r/title-7-AGRICULTURE wiki — defined terms
The statute’s own glossary: every term Title 7 defines, in section order.
“central filing system” applies in that section
The term “central filing system” means a system for filing effective financing statements or notice of such financing statements on a statewide basis and which has been certified by the Secretary of the United States Department of Agriculture; the Secretary shall certify such system if the system complies with the requirements of this section; specifically under such system— (A) effective financing statements or notice of such financing statements are filed with the office of the Secretary of State of a State; (B) the Secretary of State records the date and hour of the filing of such statements; (C) the Secretary of State compiles all such statements into a master list— (i) organized …
“commission merchant” applies in that section
The term “commission merchant” means any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person.;
“effective financing statement” applies in that section
The term “effective financing statement” means a statement that— (A) is an original or reproduced copy of the statement, or, in the case of a State which (under the applicable State law provisions of the Uniform Commercial Code) allows the electronic filing of financing statements without the signature of the debtor, is an electronically reproduced copy of the statement; (B) other than in the case of an electronically reproduced copy of the statement, is signed, authorized, or otherwise authenticated by the debtor, and filed with the Secretary of State of a State by the secured party; (C) contains, (i) the name and address of the secured party; (ii) the name and address of the person …
“farm product” applies in that section
The term “farm product” means an agricultural commodity such as wheat, corn, soybeans, or a species of livestock such as cattle, hogs, sheep, horses, or poultry used or produced in farming operations, or a product of such crop or livestock in its unmanufactured state (such as ginned cotton, wool-clip, maple syrup, milk, and eggs), that is in the possession of a person engaged in farming operations.;
“knowledge” applies in that section
The term “knows” or “knowledge” means actual knowledge.;
“knows” applies in that section
The term “knows” or “knowledge” means actual knowledge.;
“person” applies in that section
The term “person” means any individual, partnership, corporation, trust, or any other business entity.;
“Secretary of State” applies in that section
The term “Secretary of State” means the Secretary of State or the designee of the State. (5) 3
“security interest” applies in that section
The term “security interest” means an interest in farm products that secures payment or performance of an obligation.;
“selling agent” applies in that section
The term “selling agent” means any person, other than a commission merchant, who is engaged in the business of negotiating the sale and purchase of any farm product on behalf of a person engaged in farming operations.;
“State” applies in that section
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.;
“Program” applies in that section
The term “Program” means the Agriculture Innovation Center Demonstration Program established under subsection (c). (2) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Agriculture. (c) Establishment of Program The Secretary shall establish a demonstration program, to be known as the “Agriculture Innovation Center Demonstration Program” under which the Secretary shall— (1) make grants to assist eligible entities in establishing Agriculture Innovation Centers to enable agricultural producers to obtain the assistance described in subsection (a); and (2) provide assistance to eligible entities in establishing Agriculture Innovation Centers through the research and technical services of the Department of Agriculture.
“maple-sugaring” applies in that section
the term “maple-sugaring” means the collection of sap from any species of tree in the genus Acer for the purpose of boiling to produce food. (e) Regulations The Secretary of Agriculture shall promulgate such regulations as are necessary to carry out this section. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2023.
“dairy business” applies in that section
The term “dairy business” means a business that develops, produces, markets, or distributes dairy products. (2) Initiative
“initiative” applies in that section
The term “initiative” means a dairy product and business innovation initiative established under subsection (b). (b) Establishment The Secretary shall establish not less than 3 regionally-located dairy product and business innovation initiatives for the purposes of— (1) diversifying dairy product markets to reduce risk and develop higher-value uses for dairy products; (2) promoting business development that diversifies farmer income through processing and marketing innovation; and (3) encouraging the use of regional milk production.
“base price” applies throughout its subchapter
The term “base price” means the price paid for livestock, delivered at the packing plant, before application of any premiums or discounts, expressed in dollars per hundred pounds of carcass weight. (2) Basis level
“basis level” applies throughout its subchapter
The term “basis level” means the agreed-on adjustment to a future price to establish the final price paid for livestock. (3) Current slaughter week
“current slaughter week” applies throughout its subchapter
The term “current slaughter week” means the period beginning Monday, and ending Sunday, of the week in which a reporting day occurs. (4) F.O.B.
