r/title-7-AGRICULTURE wiki — defined terms

“protocol” applies in that section

The term “protocol” means a systematic approach for generating an agriculture or forestry credit, which follows a transparent and thorough science-based methodology (including 1 or more baseline scenarios)— (A) for the development of projects to prevent, reduce, or mitigate greenhouse gas emissions (including projects to sequester carbon); and (B) for demonstrating how to quantify, monitor, report, and verify the prevention, reduction, or mitigation of greenhouse gas emissions by projects described in subparagraph (A). (8) Socially disadvantaged group

“socially disadvantaged group” applies in that section

The term “socially disadvantaged group” has the meaning given that term in section 2003(e) of this title . (9) Technical assistance

“technical assistance” applies in that section

The term “technical assistance” means technical expertise, information, and tools to assist a farmer, rancher, or private forest landowner, who is engaged in or wants to engage in a project to prevent, reduce, or mitigate greenhouse gas emissions (including a project to sequester carbon), as necessary to meet a protocol. (10) Voluntary environmental credit market

“voluntary environmental credit market” applies in that section

The term “voluntary environmental credit market” means a voluntary market through which agriculture or forestry credits may be bought or sold. (b) Establishment of program (1) Determination (A) In general Not later than 270 days after December 29, 2022 , the Secretary shall make a determination of whether establishing a voluntary program to register covered entities that carry out activities described in subsection (c)(2) will further each of the following purposes: (i) Facilitating the participation of farmers, ranchers, and private forest landowners in voluntary environmental credit markets.

“consumer information” applies throughout its chapter

The term “consumer information” means any action or program that provides information to consumers and other persons on appropriate uses under varied circumstances, and on the care and handling, of cut flowers or cut greens. (2) Cut flowers and cut greens (A) In general (i) Cut flowers

“cut flowers” applies throughout its chapter

The term “cut flowers” includes all flowers cut from growing plants that are used as fresh-cut flowers and that are produced under cover or in field operations. (ii) Cut greens

“cut greens” applies throughout its chapter

The term “cut greens” includes all cultivated or noncultivated decorative foliage cut from growing plants that are used as fresh-cut decorative foliage (except Christmas trees) and that are produced under cover or in field operations. (iii) Exclusions The terms “cut flowers” and “cut greens” do not include a foliage plant, floral supply, or flowering plant.

“exempt handler” applies in that section

The term “exempt handler” means a person who would otherwise be considered to be a qualified handler, except that the annual sales by the person of cut flowers and cut greens to retailers and other exempt handlers are less than $750,000. (C) Annual sales determined (i) In general Except as provided in clause (ii), for the purpose of determining the amount of annual sales of cut flowers and cut greens under subparagraphs (A) and (B), the amount of a sale shall be determined on the basis of the gross sales price of the cut flowers and cut greens sold.

“gross sales price” applies throughout its chapter

The term “gross sales price” means the total amount of the transaction in a sale of cut flowers or cut greens from a handler to a retailer or exempt handler. (4) Handler (A) Qualified handler (i) In general

“importer” applies in that section

The term “importer” has the meaning provided in section 6804(b)(2)(B)(i)(I) of this title . (bb) Producer

“order” applies in that section

The term “order” means an order issued under this chapter (other than sections 6808, 6809, and 6811 of this title). (6) Person

“person” applies in that section

The term “person” means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, society, cooperative, or other legal entity. (7) PromoFlor Council

“producer” applies in that section

The term “producer” has the meaning provided in section 6804(b)(2)(B)(ii)(I) of this title . (B) Exempt handler

“PromoFlor Council” applies in that section

The term “PromoFlor Council” means the Fresh Cut Flowers and Fresh Cut Greens Promotion Council established under section 6804(b) of this title . (8) Promotion

“promotion” applies in that section

The term “promotion” means any action determined by the Secretary to advance the image, desirability, or marketability of cut flowers or cut greens, including paid advertising. (9) Research

