r/title-7-AGRICULTURE wiki — defined terms

“alternative trading system” applies throughout its chapter

The term “alternative trading system” means an organization, association, or group of persons that— (A) is registered as a broker or dealer pursuant to section 15(b) of the Securities Exchange Act of 1934 [ 15 U.S.C. 78 o (b)] (except paragraph (11) thereof); (B) performs the functions commonly performed by an exchange (as defined in section 3(a)(1) of the Securities Exchange Act of 1934 [ 15 U.S.C.

“appropriate Federal banking agency” applies throughout its chapter

The term “appropriate Federal banking agency”— (A) has the meaning given the term in section 1813 of title 12 ; (B) means the Board in the case of a noninsured State bank; and (C) is the Farm Credit Administration for farm credit system institutions. (3) Associated person of a security-based swap dealer or major security-based swap participant

“associated person of a swap dealer or major swap participant” applies throughout its chapter

The term “associated person of a swap dealer or major swap participant” means a person who is associated with a swap dealer or major swap participant as a partner, officer, employee, or agent (or any person occupying a similar status or performing similar functions), in any capacity that involves— (i) the solicitation or acceptance of swaps; or (ii) the supervision of any person or persons so engaged. (B) Exclusion Other than for purposes of section 6s(b)(6) of this title , the term “associated person of a swap dealer or major swap participant” does not include any person associated with a swap dealer or major swap participant the functions of which are solely clerical or ministerial.

“Board” applies throughout its chapter

The term “Board” means the Board of Governors of the Federal Reserve System. (6) Board of trade

“board of trade” applies throughout its chapter

The term “board of trade” means any organized exchange or other trading facility. (7) Cleared swap

“cleared swap” applies throughout its chapter

The term “cleared swap” means any swap that is, directly or indirectly, submitted to and cleared by a derivatives clearing organization registered with the Commission. (8) Commission

“Commission” applies throughout its chapter

The term “Commission” means the Commodity Futures Trading Commission established under section 2(a)(2) of this title . (9) Commodity

“commodity” applies throughout its chapter

The term “commodity” means wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, mill feeds, butter, eggs, Solanum tuberosum (Irish potatoes), wool, wool tops, fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil, and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans, soybean meal, livestock, livestock products, and frozen concentrated orange juice, and all other goods and articles, except onions (as provided by section 13–1 of this title ) and motion picture box office receipts (or any index, measure, value, or data related to such receipts), and all services, rights, and interests (except motion picture box office …

“commodity pool” applies throughout its chapter

The term “commodity pool” means any investment trust, syndicate, or similar form of enterprise operated for the purpose of trading in commodity interests, including any— (i) commodity for future delivery, security futures product, or swap; (ii) agreement, contract, or transaction described in section 2(c)(2)(C)(i) of this title or section 2(c)(2)(D)(i) of this title ; (iii) commodity option authorized under section 6c of this title ; or (iv) leverage transaction authorized under section 23 of this title .

“commodity pool operator” applies throughout its chapter

The term “commodity pool operator” means any person— (i) engaged in a business that is of the nature of a commodity pool, investment trust, syndicate, or similar form of enterprise, and who, in connection therewith, solicits, accepts, or receives from others, funds, securities, or property, either directly or through capital contributions, the sale of stock or other forms of securities, or otherwise, for the purpose of trading in commodity interests, including any— (I) commodity for future delivery, security futures product, or swap; (II) agreement, contract, or transaction described in section 2(c)(2)(C)(i) of this title or section 2(c)(2)(D)(i) of this title ; (III) commodity option …

“commodity trading advisor” applies in that section

the term “commodity trading advisor” means any person who— (i) for compensation or profit, engages in the business of advising others, either directly or through publications, writings, or electronic media, as to the value of or the advisability of trading in— (I) any contract of sale of a commodity for future delivery, security futures product, or swap; (II) any agreement, contract, or transaction described in section 2(c)(2)(C)(i) of this title or section 2(c)(2)(D)(i) of this title 1 (III) any commodity option authorized under section 6c of this title ; or (IV) any leverage transaction authorized under section 23 of this title ; (ii) for compensation or profit, and as part of a regular …

“contract of sale” applies in that section

The term “contract of sale” includes sales, agreements of sale, and agreements to sell. (14) Cooperative association of producers

