storing or handling agricultural products.

“honeybee” applies throughout its chapter

the term “honeybee” means all life stages and the germ plasm of honeybees of the genus Apis, except honeybee semen.

“solar energy” applies throughout its subchapter

the term “solar energy” means energy derived from sources (other than fossil fuels) and technologies included in the Federal Non-Nuclear 1 Energy Research and Development Act of 1974, as amended [ 42 U.S.C. 5901 et seq.].

“State” applies in that section

The term “State” means the States of the Union, Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands.

“State agricultural experiment station” applies in that section

the term “State agricultural experiment station” means a department which shall have been established, under direction of the college or university or agricultural departments of the college or university in each State in accordance with an Act approved July 2, 1862 , ( 12 Stat. 503 ), entitled “An Act donating public lands to the several States and Territo­ries which may provide colleges for the benefit of agriculture and the mechanic arts” [ 7 U.S.C. 301 et seq.]; or such other substantially equivalent arrangements as any State shall determine.

“agricultural research facility” applies throughout its subchapter

The term “agricultural research facility” means a proposed facility for research in food and agricultural sciences for which Federal funds are requested by an entity eligible to receive funds under a capacity and infrastructure program (as defined in section 6971(f)(1)(C) of this title ) to assist in the construction, alteration, acquisition, modernization, renovation, or remodeling of the facility. (2) Congressional agriculture committees

“congressional agriculture committees” applies throughout its subchapter

The term “congressional agriculture committees” means the Committee on Appropriations and the Committee on Agriculture of the House of Representatives and the Committee on Appropriations and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (3) Food and agricultural sciences

“food and agricultural sciences” applies throughout its subchapter

The term “food and agricultural sciences” has the meaning given that term in section 3103 of this title . (4) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Agriculture.

“agricultural products” applies throughout its chapter

the term “agricultural products” means agricultural, horticultural, viticultural, and dairy products, livestock and the products thereof, the products of poultry and bee raising, the edible products of forestry, and any and all products raised or produced on farms and processed or manufactured products thereof, transported or intended to be transported in interstate and/or foreign commerce.

“broker” applies throughout its chapter

The term “broker” means any person engaged in the business of negotiating sales and purchases of any perishable agricultural commodity in interstate or foreign commerce for or on behalf of the vendor or the purchaser, respectively, except that no person shall be deemed to be a “broker” if such person is an independent agent negotiating sales for and on behalf of the vendor and if the only sales of such commodities negotiated by such person are sales of frozen fruits and vegetables having an invoice value not in excess of $230,000 in any calendar year.

“collateral fees and expenses” applies throughout its chapter

The term “collateral fees and expenses” means any promotional allowances, rebates, service or materials fees paid or provided, directly or indirectly, in connection with the distribution or marketing of any perishable agricultural commodity.

“commission merchant” applies throughout its chapter

The term “commission merchant” means any person engaged in the business of receiving in interstate or foreign commerce any perishable agricultural commodity for sale, on commission, or for or on behalf of another.;

“dealer” applies throughout its chapter

The term “dealer” means any person engaged in the business of buying or selling in wholesale or jobbing quantities, as defined by the Secretary, any perishable agricultural commodity in interstate or foreign commerce, except that (A) no producer shall be considered as a “dealer” in respect to sales of any such commodity of his own raising; (B) no person buying any such commodity solely for sale at retail shall be considered as a “dealer” until the invoice cost of his purchases of perishable agricultural commodities in any calendar year are in excess of $230,000; and (C) no person buying any commodity other than potatoes for canning and/or processing within the State where grown shall be …

“employ” applies throughout its chapter

The terms “employ” and “employment” mean any affiliation of any person with the business operations of a licensee, with or without compensation, including ownership or self-employment.;

“employment” applies throughout its chapter

The terms “employ” and “employment” mean any affiliation of any person with the business operations of a licensee, with or without compensation, including ownership or self-employment.;