“qualified handler” applies throughout its chapter

The term “qualified handler” means a person (including a cooperative) operating in the cut flowers or cut greens marketing system— (I) that sells domestic or imported cut flowers or cut greens to retailers and exempt handlers; and (II) whose annual sales of cut flowers and cut greens to retailers and exempt handlers are $750,000 or more. (ii) Inclusions and exclusions (I) In general

“research” applies in that section

The term “research” means market research and studies limited to the support of advertising, market development, and other promotion efforts and consumer information efforts relating to cut flowers or cut greens, including educational activities. (10) Retailer (A) In general

“retailer” applies in that section

The term “retailer” means a person (such as a retail florist, supermarket, mass market retail outlet, or other end-use seller), as described in an order, that sells cut flowers or cut greens to consumers, and a distribution center described in subparagraph (B)(i). (B) Distribution centers (i) In general

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture. (12) State

“State” applies in that section

The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau (until such time as the Compact of Free Association is ratified). (13) United States

“United States” applies in that section

The term “United States” means the States collectively.

“floral supplier” applies in that section

The term “floral supplier” means a person engaged in acquiring cut flowers or cut greens to be manufactured into floral articles or otherwise processed for resale. (bb) Floral wholesale jobber

“floral wholesale jobber” applies in that section

The term “floral wholesale jobber” means a person who conducts a commission or other wholesale business in buying and selling cut flowers or cut greens. (C) Distribution of qualified wholesale handler appointments The order shall provide that the appointments of qualified wholesale handlers to the PromoFlor Council made by the Secretary shall take into account the geographical distribution of cut flowers and cut greens markets in the United States.

“importer that is a qualified handler” applies in that section

The term “importer that is a qualified handler” means an entity— (I) whose principal activity is the importation of cut flowers or cut greens into the United States (either directly or as an agent, broker, or consignee of any person or nation that produces or handles cut flowers or cut greens outside the United States for sale in the United States); and (II) that is subject to assessments as a qualified handler under the order. (ii) Producer that is a qualified handler

“producer that is a qualified handler” applies in that section

The term “producer that is a qualified handler” means an entity that— (I) is engaged— (aa) in the domestic production, for sale in commerce, of cut flowers or cut greens and that owns or shares in the ownership and risk of loss of the cut flowers or cut greens; or (bb) as a first processor of noncultivated cut greens, in receiving the cut greens from a person who gathers the cut greens for handling; and (II) is subject to assessments as a qualified handler under the order. (iii) Qualified wholesale handler (I) In general

“qualified wholesale handler” applies in that section

The term “qualified wholesale handler” means a person in business as a floral wholesale jobber or floral supplier that is subject to assessments as a qualified handler under the order. (II) Definitions As used in this clause: (aa) Floral supplier

“Department” applies throughout its chapter

The term “Department” means the Department of Agriculture. (2) National Appeals Division

“function” applies throughout its chapter

The term “function” means an administrative, financial, or regulatory activity of an agency, office, officer, or employee of the Department.

“National Appeals Division” applies throughout its chapter

The term “National Appeals Division” means the National Appeals Division of the Department established under section 6992 of this title . (3) Secretary

“Secretary” applies throughout its chapter

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

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (B) Relevant committees of Congress

“relevant committees of Congress” applies in that section

The term “relevant committees of Congress” means— (i) the Committee on Agriculture of the House of Representatives; (ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (iii) the Committee on Indian Affairs of the Senate. (C) Tribal organization

“tribal organization” applies in that section

The term “tribal organization” has the meaning given the term in section 5304 of title 25 . (2) Establishment of committee (A) In general The Secretary shall establish an advisory committee, to be known as the Tribal Advisory Committee (referred to in this subsection as the “Committee”) to provide advice and guidance to the Secretary on matters relating to Tribal and Indian affairs. (B) Facilitation The Committee shall facilitate, but not supplant, government-to-government consultation between the Department of Agriculture (referred to in this subsection as the “Department”) and Indian tribes.