“F.O.B.” applies throughout its subchapter
The term “F.O.B.” means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer. (5) Livestock
“livestock” applies throughout its subchapter
The term “livestock” means cattle, swine, and lambs. (6) Lot
“lot” applies throughout its subchapter
The term “lot” means a group of one or more livestock that is identified for the purpose of a single transaction between a buyer and a seller. (7) Marketing
“marketing” applies throughout its subchapter
The term “marketing” means the sale or other disposition of livestock, livestock products, or meat or meat food products in commerce. (8) Negotiated purchase
“negotiated purchase” applies throughout its subchapter
The term “negotiated purchase” means a cash or spot market purchase by a packer of livestock from a producer under which— (A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and (B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer. (9) Negotiated sale
“negotiated sale” applies throughout its subchapter
The term “negotiated sale” means a cash or spot market sale by a producer of livestock to a packer under which— (A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and (B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer. (10) Prior slaughter week
“prior slaughter week” applies throughout its subchapter
The term “prior slaughter week” means the Monday through Sunday prior to a reporting day. (11) Producer
“producer” applies throughout its subchapter
The term “producer” means any person engaged in the business of selling livestock to a packer for slaughter (including the sale of livestock from a packer to another packer). (12) Reporting day
“reporting day” applies throughout its subchapter
The term “reporting day” means a day on which— (A) a packer conducts business regarding livestock committed to the packer, or livestock purchased, sold, or slaughtered by the packer; (B) the Secretary is required to make information concerning the business described in subparagraph (A) available to the public; and (C) the Department of Agriculture is open to conduct business. (13) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Agriculture. (14) State
“State” applies throughout its subchapter
The term “State” means each of the 50 States.
“cattle committed” applies throughout its part
The term “cattle committed” means cattle that are scheduled to be delivered to a packer within the 7-day period beginning on the date of an agreement to sell the cattle. (2) Cattle type
“cattle type” applies throughout its part
The term “cattle type” means the following types of cattle purchased for slaughter: (A) Fed steers. (B) Fed heifers. (C) Fed Holsteins and other fed dairy steers and heifers. (D) Cows. (E) Bulls. (3) Formula marketing arrangement
“formula marketing arrangement” applies throughout its part
The term “formula marketing arrangement” means the advance commitment of cattle for slaughter by any means other than through a negotiated purchase or a forward contract, using a method for calculating price in which the price is determined at a future date. (4) Forward contract
“forward contract” applies throughout its part
The term “forward contract” means— (A) an agreement for the purchase of cattle, executed in advance of slaughter, under which the base price is established by reference to— (i) prices quoted on the Chicago Mercantile Exchange; or (ii) other comparable publicly available prices; or (B) such other forward contract as the Secretary determines to be applicable. (5) Packer
“packer” applies throughout its part
The term “packer” means any person engaged in the business of buying cattle in commerce for purposes of slaughter, of manufacturing or preparing meats or meat food products from cattle for sale or shipment in commerce, or of marketing meats or meat food products from cattle in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, except that— (A) the term includes only a cattle processing plant that is federally inspected; (B) for any calendar year, the term includes only a cattle processing plant that slaughtered an average of at least 125,000 head of cattle per year during the immediately preceding 5 calendar years; and (C) in the case of a cattle …
“packer-owned cattle” applies throughout its part
The term “packer-owned cattle” means cattle that a packer owns for at least 14 days immediately before slaughter. (7) Terms of trade
“terms of trade” applies throughout its part
The term “terms of trade” includes, with respect to the purchase of cattle for slaughter— (A) whether a packer provided any financing agreement or arrangement with regard to the cattle; (B) whether the delivery terms specified the location of the producer or the location of the packer’s plant; (C) whether the producer is able to unilaterally specify the date and time during the business day of the packer that the cattle are to be delivered for slaughter; and (D) the percentage of cattle purchased by a packer as a negotiated purchase that are delivered to the plant for slaughter more than 7 days, but fewer than 14 days, after the earlier of— (i) the date on which the cattle were committed to …
“applicable reporting period” applies throughout its part
The term “applicable reporting period” means the period of time prescribed by the prior day report, the morning report, and the afternoon report, as required under section 1635j(c) of this title . (3) Barrow
“barrow” applies throughout its part
The term “barrow” means a neutered male swine. (4) Base market hog
“base market hog” applies throughout its part