“grocery wholesaler” applies throughout its chapter

The term “grocery wholesaler” means a person that is a dealer primarily engaged in the full-line wholesale distribution and resale of grocery and related nonfood items (such as perishable agricultural commodities, dry groceries, general merchandise, meat, poultry, and seafood, and health and beauty care items) to retailers. However, such term does not include a person described in the preceding sentence if the person is primarily engaged in the wholesale distribution and resale of perishable agricultural commodities rather than other grocery and related nonfood items.;

“interstate or foreign commerce” applies throughout its chapter

The term “interstate or foreign commerce” means commerce between any State or Territory, or the District of Columbia and any place outside thereof; or between points within the same State or Territory, or the District of Columbia but through any place outside thereof; or within the District of Columbia.;

“perishable agricultural commodity” applies throughout its chapter

The term “perishable agricultural commodity”— (A) Means any of the following, whether or not frozen or packed in ice: Fresh fruits and fresh vegetables of every kind and character; and (B) Includes cherries in brine as defined by the Secretary in accordance with trade usages.;

“person” applies throughout its chapter

The term “person” includes individuals, partnerships, corporations, and associations.;

“responsibly connected” applies throughout its chapter

The term “responsibly connected” means affiliated or connected with a commission merchant, dealer, or broker as (A) partner in a partnership, or (B) officer, director, or holder of more than 10 per centum of the outstanding stock of a corporation or association.

“retailer” applies throughout its chapter

The term “retailer” means a person that is a dealer engaged in the business of selling any perishable agricultural commodity at retail.;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture.;

“Agricultural Act of 1949” applies throughout its subchapter

The term “Agricultural Act of 1949” means the Agricultural Act of 1949 ( 7 U.S.C. 1421 et seq.), as in effect on the day before October 22, 2004 . (2) Agricultural Adjustment Act of 1938

“Agricultural Adjustment Act of 1938” applies throughout its subchapter

The term “Agricultural Adjustment Act of 1938” means the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1281 et seq.), as in effect on the day before October 22, 2004 . (3) Considered planted

“considered planted” applies throughout its subchapter

The term “considered planted” means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary. (4) Contract

“contract” applies throughout its subchapter

The term “contract” means a contract entered into under section 518a or 518b of this title. (5) Contract payment

“contract payment” applies throughout its subchapter

The term “contract payment” means a payment made under section 518a or 518b of this title pursuant to a contract. (6) Producer of quota tobacco

“producer of quota tobacco” applies throughout its subchapter

The term “producer of quota tobacco” means an owner, operator, landlord, tenant, or sharecropper that shared in the risk of producing tobacco on a farm where tobacco was produced or considered planted pursuant to a tobacco farm poundage quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq.).

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Agriculture.

“tobacco” applies throughout its subchapter

The term “tobacco” means each of the following kinds of tobacco: (A) Flue-cured tobacco, comprising types 11, 12, 13, and 14. (B) Fire-cured tobacco, comprising types 22 and 23. (C) Dark air-cured tobacco, comprising types 35 and 36. (D) Virginia sun-cured tobacco, comprising type 37. (E) Virginia fire-cured tobacco, comprising type 21. (F) Burley tobacco, comprising type 31. (G) Cigar-filler and cigar-binder tobacco, comprising types 42, 43, 44, 53, 54, and 55. (9) Tobacco quota holder

“tobacco quota holder” applies throughout its subchapter

The term “tobacco quota holder” means a person that was an owner of a farm, as of October 22, 2004 , for which a basic tobacco farm marketing quota or farm acreage allotment for quota tobacco was established for the 2004 tobacco marketing year. (10) Tobacco Trust Fund

“Tobacco Trust Fund” applies throughout its subchapter

The term “Tobacco Trust Fund” means the Tobacco Trust Fund established under section 518e of this title . (11) Secretary

“gross domestic volume” applies in that section

The term “gross domestic volume” means the volume of tobacco products— (A) removed (as defined by section 5702 of title 26 ); and (B) not exempt from tax under chapter 52 of title 26 at the time of their removal under that chapter or the Harmonized Tariff Schedule of the United States. (3) Market share

“market share” applies in that section

The term “market share” means the share of each manufacturer or importer of a class of tobacco product (expressed as a decimal to the fourth place) of the total volume of domestic sales of the class of tobacco product during the base period for a fiscal year for an assessment under this section.