“agriculture and food defense” applies in that section

the term “agriculture and food defense” means any action to prevent, protect against, mitigate the effects of, respond to, or recover from a naturally occurring, unintentional, or intentional threat to the agriculture and food system. (b) Authorization The Secretary shall establish in the Department the Office of Homeland Security. (c) Executive Director The Office of Homeland Security shall be headed by an Executive Director, who shall be known as the Executive Director of Homeland Security.

“beginning farmer or rancher” applies in that section

The term “beginning farmer or rancher” has the meaning given the term in section 1991(a) of this title . (2) Office

“Office” applies in that section

The term “Office” means the Office of Partnerships and Public Engagement established under this section. (3) Socially disadvantaged farmer or rancher

“socially disadvantaged farmer or rancher” applies in that section

The term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e) 1 of this title. (b) Establishment and purpose (1) In general The Secretary shall establish within the executive operations of the Department an office to be known as the “Office of Partnerships and Public Engagement”— (A) to improve access to programs of the Department; (B) to improve the viability and profitability of— (i) small farms and ranches; (ii) beginning farmers or ranchers; (iii) socially disadvantaged farmers or ranchers; (iv) limited resource producers; and (v) veteran farmers and ranchers; and (C) to promote youth outreach.

“beginning farmer or rancher” applies in that section

The term “beginning farmer or rancher” has the meaning given such term in section 2279(a) of this title . (2) National Coordinator

“National Coordinator” applies in that section

The term “National Coordinator” means the National Beginning Farmer and Rancher Coordinator established under subsection (b)(1). (3) State coordinator

“State coordinator” applies in that section

The term “State coordinator” means a State beginning farmer and rancher coordinator designated under subsection (c)(1)(A). (4) State office

“State office” applies in that section

The term “State office” means— (A) a State office of— (i) the Farm Service Agency; (ii) the Natural Resources Conservation Service; (iii) the Rural Business-Cooperative Service; or (iv) the Rural Utilities Service; or (B) a regional office of the Risk Management Agency. (b) National Beginning Farmer and Rancher Coordinator (1) Establishment The Secretary shall establish in the Department the position of National Beginning Farmer and Rancher Coordinator.

“community development financial institution” applies in that section

The term “community development financial institution” has the meaning given the term in section 4702 of title 12 . (2) Initiative

“Initiative” applies in that section

The term “Initiative” means the Healthy Food Financing Initiative established under subsection (c)(1). (3) National fund manager

“national fund manager” applies in that section

The term “national fund manager” means a community development financial institution that is— (A) in existence on the date of enactment of this section; and (B) certified by the Community Development Financial Institution Fund of the Department of Treasury to manage the Initiative for purposes of— (i) raising private capital; (ii) providing financial and technical assistance to partnerships; and (iii) funding eligible projects to attract fresh, healthy food retailers and enterprises to underserved areas, in accordance with this section. (4) Partnership

“partnership” applies in that section

The term “partnership” means a regional, State, or local public-private partnership that— (A) is organized to improve access to fresh, healthy foods; (B) provides financial and technical assistance to eligible projects; and (C) meets such other criteria as the Secretary may establish. (5) Perishable food

“perishable food” applies in that section

The term “perishable food” means a staple food that is fresh, refrigerated, or frozen. (6) Quality job

“quality job” applies in that section

The term “quality job” means a job that provides wages and other benefits comparable to, or better than, similar positions in existing businesses of similar size in similar local economies. (7) Staple food (A) In general

“staple food” applies in that section

The term “staple food” means food that is a basic dietary item. (B) Inclusions

“Advisory Board” applies in that section

The term “Advisory Board” means the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123 ). (B) Applied research

“applied research” applies in that section

The term “applied research” means research that includes expansion of the findings of fundamental research to uncover practical ways in which new knowledge can be advanced to benefit individuals and society. (C) Capacity and infrastructure program

“capacity and infrastructure program” applies in that section

The term “capacity and infrastructure program” means each of the following agricultural research, extension, education, and related programs for which the Secretary has administrative or other authority as of the day before the date of enactment of the Food, Conservation, and Energy Act of 2008: (i) Each program providing funding to any of the 1994 Institutions under sections 533, 534(a), and 535 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ). (ii) The program established under section 536 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) providing research grants for 1994 Institutions.