The term “base market hog” means a barrow or gilt for which no discounts are subtracted from and no premiums are added to the base price. (5) Boar
“boar” applies throughout its part
The term “boar” means a sexually-intact male swine. (6) Formula price
“formula price” applies throughout its part
The term “formula price” means a price determined by a mathematical formula under which the price established for a specified market serves as the basis for the formula. (7) Gilt
“gilt” applies throughout its part
The term “gilt” means a young female swine that has not produced a litter. (8) Hog class
“hog class” applies throughout its part
The term “hog class” means, as applicable— (A) barrows or gilts; (B) sows; or (C) boars or stags. (9) Negotiated formula purchase
“negotiated formula purchase” applies throughout its part
The term “negotiated formula purchase” means a swine or pork market formula purchase under which— (A) the formula is determined by negotiation on a lot-by-lot basis; and (B) the swine are scheduled for delivery to the packer not later than 14 days after the date on which the formula is negotiated and swine are committed to the packer. (10) Noncarcass merit premium
“noncarcass merit premium” applies throughout its part
The term “noncarcass merit premium” means an increase in the base price of the swine offered by an individual packer or packing plant, based on any factor other than the characteristics of the carcass, if the actual amount of the premium is known before the sale and delivery of the swine. (11) Other market formula purchase (A) In general
“other market formula purchase” applies throughout its part
The term “other market formula purchase” means a purchase of swine by a packer in which the pricing mechanism is a formula price based on any market other than the market for swine, pork, or a pork product. (B) Inclusion
“other purchase arrangement” applies throughout its part
The term “other purchase arrangement” means a purchase of swine by a packer that— (A) is not a negotiated purchase, swine or pork market formula purchase, negotiated formula purchase, or other market formula purchase; and (B) does not involve packer-owned swine. (13) Packer
“packer” applies throughout its part
The term “packer” means any person engaged in the business of buying swine in commerce for purposes of slaughter, of manufacturing or preparing meats or meat food products from swine for sale or shipment in commerce, or of marketing meats or meat food products from swine in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, except that— (A) the term includes only a swine processing plant that is federally inspected; (B) for any calendar year, the term includes only— (i) a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding five calendar years; and (ii) a person that slaughtered an …
“packer-owned swine” applies throughout its part
The term “packer-owned swine” means swine that a packer (including a subsidiary or affiliate of the packer) owns for at least 14 days immediately before slaughter. (15) Packer-sold swine
“packer-sold swine” applies throughout its part
The term “packer-sold swine” means the swine that are— (A) owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately before sale for slaughter; and (B) sold for slaughter to another packer. (16) Pork
“pork” applies throughout its part
The term “pork” means the meat of a porcine animal. (17) 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. (18) Purchase data
“purchase data” applies throughout its part
The term “purchase data” means all of the applicable data, including weight (if purchased live), for all swine purchased during the applicable reporting period, regardless of the expected delivery date of the swine, reported by— (A) hog class; (B) type of purchase; and (C) packer-owned swine. (19) Slaughter data
“slaughter data” applies throughout its part
The term “slaughter data” means all of the applicable data for all swine slaughtered by a packer during the applicable reporting period, regardless of when the price of the swine was negotiated or otherwise determined, reported by— (A) hog class; (B) type of purchase; and (C) packer-owned swine. (20) Sow
“sow” applies throughout its part
The term “sow” means an adult female swine that has produced one or more litters. (21) 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. (22) Swine or pork market formula purchase
“swine or pork market formula purchase” applies throughout its part
The term “swine or pork market formula purchase” means a purchase of swine by a packer in which the pricing mechanism is a formula price based on a market for swine, pork, or a pork product, other than a future or option for swine, pork, or a pork product. (23) Type of purchase The term “type of purchase”, with respect to swine, means— (A) a negotiated purchase; (B) other market formula purchase; (C) a swine or pork market formula purchase; (D) a negotiated formula purchase; and (E) other purchase arrangement.
“dairy products” applies throughout its subchapter
The term “dairy products” means— (A) manufactured dairy products that are used by the Secretary to establish minimum prices for Class III and Class IV milk under a Federal milk marketing order issued under section 608c of this title ; and (B) substantially identical products designated by the Secretary. (2) Manufacturer
“manufacturer” applies throughout its subchapter
The term “manufacturer” means any person engaged in the business of buying milk in commerce for the purpose of manufacturing dairy products. (3) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Agriculture.