“apples” applies throughout its chapter

The term “apples” means fresh whole apples, whether or not the apples have been in storage.;

“bulk container” applies throughout its chapter

The term “bulk container” means a container that contains a quantity of apples weighing more than 100 pounds.

“foreign commerce” applies throughout its chapter

the term “foreign commerce” means commerce between any State, or the District of Columbia, and any place outside of the United States or its possessions.;

“person” applies throughout its chapter

The term “person” includes individuals, partnerships, corporations, and associations.;

“Secretary of Agriculture” applies throughout its chapter

The term “Secretary of Agriculture” means the Secretary of Agriculture of the United States. (3) Except as provided herein,

“foreign commerce” applies throughout its chapter

the term “foreign commerce” means commerce between any State, or the District of Columbia, and any place outside of the United States or its possessions.;

“grapes” applies throughout its chapter

The term “grapes” means vinifera species table grapes, European type, whether or not they have been in storage.;

“person” applies throughout its chapter

The term “person” includes individuals, partnerships, corporations, and associations.;

“plums” applies throughout its chapter

The term “plums” means both European and Japanese type, whether or not they have been in storage, but does not mean Italian-type prunes, nor damson-type plums.

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (3) Except as provided herein,

“foreign person” applies in that section

the term “foreign person” has the meaning given such term under section 3508(3) of this title . (ii) The Secretary of Agriculture shall prescribe regulations to carry out this subparagraph. 4 (iii) This subparagraph 4 shall not apply with respect to any dairy that began operation before May 6, 1986 . (L) Providing that adjustments in payments by handlers under paragraph (A) need not be the same as adjustments to producers under paragraph (B) with regard to adjustments authorized by subparagraphs (2) and (3) of paragraph (A) and clauses (b), (c), and (d) of paragraph (B)(ii).

“beet molasses” applies throughout its chapter

The term “beet molasses” means the commercially so-designated “byproduct” of the beet-sugar industry, not used for human consumption or for the extraction of sugar.;

“blackstrap molasses” applies throughout its chapter

The term “blackstrap molasses” means the commercially so-designated “byproduct” of the cane-sugar industry, not used for human consumption or for the extraction of sugar.;

“cooperating producer” applies throughout its chapter

The term “cooperating producer” means any person (including any share-tenant or share-cropper) whom the Secretary of Agriculture finds to be willing to participate in the 1935 production-adjustment program for rice. (D) The term “processor”, as used in subsection (b–1) of section 615 of this title , means any person (including a cooperative association of producers) engaged in the processing of rice on a commercial basis (including custom milling for toll as well as commercial milling). (8) In the case of any other commodity,

“direct-consumption sugar” applies throughout its chapter

The term “direct-consumption sugar” means any sugar, as defined above, manufactured or marketed in, or brought into, the United States in any form whatsoever, for any purpose other than to be further refined (or improved in quality, or further prepared for distribution or use).;

“first domestic processing” applies throughout its chapter

The term “first domestic processing” means each domestic processing, including each processing of successive domestic processings, of sugar beets, sugarcane, or raw sugar, which directly results in direct-consumption sugar.;

“processing” applies throughout its chapter

the term “processing” means the milling or other processing (except cleaning and drying) of wheat, rye, barley or corn for market, including custom milling for toll as well as commercial milling, but shall not include the grinding or cracking thereof not in the form of flour for feed purposes only. (2) In case of cotton,

“raw sugar” applies throughout its chapter

The term “raw sugar” means any sugar, as defined above, manufactured or marketed in, or brought into, the United States, in any form whatsoever, for the purpose of being, or which shall be, further refined (or improved in quality, or further prepared for distribution or use).;