“competitive program” applies in that section

The term “competitive program” means each of the following agricultural research, extension, education, and related programs for which the Secretary has administrative or other authority as of the day before the date of enactment of the Food, Conservation, and Energy Act of 2008: (i) The Agriculture and Food Research Initiative established under section 3157(b) of this title . (ii) The program providing competitive grants for risk management education established under section 1524(a) of this title . (iii) The program providing community food project competitive grants established under section 2034 of this title .

“Director” applies in that section

The term “Director” means the Director of the Institute. (F) Fundamental research

“fundamental research” applies in that section

The term “fundamental research” means research that— (i) increases knowledge or understanding of the fundamental aspects of phenomena and has the potential for broad application; and (ii) has an effect on agriculture, food, nutrition, or the environment. (G) Institute

“Institute” applies in that section

The term “Institute” means the National Institute of Food and Agriculture established by paragraph (2)(A). (2) Establishment of National Institute of Food and Agriculture (A) Establishment The Secretary shall establish within the Department an agency to be known as the “National Institute of Food and Agriculture”.

“adverse decision” applies throughout its subchapter

The term “adverse decision” means an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant. The term includes a denial of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction. (2) Agency

“agency” applies throughout its subchapter

The term “agency” means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following): (A) The Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title ). (B) The Commodity Credit Corporation, with respect to domestic programs. (C) The Farmers Home Administration. (D) The Federal Crop Insurance Corporation. (E) The Rural Development Administration.

“appellant” applies throughout its subchapter

The term “appellant” means a participant who appeals an adverse decision in accordance with this subchapter. (4) Case record

“case record” applies throughout its subchapter

The term “case record” means all the materials maintained by the Secretary related to an adverse decision. (5) Director

“Director” applies throughout its subchapter

The term “Director” means the Director of the Division. (6) Division

“Division” applies throughout its subchapter

The term “Division” means the National Appeals Division established by this chapter. (7) Hearing officer

“hearing officer” applies throughout its subchapter

The term “hearing officer” means an individual employed by the Division who hears and determines appeals of adverse decisions by any agency. (8) Implement The term “implement” refers to those actions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effective date of the final determination. (9) Participant The term “participant” shall have the meaning given that term by the Secretary by regulation.

“political appointee” applies in that section

the term “political appointee” means an individual occupying— (A) a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); (B) a noncareer position in the Senior Executive Service, as described under section 3132(a)(7) of that title; (C) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; or (D) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.

“affected party” applies in that section

the term “affected party” means— (1) with respect to an exercise of authority by the Secretary under this chapter, any labor organization affected thereby; and (2) the Department of Agriculture.

“Board” applies throughout its chapter

The term “Board” means the National Sheep Promotion, Research, and Information Board established under section 7104(b) of this title . (2) Carbonized wool

“carbonized wool” applies throughout its chapter

The term “carbonized wool” means wool that has been immersed in a bath, usually of mineral acids or acid salts, that destroys vegetable matter in the wool, but does not affect the wool fibres. 1 (3) Consumer information

“consumer information” applies throughout its chapter

The term “consumer information” means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, or use of sheep products. (4) Customs Service

“Customs Service” applies throughout its chapter

The term “Customs Service” means United States Customs Service of the Department of the Treasury. (5) Degreased wool

“degreased wool” applies throughout its chapter

The term “degreased wool” means wool from which the bulk of impurities has been removed by processing. (6) Department