“covered commodity” applies throughout its subchapter
The term “covered commodity” means— (i) muscle cuts of lamb and venison; (ii) ground lamb and ground venison; (iii) farm-raised fish; (iv) wild fish; (v) a perishable agricultural commodity; (vi) peanuts; and 1 (vii) meat produced from goats; (viii) chicken, in whole and in part; (ix) ginseng; (x) pecans; and (xi) macadamia nuts. (B) Exclusions The term “covered commodity” does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item. (2) Farm-raised fish
“farm-raised fish” applies throughout its subchapter
The term “farm-raised fish” includes— (A) farm-raised shellfish; and (B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish. (3) Food service establishment
“food service establishment” applies throughout its subchapter
The term “food service establishment” means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public. (4) Lamb
“lamb” applies throughout its subchapter
The term “lamb” means meat, other than mutton, produced from sheep. (5) Perishable agricultural commodity; retailer
“perishable agricultural commodity” applies throughout its subchapter
The terms “perishable agricultural commodity” and “retailer” have the meanings given the terms in section 499a(b) of this title . (6) Secretary
“retailer” applies throughout its subchapter
The terms “perishable agricultural commodity” and “retailer” have the meanings given the terms in section 499a(b) of this title . (6) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Agriculture, acting through the Agricultural Marketing Service. (7) Wild fish (A) In general
“wild fish” applies throughout its subchapter
The term “wild fish” means naturally-born or hatchery-raised fish and shellfish harvested in the wild. (B) Inclusions
“food” applies throughout its subchapter
The term “food” means a food (as defined in section 321 of title 21 ) that is intended for human consumption. (3) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Agriculture.
“food” applies throughout its subchapter
the term “food” has the meaning given the term in section 321 of title 21 . (b) Federal preemption No State or a political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food or seed in interstate commerce any requirement relating to the labeling of whether a food (including food served in a restaurant or similar establishment) or seed is genetically engineered (which shall include such other similar terms as determined by the Secretary of Agriculture) or was developed or produced using genetic engineering, including any requirement for claims that a food or seed is or contains an ingredient that was developed or produced …
“hemp” applies throughout its subchapter
The term “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (2) Indian tribe
“Indian tribe” applies throughout its subchapter
The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (3) Secretary
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Agriculture. (4) State
“State” applies throughout its subchapter
The term “State” means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (5) State department of agriculture
“State department of agriculture” applies throughout its subchapter
The term “State department of agriculture” means the agency, commission, or department of a State government responsible for agriculture in the State. (6) Tribal government
“Tribal government” applies throughout its subchapter
The term “Tribal government” means the governing body of an Indian tribe.
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Agency for International Development. (2) Appropriate committee of Congress
“appropriate committee of Congress” applies in that section
The term “appropriate committee of Congress” means— (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Agriculture of the House of Representatives; and (C) the Committee on Foreign Affairs of the House of Representatives. (3) Eligible commodity
“eligible commodity” applies in that section
The term “eligible commodity” means an agricultural commodity (or the product of an agricultural commodity) that— (A) is produced in, and procured from, a developing country; and (B) at a minimum, meets each nutritional, quality, and labeling standard of the country that receives the agricultural commodity, as determined by the Secretary. (4) Eligible organization
“eligible organization” applies in that section
The term “eligible organization” means an organization that is— (A) described in section 1722(d) of this title ; and (B) with respect to nongovernmental organizations, subject to regulations promulgated or guidelines issued to carry out this section, including United States audit requirements that are applicable to nongovernmental organizations.
“Administrator” applies throughout its chapter
The term “Administrator” means the Administrator of the Agency for International Development, unless otherwise specified in this chapter. (2) Agricultural commodity The term “agricultural commodity”, unless otherwise provided for in this chapter, includes any agricultural commodity or the products thereof produced in the United States, including wood and processed wood products, fish, and livestock as well as value-added, fortified, or high-value agricultural products.
“appropriate committee of Congress” applies throughout its chapter
The term “appropriate committee of Congress” means— (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Agriculture of the House of Representatives; and (C) the Committee on Foreign Affairs of the House of Representatives. (4) Cooperative
“cooperative” applies throughout its chapter
The term “cooperative” means a private sector organization whose members own and control the organization and share in its services and its profits and that provides business services and outreach in cooperative development for its membership. (5) Developing country
“developing country” applies throughout its chapter
The term “developing country” means a country that has a shortage of foreign exchange earnings and has difficulty meeting all of its food needs through commercial channels. (6) Food security
“food security” applies throughout its chapter
The term “food security” means access by all people at all times to sufficient food and nutrition for a healthy and productive life. (7) Nongovernmental organization
“nongovernmental organization” applies throughout its chapter
The term “nongovernmental organization” means an organization that works at the local level to solve development problems in a foreign country in which the organization is located, except that the term does not include an organization that is primarily an agency or instrumentality of the government of the foreign country. (8) Private voluntary organization
“private voluntary organization” applies throughout its chapter
The term “private voluntary organization” means a not-for-profit, nongovernmental organization (in the case of a United States organization, an organization that is exempt from Federal income taxes under section 501(c)(3) of title 26 ) that receives funds from private sources, voluntary contributions of money, staff time, or in-kind support from the public, and that is engaged in or is planning to engage in voluntary, charitable, or development assistance activities (other than religious activities). (9) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Agriculture, unless otherwise specified in this chapter.