“raw value” applies throughout its chapter

The term “raw value” means a standard unit of sugar testing ninety-six sugar degrees by the polariscope. All taxes shall be imposed and all quotas shall be established in terms of “raw value” and for purposes of quota and tax measurements all sugar shall be translated into terms of “raw value” according to regulations to be issued by the Secretary, except that in the case of direct-consumption sugar produced in continental United States from sugar beets the raw value of such sugar shall be one and seven one-hundredths times the weight thereof. (7) In the case of rice—;

“rough rice” applies throughout its chapter

The term “rough rice” means rice in that condition which is usual and customary when delivered by the producer to a processor.;

“sugar” applies throughout its chapter

The term “sugar” means sugar in any form whatsoever, derived from sugar beets or sugarcane, whether raw sugar or direct-consumption sugar, including also edible molasses, sirups, and any mixture containing sugar (except blackstrap molasses and beet molasses).;

“interstate or foreign commerce” applies throughout its chapter

The term “interstate or foreign commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia.

“basic agricultural commodity” applies throughout its chapter

the term “basic agricultural commodity” means wheat, rye, flax, barley, cotton, field corn, grain sorghums, hogs, cattle, rice, potatoes, tobacco, sugar beets and sugarcane, peanuts, and milk and its products, and any regional or market classification, type, or grade thereof; but the Secretary of Agriculture shall exclude from the operation of the provisions of this chapter, during any period, any such commodity or classification, type, or grade thereof if he finds, upon investigation at any time and after due notice and opportunity for hearing to interested parties, that the conditions of production, marketing, and consumption are such that during such period this chapter can not be …

“potatoes” applies throughout its chapter

the term “potatoes” means all varieties of potatoes included in the species Solanum tuberosum.

“section 32” applies in that section

the term “section 32” means section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ). (b) Transfer to Food and Nutrition Service (1) In general Amounts made available for a fiscal year to carry out section 32 in excess of the maximum amount calculated under paragraph (2) shall be transferred to the Secretary, acting through the Administrator of the Food and Nutrition Service, to be used to carry out the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) 1 except section 21 [ 42 U.S.C. 1769b–1 ], and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.), except sections 17 and 21 [ 42 U.S.C. 1786 , 1790]”.

“product” applies in that section

The term “product” includes any product exported as merchandise, or as a container for merchandise, or otherwise. (b) Upon the giving of bond satisfactory to the Secretary of the Treasury for the faithful observance of the provisions of this chapter requiring the payment of taxes, any person shall be entitled, without payment of the tax, to process for such exportation any commodity with respect to which a tax is imposed by this chapter, or to hold for such exportation any article processed wholly or partly therefrom.

“farm” applies throughout its chapter

The term “farm” means a farm, as defined by the Bureau of the Census. (2) Indian tribe

“Indian tribe” applies throughout its chapter

The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (3) Rural area Except as provided otherwise in this chapter,

“rural area” applies throughout its chapter

the term “rural area” means the farm and nonfarm population of— (A) any area described in section 1991(a)(13)(C) of this title ; and (B) any area within a service area of a borrower for which a borrower has an outstanding loan made under subchapters I through V as of the date of enactment of this paragraph. (4) Territory

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture.

“territory” applies throughout its chapter

The term “territory” includes any insular possession of the United States. (5) Secretary

“rural development program” applies in that section

the term “rural development program” means the following: (1) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 375 1 and subtitle E [ 7 U.S.C. 2009 et seq.] of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1924(b) , 1926, 1926a, 1926c, 1926d, and 1932). (2) Subtitle G 1 of title XVI and sections 2281 [ 42 U.S.C. 5177a ], 2333, and 2381 [ 7 U.S.C. 950aaa–2 , 3125b] of the Food, Agriculture, Conservation, and Trade Act of 1990. (3) Subtitle C of title IX of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 ( Public Law 102–237 ; 7 U.S.C. 5930 note). (4) Section 1323(b) of the Food Security Act of 1985 ( Public Law 99–198 ; 7 U.S.C. 1932 note).