“Department” applies throughout its chapter

The term “Department” means the United States Department of Agriculture. (7) Education

“education” applies throughout its chapter

The term “education” means activities providing information relating to the sheep industry or sheep products to producers, feeders, importers, consumers, and other persons. (8) Executive Committee

“Executive Committee” applies throughout its chapter

The term “Executive Committee” means the Executive Committee established under section 7104(g) of this title . (9) Exporter

“exporter” applies throughout its chapter

The term “exporter” means any person who exports domestic live sheep or greasy wool from the United States. (10) Feeder

“feeder” applies throughout its chapter

The term “feeder” means a person who feeds lambs until the lambs reach slaughter weight. (11) Greasy wool

“greasy wool” applies throughout its chapter

The term “greasy wool” means wool that has not been washed or otherwise cleaned. (12) Handler

“handler” applies throughout its chapter

The term “handler” means any person who purchases and markets greasy wool. (13) Importer

“importer” applies throughout its chapter

The term “importer” means any person who imports sheep or sheep products into the United States. (14) Industry information

“industry information” applies throughout its chapter

The term “industry information” means information and programs that will lead to increased efficiency in processing and the development of new markets, marketing strategies, increased marketing efficiency, and activities to enhance the image of sheep or sheep products on a national or international basis. (15) Order

“order” applies throughout its chapter

The term “order” means a sheep and wool promotion, research, education, and information order issued under section 7103 of this title . (16) Person

“person” applies throughout its chapter

The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. (17) Processor

“processor” applies throughout its chapter

The term “processor” means any person who slaughters sheep or processes greasy wool into degreased wool. (18) Producer

“producer” applies throughout its chapter

The term “producer” means any person, other than a feeder, who owns or acquires ownership of sheep. (19) Producer information

“producer information” applies throughout its chapter

The term “producer information” means activities designed to provide producers, feeders, and importers with information relating to production or marketing efficiencies or developments, program activities, or other information that would facilitate an increase in the consumption of sheep or sheep products. (20) Promotion

“promotion” applies throughout its chapter

The term “promotion” means any action (including paid advertising) to advance the image and desirability of sheep or sheep products to improve the competitive position, and stimulate sales, of sheep products in the domestic and international marketplace. (21) Pulled wool

“pulled wool” applies throughout its chapter

The term “pulled wool” means wool that is pulled from the skin of a slaughtered sheep. (22) Qualified State sheep board

“qualified State sheep board” applies throughout its chapter

The term “qualified State sheep board” means a sheep and wool promotion entity that— (A) is authorized by State statute or is otherwise organized and operating within a State; (B) receives voluntary contributions or dues and conducts promotion, research, or consumer information programs with respect to sheep or wool, or both; and (C) is recognized by the Board as the sheep and wool promotion entity within the State; except that not more than 1 qualified State sheep board shall exist in any State at any 1 time. (23) Raw wool

“raw wool” applies throughout its chapter

The term “raw wool” means greasy wool, pulled wool, degreased wool, or carbonized wool. (24) Research

“research” applies throughout its chapter

The term “research” means development projects and studies relating to the production (including the feeding of sheep), processing, distribution, or use of sheep or sheep products to encourage, expand, improve, or make more efficient the marketing of sheep or sheep products. (25) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (26) Sheep

“sheep” applies throughout its chapter

The term “sheep” means ovine animals of any age, including lambs. (27) Sheep products

“sheep products” applies throughout its chapter

The term “sheep products” means products produced, in whole or in part, from sheep, including wool and products containing wool fiber. (28) State

“State” applies throughout its chapter

The term “State” means each of the 50 States. (29) Unit

“unit” applies throughout its chapter

The term “unit” means each State, group of States, or class designation that is represented on the Board. (30) United States

“United States” applies throughout its chapter

The term “United States” means the 50 States and the District of Columbia. (31) Wool

“wool” applies throughout its chapter

The term “wool” means the fiber from the fleece of a sheep. (32) Wool products

“wool products” applies throughout its chapter

The term “wool products” means products produced, in whole or in part, from wool and products containing wool fiber.