“transportation-related services” applies in that section
the term “transportation-related services” means lightening, stevedoring, bagging, or inland transportation to the destination point. (c) Subchapters III and III–A program (1) Acquisition (A) In general The Administrator shall transfer, arrange for the transportation, and take other steps necessary to make available agricultural commodities to be provided under subchapter III and subchapter III–A.
“international food security” applies in that section
the term “international food security” means access by any person at any time to food and nutrition that is sufficient for a healthy and productive life. (b) Collection of information The Secretary of Agriculture (referred to in this section as the “Secretary”) shall compile information from appropriate mission areas of the Department of Agriculture (including the Food, Nutrition, and Consumer Services mission area) relating to the improvement of international food security.
“emergency” applies in that section
the term “emergency” means an urgent situation— (I) in which there is clear evidence that an event or series of events described in clause (ii) has occurred— (aa) that causes human suffering; and (bb) for which a government concerned has not chosen, or has not the means, to remedy; or (II) created by a demonstrably abnormal event or series of events that produces dislocation in the lives of residents of a country or region of a country on an exceptional scale.
“cooperative” applies in that section
The term “cooperative” has the meaning given the term in section 402 of the Food for Peace Act ( 7 U.S.C. 1732 ). (2) Corporation
“Corporation” applies in that section
The term “Corporation” means the Commodity Credit Corporation. (3) Developing country
“developing country” applies in that section
The term “developing country” has the meaning given the term in section 402 of the Food for Peace Act ( 7 U.S.C. 1732 ). (4) Eligible commodity
“eligible commodity” applies in that section
The term “eligible commodity” means an agricultural commodity, or a product of an agricultural commodity, in inventories of the Corporation or acquired by the Secretary or the Corporation for disposition through commercial purchases under a program authorized under this section. (5) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means— (A) the government of an emerging agricultural country; (B) an intergovernmental organization; (C) a private voluntary organization; (D) a nonprofit agricultural organization or cooperative; (E) a nongovernmental organization; (F) a college or university (as such terms are defined in section 3103(4) of this title ); and (G) any other private entity. (6) Food security
“food security” applies in that section
The term “food security” means access by all people at all times to sufficient food and nutrition for a healthy and productive life. (7) Nongovernmental organization
“nongovernmental organization” applies in that section
The term “nongovernmental organization” has the meaning given the term in section 402 of the Food for Peace Act ( 7 U.S.C. 1732 ). (8) Private voluntary organization
“private voluntary organization” applies in that section
The term “private voluntary organization” has the meaning given the term in section 402 of the Food for Peace Act ( 7 U.S.C. 1732 ). (9) Program
“program” applies in that section
The term “program” means a food assistance or development initiative proposed by an eligible entity and approved by the Secretary under this section. (10) Rate of return For purposes of applying subsection (j)(3), the rate of return for an eligible commodity shall be equal to the proportion that— (A) the proceeds eligible entities generate through monetization of such commodity, bears to (B) the cost to the Federal Government to procure and ship the commodity to the country where it is monetized. (11) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Agriculture. (c) Program In order to use the food resources of the United States more effectively in support of developing countries, and countries that are emerging democracies that have made commitments to introduce or expand free enterprise elements in their agricultural economies through changes in commodity pricing, marketing, input availability, distribution, and private sector involvement, the Secretary shall enter into agreements with eligible entities to furnish to the countries eligible commodities made available under subsections (e) and (f).
“agricultural commodity” applies in that section
the term “agricultural commodity” means an agricultural commodity, or a product of an agricultural commodity, that— (1) is produced in the United States; or (2) (A) is produced in and procured from— (i) a developing country that is a recipient country; or (ii) a developing country in the same region as a recipient country; and (B) at a minimum, meets each nutritional, quality, and labeling standard of the recipient country, as determined by the Secretary.