“cooperative association of producers” applies in that section

The term “cooperative association of producers” means any cooperative association, corporate, or otherwise, not less than 75 percent in good faith owned or controlled, directly or indirectly, by producers of agricultural products and otherwise complying with sections 291 and 292 of this title, including any organization acting for a group of such associations and owned or controlled by such associations, except that business done for or with the United States, or any agency thereof, shall not be considered either member or nonmember business in determining the compliance of any such association with this chapter. (15) Derivatives clearing organization (A) In general

“derivatives clearing organization” applies in that section

The term “derivatives clearing organization” means a clearinghouse, clearing association, clearing corporation, or similar entity, facility, system, or organization that, with respect to an agreement, contract, or transaction— (i) enables each party to the agreement, contract, or transaction to substitute, through novation or otherwise, the credit of the derivatives clearing organization for the credit of the parties; (ii) arranges or provides, on a multilateral basis, for the settlement or netting of obligations resulting from such agreements, contracts, or transactions executed by participants in the derivatives clearing organization; or (iii) otherwise provides clearing services or …

“electronic trading facility” applies in that section

The term “electronic trading facility” means a trading facility that— (A) operates by means of an electronic or telecommunications network; and (B) maintains an automated audit trail of bids, offers, and the matching of orders or the execution of transactions on the facility. (17) Eligible commercial entity

“eligible commercial entity” applies in that section

The term “eligible commercial entity” means, with respect to an agreement, contract or transaction in a commodity— (A) an eligible contract participant described in clause (i), (ii), (v), (vii), (viii), or (ix) of paragraph (18)(A) that, in connection with its business— (i) has a demonstrable ability, directly or through separate contractual arrangements, to make or take delivery of the underlying commodity; (ii) incurs risks, in addition to price risk, related to the commodity; or (iii) is a dealer that regularly provides risk management or hedging services to, or engages in market-making activities with, the foregoing entities involving transactions to purchase or sell the commodity or …

“eligible contract participant” applies in that section

The term “eligible contract participant” means— (A) acting for its own account— (i) a financial institution; (ii) an insurance company that is regulated by a State, or that is regulated by a foreign government and is subject to comparable regulation as determined by the Commission, including a regulated subsidiary or affiliate of such an insurance company; (iii) an investment company subject to regulation under the Investment Company Act of 1940 ( 15 U.S.C.

“excluded commodity” applies in that section

The term “excluded commodity” means— (i) an interest rate, exchange rate, currency, security, security index, credit risk or measure, debt or equity instrument, index or measure of inflation, or other macroeconomic index or measure; (ii) any other rate, differential, index, or measure of economic or commercial risk, return, or value that is— (I) not based in substantial part on the value of a narrow group of commodities not described in clause (i); or (II) based solely on one or more commodities that have no cash market; (iii) any economic or commercial index based on prices, rates, values, or levels that are not within the control of any party to the relevant contract, agreement, or …

“exempt commodity” applies in that section

The term “exempt commodity” means a commodity that is not an excluded commodity or an agricultural commodity. (21) Financial institution

“financial institution” applies in that section

The term “financial institution” means— (A) a corporation operating under the fifth undesignated paragraph of section 25 of the Federal Reserve Act ( 12 U.S.C. 603 ), commonly known as “an agreement corporation”; (B) a corporation organized under section 25A of the Federal Reserve Act ( 12 U.S.C.

“floor broker” applies in that section

The term “floor broker” means any person— (i) who, in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged, shall purchase or sell for any other person— (I) any commodity for future delivery, security futures product, or swap; or (II) any commodity option authorized under section 6c of this title ; or (ii) who is registered with the Commission as a floor broker.

“floor trader” applies in that section

The term “floor trader” means any person— (i) who, in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged, purchases, or sells solely for such person’s own account— (I) any commodity for future delivery, security futures product, or swap; or (II) any commodity option authorized under section 6c of this title ; or (ii) who is registered with the Commission as a floor trader.