“Agricultural Act of 1949” applies throughout its chapter

the term “Agricultural Act of 1949” means the Agricultural Act of 1949 ( 7 U.S.C. 1421 et seq.), as in effect prior to the suspensions under section 7301(b)(1) of this title . (2) Considered planted

“considered planted” applies throughout its chapter

The term “considered planted” means acreage that is considered planted under title V of the Agricultural Act of 1949 ( 7 U.S.C. 1461 et seq.) and such other acreage as the Secretary considers fair and equitable. (3) Contract

“contract” applies throughout its chapter

The terms “contract” and “production flexibility contract” mean a production flexibility contract entered into under section 7211 of this title . (4) Contract acreage

“contract acreage” applies throughout its chapter

The term “contract acreage” means 1 or more crop acreage bases established for contract commodities under title V of the Agricultural Act of 1949 ( 7 U.S.C. 1461 et seq.) that would have been in effect for the 1996 crop (but for suspension under section 7301(b)(1) of this title ). (5) Contract commodity

“contract commodity” applies throughout its chapter

The term “contract commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, and rice. (6) Contract payment

“contract payment” applies throughout its chapter

The term “contract payment” means a payment made under this subchapter 1 pursuant to a contract. (7) Department

“Department” applies throughout its chapter

The term “Department” means the Department of Agriculture. (8) Extra long staple cotton

“extra long staple cotton” applies throughout its chapter

The term “extra long staple cotton” means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid thereof, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. (9) Farm program payment yield

“farm program payment yield” applies throughout its chapter

The term “farm program payment yield” means the farm program payment yield established for the 1995 crop of a contract commodity under section 505 of the Agricultural Act of 1949 ( 7 U.S.C. 1465 ). The Secretary shall adjust the farm program payment yield for the 1995 crop of a contract commodity to account for any additional yield payments made with respect to that crop under subsection (b)(2) of the section. (10) Loan commodity

“loan commodity” applies throughout its chapter

The term “loan commodity” means each contract commodity, extra long staple cotton, and oilseed. (11) Oilseed

“oilseed” applies throughout its chapter

The term “oilseed” means a crop of soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, or, if designated by the Secretary, other oilseeds. (12) Producer

“producer” applies throughout its chapter

The term “producer” means an owner, operator, landlord, tenant, or sharecropper who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. In determining whether a grower of hybrid seed is a producer, the Secretary shall not take into consideration the existence of a hybrid seed contract. (13) Secretary

“production flexibility contract” applies throughout its chapter

The terms “contract” and “production flexibility contract” mean a production flexibility contract entered into under section 7211 of this title . (4) Contract acreage

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Agriculture. (14) State

“State” applies throughout its chapter

The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (15) United States The term “United States”, when used in a geographical sense, means all of the States.

“demand” applies in that section

The term “demand” means— (I) the average seasonally adjusted annual rate of domestic mill consumption during the most recent 3 months for which data are available; and (II) the larger of— (aa) average exports of upland cotton during the preceding 6 marketing years; or (bb) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established. (iii) Limited global import quota

“limited global import quota” applies in that section

The term “limited global import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. (E) Quota entry period When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary. (2) No overlap Notwithstanding paragraph (1), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (b).

“special import quota” applies in that section

the term “special import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. (7) Limitation The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 5 week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.

“supply” applies in that section

The term “supply” means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury— (I) the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established; (II) production of the current crop; and (III) imports to the latest date available during the marketing year. (ii) Demand

“high moisture state” applies in that section

the term “high moisture state” means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 7231 of this title . (b) Recourse loans available for seed cotton (1) Upland cotton For each of the 1996 through 2002 crops of upland cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, to producers on a farm containing eligible cropland covered by a production flexibility contract.