“Caribbean Basin country” applies in that section
The term “Caribbean Basin country” means a country eligible for designation as a beneficiary country under section 2702 of title 19 . (2) Emerging market
“emerging market” applies in that section
The term “emerging market” means a country that the Secretary determines— (A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of the country; and (B) has the potential to provide a viable and significant market for United States agricultural commodities or products of United States agricultural commodities. (3) Middle income country
“middle income country” applies in that section
The term “middle income country” means a country that has developed economically to the point at which the country does not receive bilateral development assistance from the United States. (4) Sub-Saharan African country
“sub-Saharan African country” applies in that section
The term “sub-Saharan African country” has the meaning given the term in section 3706 of title 19 . (b) Provision Notwithstanding section 1342 of title 31 or any other provision of law, to further assist developing countries, middle-income countries, emerging markets, sub-Saharan African countries, and Caribbean Basin countries to increase farm production and farmer incomes, the President may— (1) establish and administer a program, to be known as the “John Ogonowski and Doug Bereuter Farmer-to-Farmer Program”, of farmer-to-farmer technical assistance between the United States and such countries to assist in— (A) increasing food production and distribution; and (B) improving the …
“Environmental Fund” applies in that section
the term “Environmental Fund” means an Environmental Fund established under section 1738g of this title . In the case of Mexico, such fund may be designated as the Good Neighbor Environmental Fund for the Border. (3) Establishment and operation of environmental funds The President should advise eligible countries on the procedures required to establish and operate the Environmental Funds required to be established under paragraph (1). (b) Terms and conditions The President shall establish the terms and conditions, including the amount to be paid by the eligible country, under which such country’s qualified debt may be sold under this section.
“eligible debt swap” applies in that section
the term “eligible debt swap” means a debt-for-development swap or debt-for-nature swap.
“designated congressional committees” applies in that section
the term “designated congressional committees” means the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
“qualified debt” applies in that section
the term “qualified debt” means any obligation, or portion of such obligation, of an eligible country to pay for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit guarantee programs authorized pursuant to section 714c(f) of title 15 or section 1707a(b) 1 of this title— (1) in which the Commodity Credit Corporation obtained a legal right or interest, as a result of assignment or subrogation, not later than September 1, 1992 ; and (2) the payment of which obligation has been, not later than September 1, 1992 , rescheduled in accordance with principles set forth in an Agreed Minute of the Paris Club.
“Federal irrigation or drainage project” applies in that section
the term “Federal irrigation or drainage project” means any irrigation or drainage project subject to the Federal reclamation laws (Act of June 17, 1902 , 32 Stat. 388 , and Acts amendatory thereof or supplementary thereto) in effect at the date of the adoption of this amendment and any irrigation or drainage project subject to the laws relating to irrigation and drainage administered by the Department of Agriculture or the Secretary of Agriculture.
“ritual slaughter” applies in that section
the term “ritual slaughter” means slaughter in accordance with section 1902(b) of this title .
“conservation plan” applies in that section
The term “conservation plan” means a plan, approved by the Secretary, that, for a farming or ranching operation, identifies the conservation activities that will be addressed with loan funds provided under this section, including— (A) the installation of conservation structures to address soil, water, and related resources; (B) the establishment of forest cover for sustained yield timber management, erosion control, or shelter belt purposes; (C) the installation of water conservation measures; (D) the installation of waste management systems; (E) the establishment or improvement of permanent pasture; (F) compliance with section 3812 of title 16 ; and (G) other purposes consistent with the …
“qualified conservation loan” applies in that section
The term “qualified conservation loan” means a loan, the proceeds of which are used to cover the costs to the borrower of carrying out a qualified conservation project. (2) Qualified conservation project
“qualified conservation project” applies in that section
The term “qualified conservation project” means conservation measures that address provisions of a conservation plan of the eligible borrower. (3) Conservation plan
“development cost” applies in that section
The term “development cost” means the cost of construction of a facility and the land, easements, and rights-of-way, and water rights necessary to the construction and operation of the facility.;
“project” applies in that section
The term “project” shall include facilities providing central service or facilities serving individual properties, or both. (5) Application requirements .— Not earlier than 60 days before a preliminary application is filed for a loan under paragraph (1) or a grant under paragraph (2) for a water or waste disposal purpose, a notice of the intent of the applicant to apply for the loan or grant shall be published in a general circulation newspaper. The selection of engineers for a project design shall be done by a request for proposals by the applicant.
“cooperative” applies in that section
the term “cooperative” means a cooperative formed specifically for the purpose of the installation, expansion, improvement, or operation of water supply or waste disposal facilities or systems. (e) Authorization of appropriations (1) In general Subject to paragraph (2), there are authorized to be appropriated— (A) for grants under this section, $30,000,000 for each fiscal year; (B) for loans under this section, $30,000,000 for each fiscal year; and (C) in addition to grants provided under subparagraph (A), for grants under this section to benefit Indian tribes (as defined in section 5304 of title 25 ), $20,000,000 for each fiscal year.
“eligible individual” applies in that section
the term “eligible individual” means an individual who is a member of a household the members of which have a combined income (for the most recent 12-month period for which the information is available) that is not more than 60 percent of the median nonmetropolitan household income for the State or territory in which the individual resides, according to the most recent decennial census of the United States.