“eligible grantee” applies in that section

The term “eligible grantee” means a local government or municipality, peoples’ utility district, irrigation district, and cooperative, nonprofit, or limited-dividend association in a rural area.;

“incremental hydropower” applies in that section

The term “incremental hydropower” means additional generation achieved from increased efficiency after January 1, 2005 , at a hydroelectric dam that was placed in service before January 1, 2005 .;

“renewable energy” applies in that section

The term “renewable energy” means electricity generated from— (A) a renewable energy source; or (B) hydrogen, other than hydrogen produced from a fossil fuel, that is produced from a renewable energy source.;

“renewable energy source” applies in that section

The term “renewable energy source” means— (A) wind; (B) ocean waves; (C) biomass; (D) solar; (E) landfill gas; (F) incremental hydropower; (G) livestock methane; or (H) geothermal energy.;

“rural area” applies in that section

The term “rural area” means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants. (b) Grants The Secretary, in consultation with the Secretary of Agriculture and the Secretary of the Interior, may provide grants under this section to eligible grantees for the purpose of— (1) increasing energy efficiency, siting or upgrading transmission and distribution lines serving rural areas; or (2) providing or modernizing electric generation facilities that serve rural areas.

“qualified telephone borrower” applies in that section

the term “qualified telephone borrower” means a person— (1) to whom a telephone loan has been made or guaranteed under this chapter; and (2) whose net worth is at least 20 percent of the total assets of such person.

“direct loan” applies in that section

The term “direct loan” means a loan made under section 904 of this title . (B) Insured loan

“insured loan” applies in that section

The term “insured loan” means a loan made under section 935 of this title . (b) Mergers of electric borrowers Notwithstanding subsection (a), a direct or insured loan may be prepaid by an electric borrower at the lesser of the outstanding principal balance due thereon or the present value thereof discounted from the face value at maturity at the rate set by the Secretary if the borrower is an electrical organization which resulted from a merger or consolidation between a borrower and an organization which, prior to October 1, 1987 , prepaid its direct or insured loans pursuant to this section.

“eligible program” applies in that section

The term “eligible program” means a program administered by the Rural Utilities Service and authorized in— (A) this chapter; or (B) paragraph (1), (2), (14), (22), or (24) of section 1926(a) of this title or section 1926a, 1926c, 1926d, or 1926e of this title. (2) Substantially underserved trust area

“substantially underserved trust area” applies in that section

The term “substantially underserved trust area” means a community in “trust land” (as defined in section 3765 of title 38 ) with respect to which the Secretary determines has a high need for the benefits of an eligible program. (b) Initiative The Secretary, in consultation with local governments and Federal agencies, may implement an initiative to identify and improve the availability of eligible programs in communities in substantially underserved trust areas.

“renewable energy source” applies in that section

the term “renewable energy source” means an energy conversion system fueled from a solar, wind, hydropower, biomass, or geothermal source of energy. (b) Loans In addition to any other funds or authorities otherwise made available under this chapter, the Secretary may make electric loans under this subchapter for electric generation from renewable energy resources for resale to rural and nonrural residents. (c) Rate The rate of a loan under this section shall be equal to the average tax-exempt municipal bond rate of similar maturities.

“cybersecurity and grid security improvements” applies in that section

the term “cybersecurity and grid security improvements” means investment in the development, expansion, and modernization of rural utility infrastructure that addresses known cybersecurity and grid security risks. (b) Loans and loan guarantees The Secretary may make or guarantee loans under this subchapter and subchapter I for cybersecurity and grid security improvements.

“construct” applies throughout its chapter

The term “construct” means to construct, acquire, install, improve, or extend a facility or system. (2) Cost of money loan

“cost of money loan” applies throughout its chapter

The term “cost of money loan” means a loan made under this chapter bearing interest at a rate equal to the then current cost to the Federal Government of loans of similar maturity. (3) Secretary

“rural area” applies throughout its chapter

The term “rural area” has the meaning given the term in section 950bb(b)(3) of this title .