“manufacturing allowance” applies in that section

the term “manufacturing allowance” means— (1) the amount by which the product price value of butter and nonfat dry milk manufactured from a hundred pounds of milk containing 3.5 pounds of butterfat and 8.7 pounds of milk solids not fat resulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce those products; or (2) the amount by which the product price value of cheese manufactured from a hundred pounds of milk containing 3.5 pounds of butterfat and 8.7 pounds of milk solids not fat resulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce cheese.

“eligible crop” applies in that section

the term “eligible crop” means each commercial crop or other agricultural commodity that is produced for food or fiber (except livestock) for which catastrophic risk protection under subsection (b) of section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) and additional coverage under subsections (c) and (h) of such section are not available or, if such coverage is available, it is only available under a policy that provides coverage for specific intervals based on weather indexes or under a whole farm plan of insurance. (B) Crops specifically included

“legal entity” applies in that section

the terms “legal entity” and “person” have the meanings given those terms in section 1308(a) of this title . (2) Payment limitation The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) for any crop year may not exceed— (A) in the case of catastrophic coverage under subsection (c), $125,000; and (B) in the case of additional coverage under subsection ( l ), $300,000.

“native sod” applies in that section

the term “native sod” means land— (i) on which the plant cover is composed principally of native grasses, grasslike plants, forbs, or shrubs suitable for grazing and browsing; and (ii) that has never been tilled, or the producer cannot substantiate that the ground has ever been tilled, for the production of an annual crop as of the date of enactment of this paragraph.

“person” applies in that section

the terms “legal entity” and “person” have the meanings given those terms in section 1308(a) of this title . (2) Payment limitation The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) for any crop year may not exceed— (A) in the case of catastrophic coverage under subsection (c), $125,000; and (B) in the case of additional coverage under subsection ( l ), $300,000.

“certified organic farm” applies in that section

The term “certified organic farm” has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 ). (B) Covered person

“commodity promotion law” applies in that section

the term “commodity promotion law” means a Federal law that provides for the establishment and operation of a promotion program regarding an agricultural commodity that includes a combination of promotion, research, industry information, or consumer information activities, is funded by mandatory assessments on producers or processors, and is designed to maintain or expand markets and uses for the commodity (as determined by the Secretary). The term includes— (1) the marketing promotion provisions under section 608c(6)(I) of this title ; (2) Public Law 89–502 ( 7 U.S.C. 2101 et seq.); (3) title III of Public Law 91–670 ( 7 U.S.C. 2611 et seq.); (4) Public Law 93–428 ( 7 U.S.C.

“covered person” applies in that section

The term “covered person” means a producer, handler, marketer, or importer of an organic agricultural commodity. (C) Dual-covered agricultural commodity

“dual-covered agricultural commodity” applies in that section

The term “dual-covered agricultural commodity” means an agricultural commodity that— (i) is produced on a certified organic farm; and (ii) is covered under both— (I) an organic commodity promotion order issued pursuant to paragraph (2); and (II) any other agricultural commodity promotion order issued under a commodity promotion law. (2) Authorization The Secretary may issue an organic commodity promotion order under section 7413 of this title that includes any agricultural commodity that— (A) is produced or handled (as defined in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C.

“agricultural commodity” applies throughout its subchapter

The term “agricultural commodity” means— (A) agricultural, horticultural, viticultural, and dairy products; (B) livestock and the products of livestock; (C) the products of poultry and bee raising; (D) the products of forestry; (E) products, as a class, that are— (i) produced on a certified organic farm (as defined in section 6502 of this title ); and (ii) certified to be sold or labeled as “organic” or “100 percent organic” (as defined in part 205 of title 7, Code of Federal Regulations (or a successor regulation)); (F) other commodities raised or produced on farms, as determined appropriate by the Secretary; and (G) products processed or manufactured from products specified in the …

“board” applies throughout its subchapter

The term “board” means a board established under an order issued under section 7413 of this title . (3) Conflict of interest