“foreign exchange forward” applies in that section

The term “foreign exchange forward” means a transaction that solely involves the exchange of 2 different currencies on a specific future date at a fixed rate agreed upon on the inception of the contract covering the exchange. (25) Foreign exchange swap

“foreign exchange swap” applies in that section

The term “foreign exchange swap” means a transaction that solely involves— (A) an exchange of 2 different currencies on a specific date at a fixed rate that is agreed upon on the inception of the contract covering the exchange; and (B) a reverse exchange of the 2 currencies described in subparagraph (A) at a later date and at a fixed rate that is agreed upon on the inception of the contract covering the exchange. (26) Foreign futures authority

“foreign futures authority” applies in that section

The term “foreign futures authority” means any foreign government, or any department, agency, governmental body, or regulatory organization empowered by a foreign government to administer or enforce a law, rule, or regulation as it relates to a futures or options matter, or any department or agency of a political subdivision of a foreign government empowered to administer or enforce a law, rule, or regulation as it relates to a futures or options matter. (27) Future delivery The term “future delivery” does not include any sale of any cash commodity for deferred shipment or delivery. (28) Futures commission merchant (A) In general

“futures commission merchant” applies in that section

The term “futures commission merchant” means an individual, association, partnership, corporation, or trust— (i) that— (I) is— (aa) engaged in soliciting or in accepting orders for— (AA) the purchase or sale of a commodity for future delivery; (BB) a security futures product; (CC) a swap; (DD) any agreement, contract, or transaction described in section 2(c)(2)(C)(i) of this title or section 2(c)(2)(D)(i) of this title ; (EE) any commodity option authorized under section 6c of this title ; or (FF) any leverage transaction authorized under section 23 of this title ; or (bb) acting as a counterparty in any agreement, contract, or transaction described in section 2(c)(2)(C)(i) of this title or …

“hybrid instrument” applies in that section

The term “hybrid instrument” means a security having one or more payments indexed to the value, level, or rate of, or providing for the delivery of, one or more commodities. (30) Interstate commerce

“interstate commerce” applies in that section

The term “interstate commerce” means commerce— (A) between any State, territory, or possession, or the District of Columbia, and any place outside thereof; or (B) between points within the same State, territory, or possession, or the District of Columbia, but through any place outside thereof, or within any territory or possession, or the District of Columbia. (31) Introducing broker (A) In general

“introducing broker” applies in that section

The term “introducing broker” means any person (except an individual who elects to be and is registered as an associated person of a futures commission merchant)— (i) who— (I) is engaged in soliciting or in accepting orders for— (aa) the purchase or sale of any commodity for future delivery, security futures product, or swap; (bb) any agreement, contract, or transaction described in section 2(c)(2)(C)(i) of this title or section 2(c)(2)(D)(i) of this title ; (cc) any commodity option authorized under section 6c of this title ; or (dd) any leverage transaction authorized under section 23 of this title ; and (II) does not accept any money, securities, or property (or extend credit in lieu …

“major security-based swap participant” applies in that section

The term “major security-based swap participant” has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (33) Major swap participant (A) In general

“major swap participant” applies in that section

The term “major swap participant” means any person who is not a swap dealer, and— (i) maintains a substantial position in swaps for any of the major swap categories as determined by the Commission, excluding— (I) positions held for hedging or mitigating commercial risk; and (II) positions maintained by any employee benefit plan (or any contract held by such a plan) as defined in paragraphs (3) and (32) of section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C.

“member” applies in that section

The term “member” means, with respect to a registered entity or derivatives transaction execution facility, an individual, association, partnership, corporation, or trust— (A) owning or holding membership in, or admitted to membership representation on, the registered entity or derivatives transaction execution facility; or (B) having trading privileges on the registered entity or derivatives transaction execution facility. A participant in an alternative trading system that is designated as a contract market pursuant to section 7b–1 of this title is deemed a member of the contract market for purposes of transactions in security futures products through the contract market.