“prime farmland” applies in that section
the term “prime farmland” means prime farmlands and unique farmland as those terms are defined in sections 657.5(a) and (b) of title 7, Code of Federal Regulations (1980). (b) Payment of charges; prepayment of taxes and insurance The borrower shall pay such fees and other charges as the Secretary may require, and borrowers under this chapter shall prepay to the Secretary such taxes and insurance as the Secretary may require, on such terms and conditions as the Secretary may prescribe.
“State beginning farmer program” applies throughout its chapter
the term “State beginning farmer program” means any program that is— (A) carried out by, or under contract with, a State; and (B) designed to assist persons in obtaining the financial assistance necessary to enter agriculture and establish viable farming or ranching operations. (j) Guarantee of loans made under State beginning farmer or rancher programs The Secretary may guarantee under this chapter a loan made under a State beginning farmer or rancher program, including a loan financed by the net proceeds of a qualified small issue agricultural bond for land or property described in section 144(a)(12)(B)(ii) of title 26 .
“aquaculture” applies in that section
The term “aquaculture” means the culture or husbandry of aquatic animals or plants by private industry for commercial purposes including the culture and growing of fish by private industry for the purpose of creating or augmenting publicly owned and regulated stocks of fish. (B) Solar energy
“business and industry loan” applies in that section
the term “business and industry loan” means a business and industry direct or guaranteed loan that is made or guaranteed by the Secretary under subsection (a)(2)(A), including guarantees described in paragraph (3)(A)(ii). (2) Loan guarantees for the purchase of cooperative stock (A) In general The Secretary may guarantee a business and industry loan to individual farmers or ranchers for the purpose of purchasing capital stock of a farmer or rancher cooperative established for the purpose of processing an agricultural commodity.
“locally or regionally produced agricultural food product” applies in that section
The term “locally or regionally produced agricultural food product” means any agricultural food product that is raised, produced, and distributed in— (I) the locality or region in which the final product is marketed, so that the total distance that the product is transported is less than 400 miles from the origin of the product; or (II) the State in which the product is produced. (ii) Underserved community
“national nonprofit agricultural assistance institution” applies in that section
the term “national nonprofit agricultural assistance institution” means an organization that— (A) is described in section 501(c)(3) of title 26 and exempt from taxation under 2 501(a) of that title; (B) has staff and offices in multiple regions of the United States; (C) has experience and expertise in operating national agriculture technical assistance programs; (D) expands markets for the agricultural commodities produced by producers through the use of practices that enhance the environment, natural resource base, and quality of life; and (E) improves the economic viability of agricultural operations.
“nonprofit institution” applies in that section
The term “nonprofit institution” means any organization or institution, including an accredited institution of higher education, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (B) United States
“socially disadvantaged group” applies in that section
the term “socially disadvantaged group” has the meaning given the term in section 2003(e) of this title . (B) Reservation of funds (i) In general If the total amount appropriated under paragraph (13) for a fiscal year exceeds $7,500,000, the Secretary shall reserve an amount equal to 20 percent of the total amount appropriated for grants for cooperative development centers, individual cooperatives, or groups of cooperatives— (I) that serve socially disadvantaged groups; and (II) a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups.
“solar energy” applies in that section
The term “solar energy” means energy derived from sources (other than fossil fuels) and technologies included in the Federal Nonnuclear Energy Research and Development Act of 1974, as amended [ 42 U.S.C. 5901 et seq.].
“underserved community” applies in that section
The term “underserved community” means a community (including an urban or rural community and an Indian tribal community) that has, as determined by the Secretary— (I) limited access to affordable, healthy foods, including fresh fruits and vegetables, in grocery retail stores or farmer-to-consumer direct markets; and (II) a high rate of hunger or food insecurity or a high poverty rate.
“United States” applies in that section
The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the other territories and possessions of the United States. (2) Grants The Secretary shall make grants effective October 1, 1996 , under this subsection to nonprofit institutions for the purpose of enabling the institutions to establish and operate centers for rural cooperative development. (3) Goals The goals of a center funded under this subsection shall be to facilitate the creation of jobs in rural areas through the development of new rural cooperatives, value added processing, and rural businesses.
“eligible farmer or rancher” applies in that section
the term “eligible farmer or rancher” means— (1) a qualified beginning farmer or rancher; (2) a socially disadvantaged farmer or rancher, as defined in section 2003(e) of this title ; and (3) a veteran farmer or rancher, as defined in section 2279(a) of this title .