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (4) Rural area

“broadband buildout requirement” applies in that section

The term “broadband buildout requirement” means the level of internet service an applicant receiving assistance under this section must agree, at the time the application is finalized, to provide for the duration of any project-related agreement between the applicant and the Department. (B) Broadband buildout requirements further defined Subject to subparagraph (C), the Secretary shall establish broadband buildout requirements for projects with agreement lengths of— (i) 5 to 10 years; (ii) 11 to 15 years; (iii) 16 to 20 years; and (iv) more than 20 years.

“broadband service” applies in that section

The term “broadband service” means any technology identified by the Secretary as having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics, and video. (2) Incumbent service provider The term “incumbent service provider”, with respect to an application submitted under this section, means an entity that, as of the date of submission of the application, is providing broadband service to not less than 5 percent of the households in the service territory proposed in the application. (3) Rural area (A) In general

“development costs” applies in that section

the term “development costs” means costs of— (i) construction, including labor and materials; (ii) project applications; and (iii) other development activities, as determined by the Secretary. (B) Eligibility To be eligible for a grant under this section, in addition to the requirements of subsection (d), the project that is the subject of the grant shall— (i) be carried out in a proposed service territory in which not less than 90 percent of the households are unserved; and (ii) not concurrently receive any other broadband grant administered by the Rural Utilities Service.

“rural area” applies in that section

The term “rural area” means any area other than— (i) an area described in clause (i) or (ii) of section 1991(a)(13)(A) of this title ; and (ii) in the case of a grant or direct loan, a city, town, or incorporated area that has a population of greater than 20,000 inhabitants. (B) Urban area growth The Secretary may, by regulation only, consider an area described in section 1991(a)(13)(F)(i)(I) of this title to not be a rural area for purposes of this section. (C) Exclusion of certain populations Such term does not include any population described in subparagraph (H) or (I) of section 1991(a)(13) of this title .

“middle mile infrastructure” applies in that section

the term “middle mile infrastructure” means any broadband infrastructure that does not connect directly to end-user locations (including anchor institutions) and may include interoffice transport, backhaul, Internet connectivity, data centers, or special access transport to rural areas. (c) Grants, loans, and loan guarantees The Secretary shall make grants, loans, and loan guarantees to eligible applicants described in subsection (d) to provide funds for the construction, improvement, or acquisition of middle mile infrastructure to serve rural areas.

“rural area” applies in that section

the term “rural area” has the meaning provided in section 950bb(b)(3) of this title . (c) Eligibility To be eligible to obtain assistance under this section for a project, an entity shall— (1) submit to the Secretary an application— (A) that describes a project designed to decrease the cost of broadband deployment, and substantially increase broadband speed to not less than the maximum 1 broadband buildout requirements established under section 950bb(e)(4) of this title , in a rural area to be served by the project; and (B) at such time, in such manner, and containing such other information as the Secretary may require; (2) demonstrate that the entity is able to carry out the project; and …

“eligible broadband service” applies in that section

The term “eligible broadband service” means broadband service that has the capability to transmit data at a speed specified by the Secretary, which may not be less than the applicable minimum download and upload speeds established by the Federal Communications Commission in defining the term “advanced telecommunications capability” for purposes of section 1302 of title 47 . (2) Eligible service area

“eligible entity” applies in that section

The term “eligible entity” means a legally organized entity that— (i) is— (I) an incorporated organization; (II) an Indian Tribe or Tribal organization; (III) a State; (IV) a unit of local government; or (V) any other legal entity, including a cooperative, a private corporation, or a limited liability company, that is organized on a for-profit or a not-for-profit basis; and (ii) has the legal capacity and authority to enter into a contract, to comply with applicable Federal laws, and to own and operate broadband facilities, as proposed in the application submitted by the entity for a grant under the Program.

“eligible service area” applies in that section

The term “eligible service area” means an area in which broadband service capacity is less than— (A) a 10-Mbps downstream transmission capacity; and (B) a 1-Mbps upstream transmission capacity. (3) Eligible entity (A) In general