“narrow-based security index” applies in that section

The term “narrow-based security index” means an index— (i) that has 9 or fewer component securities; (ii) in which a component security comprises more than 30 percent of the index’s weighting; (iii) in which the five highest weighted component securities in the aggregate comprise more than 60 percent of the index’s weighting; or (iv) in which the lowest weighted component securities comprising, in the aggregate, 25 percent of the index’s weighting have an aggregate dollar value of average daily trading volume of less than $50,000,000 (or in the case of an index with 15 or more component securities, $30,000,000), except that if there are two or more securities with equal weighting that could …

“option” applies in that section

The term “option” means an agreement, contract, or transaction that is of the character of, or is commonly known to the trade as, an “option”, “privilege”, “indemnity”, “bid”, “offer”, “put”, “call”, “advance guaranty”, or “decline guaranty”. (37) Organized exchange

“organized exchange” applies in that section

The term “organized exchange” means a trading facility that— (A) permits trading— (i) by or on behalf of a person that is not an eligible contract participant; or (ii) by persons other than on a principal-to-principal basis; or (B) has adopted (directly or through another nongovernmental entity) rules that— (i) govern the conduct of participants, other than rules that govern the submission of orders or execution of transactions on the trading facility; and (ii) include disciplinary sanctions other than the exclusion of participants from trading. (38) Person The term “person” imports the plural or singular, and includes individuals, associations, partnerships, corporations, and trusts.

“prudential regulator” applies in that section

The term “prudential regulator” means— (A) the Board in the case of a swap dealer, major swap participant, security-based swap dealer, or major security-based swap participant that is— (i) a State-chartered bank that is a member of the Federal Reserve System; (ii) a State-chartered branch or agency of a foreign bank; (iii) any foreign bank which does not operate an insured branch; (iv) any organization operating under section 25A of the Federal Reserve Act [ 12 U.S.C. 611 et seq.] or having an agreement with the Board under section 225 of the Federal Reserve Act 4 ; (v) any bank holding company (as defined in section 2 of the Bank Holding Company Act of 1965 4 ( 12 U.S.C.

“registered entity” applies in that section

The term “registered entity” means— (A) a board of trade designated as a contract market under section 7 of this title ; (B) a derivatives clearing organization registered under section 7a–1 of this title ; (C) a board of trade designated as a contract market under section 7b–1 of this title ; (D) a swap execution facility registered under section 7b–3 of this title ; (E) a swap data repository registered under section 24a of this title ; and (F) with respect to a contract that the Commission determines is a significant price discovery contract, any electronic trading facility on which the contract is executed or traded. (41) Security

“Secretary” applies in that section

the term “Secretary” means the Secretary of the Treasury. (F) Exception for certain foreign exchange swaps and forwards (i) Registered entities Any foreign exchange swap and any foreign exchange forward that is listed and traded on or subject to the rules of a designated contract market or a swap execution facility, or that is cleared by a derivatives clearing organization, shall not be exempt from any provision of this chapter or amendments made by the Wall Street Transparency and Accountability Act of 2010 prohibiting fraud or manipulation.

“security” applies in that section

The term “security” means a security as defined in section 2(a)(1) of the Securities Act of 1933 ( 15 U.S.C. 77b(a)(1) ) or section 3(a)(10) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(10) ). (42) Security-based swap

“security future” applies in that section

The term “security future” means a contract of sale for future delivery of a single security or of a narrow-based security index, including any interest therein or based on the value thereof, except an exempted security under section 3(a)(12) of the Securities Exchange Act of 1934 [ 15 U.S.C. 78c(a)(12) ] as in effect on January 11, 1983 (other than any municipal security as defined in section 3(a)(29) of the Securities Exchange Act of 1934 [ 15 U.S.C. 78c(a)(29) ] as in effect on January 11, 1983 ).

“security futures product” applies in that section

The term “security futures product” means a security future or any put, call, straddle, option, or privilege on any security future. (46) Significant price discovery contract

“security-based swap” applies in that section

The term “security-based swap” has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (43) Security-based swap dealer

“security-based swap dealer” applies in that section

The term “security-based swap dealer” has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (44) Security future

“significant price discovery contract” applies in that section

The term “significant price discovery contract” means an agreement, contract, or transaction subject to section 2(h)(5) of this title . (47) Swap (A) In general Except as provided in subparagraph (B),

“swap” applies in that section

the term “swap” means any agreement, contract, or transaction— (i) that is a put, call, cap, floor, collar, or similar option of any kind that is for the purchase or sale, or based on the value, of 1 or more interest or other rates, currencies, commodities, securities, instruments of indebtedness, indices, quantitative measures, or other financial or economic interests or property of any kind; (ii) that provides for any purchase, sale, payment, or delivery (other than a dividend on an equity security) that is dependent on the occurrence, nonoccurrence, or the extent of the occurrence of an event or contingency associated with a potential financial, economic, or commercial consequence; (iii) …