“mobilized military reservist” applies in that section
the term “mobilized military reservist” means an individual who— (1) is on active duty under section 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12406, or chapter 13 of title 10, or any other provision of law during a war or during a national emergency declared by the President or Congress, regardless of the location at which the active duty service is performed; or (2) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10 ) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 for purposes of …
“approved lender” applies in that section
The term “approved lender” means a lender approved prior to October 28, 1992 , by the Secretary under the approved lender program established by exhibit A to subpart B of part 1980 of title 7, Code of Federal Regulations (as in effect on January 1, 1991 ), or a lender certified under section 1989 of this title .;
“seasoned direct loan borrower” applies in that section
The term “seasoned direct loan borrower” means a borrower receiving a direct loan under this chapter who has been classified as “commercial” or “standard” under subpart W of part 2006 of the Instruction Manual (as in effect on January 1, 1991 ). (2) The Secretary, or a contracting third party, shall annually review under section 2006b of this title the loans of each seasoned loan borrower.
“demonstration program” applies in that section
The term “demonstration program” means a demonstration program carried out by a qualified entity under the pilot program established in subsection (b)(1). (2) Eligible participant
“eligible participant” applies in that section
The term “eligible participant” means a qualified beginning farmer or rancher that— (A) lacks significant financial resources or assets; and (B) has an income that is less than— (i) 80 percent of the median income of the State in which the farmer or rancher resides; or (ii) 200 percent of the most recent annual Federal Poverty Income Guidelines published by the Department of Health and Human Services for the State. (3) Individual development account
“individual development account” applies in that section
The term “individual development account” means a savings account described in subsection (b)(4)(A). (4) Qualified entity (A) In general
“qualified entity” applies in that section
The term “qualified entity” means— (i) 1 or more organizations— (I) described in section 501(c)(3) of title 26 ; and (II) exempt from taxation under section 501(a) of such title; or (ii) a State, local, or tribal government submitting an application jointly with an organization described in clause (i). (B) No prohibition on collaboration An organization described in subparagraph (A)(i) may collaborate with a financial institution or for-profit community development corporation to carry out the purposes of this section.
“borrower-owner” applies in that section
the term “borrower-owner” means— (i) a borrower from whom the Secretary acquired real farm or ranch property (including the principal residence of the borrower) used to secure any loan made to the borrower under this chapter; or (ii) in any case in which an owner of property pledged the property to secure the loan and the owner is different than the borrower, the owner.
“Indian reservation” applies in that section
the term “Indian reservation” means all land located within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; trust or restricted land located within the boundaries of a former reservation of a federally recognized Indian tribe in the State of Oklahoma; or all Indian allotments the Indian titles to which have not been extinguished if such allotments are subject to the jurisdiction of a federally recognized Indian tribe.
“normal income security” applies in that section
the term “normal income security” means all security not considered basic security, including crops, livestock, poultry products, Agricultural Stabilization and Conservation Service payments and Commodity Credit Corporation payments, and other property covered by Farmers Home Administration liens that is sold in conjunction with the operation of a farm or other business, but shall not include any equipment (including fixtures in States that have adopted the Uniform Commercial Code), or foundation herd or flock, that is the basis of the farming or other operation, and is the basic security for a Farmers Home Administration farmer program loan.
“summary period” applies in that section
the term “summary period” means— (A) the period beginning on December 23, 1985 , and ending on the date on which the first loan summary statement is issued after December 23, 1985 ; or (B) the period beginning on the date of issuance of the preceding loan summary statement and ending on the date of issuance of the current loan summary statement.
“beginning farmer or rancher” applies throughout its chapter
The term “beginning farmer or rancher” means such term as defined by the Secretary.;
“borrower” applies in that section
The term “borrower” means any farm borrower who has outstanding obligations to the Secretary under any farmer program loan, without regard to whether the loan has been accelerated, but does not include any farm borrower all of whose loans and accounts have been foreclosed on or liquidated, voluntarily or otherwise.;
“contract of insurance” applies throughout its chapter
The term “contract of insurance” includes a contract of guarantee.;
“debt forgiveness” applies throughout its chapter
the term “debt forgiveness” means reducing or terminating a farmer program loan made or guaranteed under this chapter, in a manner that results in a loss to the Secretary, through— (i) writing down or writing off a loan under section 2001 of this title ; (ii) compromising, adjusting, reducing, or charging-off a debt or claim under section 1981 of this title ; (iii) paying a loss on a guaranteed loan under section 2005 of this title ; or (iv) discharging a debt as a result of bankruptcy.
“direct loan” applies throughout its chapter
The term “direct loan” means a loan made or insured from funds in the account created by section 1929 of this title .;
“farmer” applies throughout its chapter
The term “farmer” includes a person who is engaged in, or who, with assistance afforded under this chapter, intends to engage in, fish farming. (2) The term “farming” shall be deemed to include fish farming.;