“conflict of interest” applies throughout its subchapter

The term “conflict of interest” means a situation in which a member or employee of a board has a direct or indirect financial interest in a person that performs a service for, or enters into a contract with, a board for anything of economic value. (4) Department

“Department” applies throughout its subchapter

The term “Department” means the Department of Agriculture. (5) First handler

“first handler” applies throughout its subchapter

The term “first handler” means the first person who buys or takes possession of an agricultural commodity from a producer for marketing. If a producer markets the agricultural commodity directly to consumers, the producer shall be considered to be the first handler with respect to the agricultural commodity produced by the producer. (6) Importer

“importer” applies throughout its subchapter

The term “importer” means any person who imports an agricultural commodity from outside the United States for sale in the United States as a principal or as an agent, broker, or consignee of any person. (7) Information

“information” applies throughout its subchapter

The term “information” means information and programs that are designed to increase— (A) efficiency in processing; and (B) the development of new markets, marketing strategies, increased marketing efficiency, and activities to enhance the image of agricultural commodities on a national or international basis. (8) Market

“market” applies throughout its subchapter

The term “market” means to sell or to otherwise dispose of an agricultural commodity in interstate, foreign, or intrastate commerce. (9) Order

“order” applies throughout its subchapter

The term “order” means an order issued by the Secretary under section 7413 of this title that provides for a program of generic promotion, research, and information regarding agricultural commodities designed to— (A) strengthen the position of agricultural commodity industries in the marketplace; (B) maintain and expand existing domestic and foreign markets and uses for agricultural commodities; (C) develop new markets and uses for agricultural commodities; or (D) assist producers in meeting their conservation objectives. (10) Person

“person” applies throughout its subchapter

The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. (11) Producer

“producer” applies throughout its subchapter

The term “producer” means any person who is engaged in the production and sale of an agricultural commodity in the United States and who owns, or shares the ownership and risk of loss of, the agricultural commodity. (12) Promotion

“promotion” applies throughout its subchapter

The term “promotion” means any action taken by a board under an order, including paid advertising, to present a favorable image of an agricultural commodity to the public to improve the competitive position of the agricultural commodity in the marketplace and to stimulate sales of the agricultural commodity. (13) Research

“research” applies throughout its subchapter

The term “research” means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production, product development, or quality of an agricultural commodity. (14) Secretary

“Secretary” applies throughout its subchapter

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

“State” applies throughout its subchapter

The term “State” means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. (16) Suspend

“suspend” applies throughout its subchapter

The term “suspend” means to issue a rule under section 553 of title 5 to temporarily prevent the operation of an order during a particular period of time specified in the rule. (17) Terminate

“terminate” applies throughout its subchapter

The term “terminate” means to issue a rule under section 553 of title 5 to cancel permanently the operation of an order beginning on a date certain specified in the rule. (18) United States

“United States” applies throughout its subchapter

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

“Board” applies throughout its subchapter

The term “Board” means the National Canola and Rapeseed Board established under section 7444(b) of this title . (2) Canola; rapeseed

“canola” applies throughout its subchapter

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

“canola or rapeseed product” applies throughout its subchapter

The term “canola or rapeseed product” means a product produced, in whole or in part, from canola or rapeseed. (4) Commerce

“commerce” applies throughout its subchapter

The term “commerce” includes interstate, foreign, and intrastate commerce. (5) Conflict of interest

“conflict of interest” applies throughout its subchapter

The term “conflict of interest” means a situation in which a member of the Board has a direct or indirect financial interest in a corporation, partnership, sole proprietorship, joint venture, or other business entity dealing directly or indirectly with the Board. (6) Consumer information

“consumer information” applies throughout its subchapter

The term “consumer information” means information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of canola, rapeseed, or canola or rapeseed products. (7) Department

“Department” applies throughout its subchapter

The term “Department” means the Department of Agriculture. (8) First purchaser