“swap data repository” applies in that section

The term “swap data repository” means any person that collects and maintains information or records with respect to transactions or positions in, or the terms and conditions of, swaps entered into by third parties for the purpose of providing a centralized recordkeeping facility for swaps. (49) Swap dealer (A) In general

“swap dealer” applies in that section

The term “swap dealer” means any person who— (i) holds itself out as a dealer in swaps; (ii) makes a market in swaps; (iii) regularly enters into swaps with counterparties as an ordinary course of business for its own account; or (iv) engages in any activity causing the person to be commonly known in the trade as a dealer or market maker in swaps, provided however, in no event shall an insured depository institution be considered to be a swap dealer to the extent it offers to enter into a swap with a customer in connection with originating a loan with that customer.

“swap execution facility” applies in that section

The term “swap execution facility” means a trading system or platform in which multiple participants have the ability to execute or trade swaps by accepting bids and offers made by multiple participants in the facility or system, through any means of interstate commerce, including any trading facility, that— (A) facilitates the execution of swaps between persons; and (B) is not a designated contract market. (51) Trading facility (A) In general

“trading facility” applies in that section

The term “trading facility” means a person or group of persons that constitutes, maintains, or provides a physical or electronic facility or system in which multiple participants have the ability to execute or trade agreements, contracts, or transactions— (i) by accepting bids or offers made by other participants that are open to multiple participants in the facility or system; or (ii) through the interaction of multiple bids or multiple offers within a system with a pre-determined non-discretionary automated trade matching and execution algorithm.

“compliance date” applies in that section

the term “compliance date” means the later of— (aa) 180 days after the end of the first full calendar month period in which the average aggregate comparable share volume for all security futures products based on single equity securities traded on all designated contract markets and registered derivatives transaction execution facilities equals or exceeds 10 percent of the average aggregate comparable share volume of options on single equity securities traded on all national securities exchanges registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [ 15 U.S.C. 78f(a) ] and any national securities associations registered pursuant to section 15A(a) of such Act [ 15 U.S.C.

“Federal regulatory agency” applies throughout its chapter

the term “Federal regulatory agency” means— (I) the Commission; (II) the Securities and Exchange Commission; (III) an appropriate Federal banking agency; (IV) the National Credit Union Association; and (V) the Farm Credit Administration.

“financial entity” applies in that section

the term “financial entity” means— (I) a swap dealer; (II) a security-based swap dealer; (III) a major swap participant; (IV) a major security-based swap participant; (V) a commodity pool; (VI) a private fund as defined in section 80b–2(a) of title 15 ; (VII) an employee benefit plan as defined in paragraphs (3) and (32) of section 1002 of title 29 ; (VIII) a person predominantly engaged in activities that are in the business of banking, or in activities that are financial in nature, as defined in section 1843(k) of title 12 .

“real-time public reporting” applies in that section

the term “real-time public reporting” means to report data relating to a swap transaction, including price and volume, as soon as technologically practicable after the time at which the swap transaction has been executed. (B) Purpose The purpose of this section is to authorize the Commission to make swap transaction and pricing data available to the public in such form and at such times as the Commission determines appropriate to enhance price discovery.

“affiliated person” applies in that section

The term “affiliated person” means any person directly or indirectly controlling, controlled by, or under common control with a futures commission merchant, as the Commission, by rule or regulation, may determine will effectuate the purposes of this subsection. (ii) The term “Federal banking agency” shall have the same meaning as the term “appropriate Federal banking agency” in section 1813(q) of title 12 .

“broker association” applies in that section

the term “broker association” shall include two or more contract market members or registered derivatives transaction execution facility members with floor trading privileges of whom at least one is acting as a floor broker, who— (1) engage in floor brokerage activity on behalf of the same employer, (2) have an employer and employee relationship which relates to floor brokerage activity, (3) share profits and losses associated with their brokerage or trading activity, or (4) regularly share a deck of orders.

“dual trading” applies in that section

the term “dual trading” means the execution of customer orders by a floor broker during the same trading session in which the floor broker executes any trade in the same contract market or registered derivatives transaction execution facility for— (1) the account of such floor broker; (2) an account for which such floor broker has trading discretion; or (3) an account controlled by a person with whom such floor broker has a relationship through membership in a broker association. (c) “Broker association” defined As used in this section,

“special entity” applies in that section

the term “special entity” means— (i) a Federal agency; (ii) a State, State agency, city, county, municipality, or other political subdivision of a State; (iii) any employee benefit plan, as defined in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ); (iv) any governmental plan, as defined in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ); or (v) any endowment, including an endowment that is an organization described in section 501(c)(3) of title 26 .

“cotton futures contract” applies in that section

The term “cotton futures contract” means any contract of sale of cotton for future delivery made at, on, or in any exchange, board of trade, or similar institution or place of business which has been designated a “contract market” by the Commodity Futures Trading Commission pursuant to the Commodity Exchange Act [ 7 U.S.C.

“person” applies in that section

The term “person” includes an individual, trust, estate, partnership, association, company, or corporation. (4) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture of the United States. (5) Standards

“standards” applies in that section

The term “standards” means the official cotton standards of the United States established by the Secretary pursuant to the United States Cotton Standards Act, as amended [ 7 U.S.C. 51 et seq.]. (d) Bona fide spot markets and commercial differences (1) Definition For purposes of this section, the only markets which shall be considered bona fide spot markets shall be those which the Secretary shall, from time to time, after investigation, determine and designate to be such, and of which he shall give public notice.

“covered judicial or administrative action” applies in that section

The term “covered judicial or administrative action” means any judicial or administrative action brought by the Commission under this chapter that results in monetary sanctions exceeding $1,000,000. (2) Fund

“Fund” applies in that section

The term “Fund” means the Commodity Futures Trading Commission Customer Protection Fund established under subsection (g). (3) Monetary sanctions The term “monetary sanctions”, when used with respect to any judicial or administrative action means— (A) any monies, including penalties, disgorgement, restitution, and interest ordered to be paid; and (B) any monies deposited into a disgorgement fund or other fund pursuant to section 7246(b) of title 15 , as a result of such action or any settlement of such action. (4) Original information

“original information” applies in that section

The term “original information” means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Commission from any other source, unless the whistleblower is the original source of the information; and (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information.

“whistleblower” applies in that section

The term “whistleblower” means any individual, or 2 or more individuals acting jointly, who provides information relating to a violation of this chapter to the Commission, in a manner established by rule or regulation by the Commission.

“bank” applies in that section

the term “bank” means— (1) any depository institution (as defined in section 1813(c) of title 12 ); (2) any foreign bank or branch or agency of a foreign bank (each as defined in section 3101 of title 12 ); (3) any Federal or State credit union (as defined in section 1752 of title 12 ); (4) any corporation organized under section 25A of the Federal Reserve Act [ 12 U.S.C. 611 et seq.]; (5) any corporation operating under section 25 of the Federal Reserve Act [ 12 U.S.C.

“hybrid instrument” applies in that section

the term “hybrid instrument” means an identified banking product not excluded by section 27a of this title , offered by a bank, having one or more payments indexed to the value, level, or rate of, or providing for the delivery of, one or more commodities (as defined in section 1a of this title ).

“qualified investor” applies in that section

the term “qualified investor” means eligible contract participant (as defined in section 1a of this title , as in effect on December 21, 2000 ). (c) Hybrid instrument In sections 27 to 27f of this title,

“deceptive loading, handling, weighing, or sampling” applies throughout its chapter

the term “deceptive loading, handling, weighing, or sampling” means any manner of loading, handling, weighing, or sampling that deceives or tends to deceive official inspection personnel, as specified by regulations of the Secretary under this chapter;

“Department of Agriculture” applies throughout its chapter

the term “Department of Agriculture” means the United States Department of Agriculture;

“export elevator” applies throughout its chapter

the term “export elevator” means any grain elevator, warehouse, or other storage or handling facility in the United States as determined by the Secretary, from which grain is shipped from the United States to an area outside thereof;

“export grain” applies throughout its chapter

the term “export grain” means grain for shipment from the United States to any place outside thereof;

“export port location” applies throughout its chapter

the term “export port location” means a commonly recognized port of export in the United States or Canada, as determined by the Secretary, from which grain produced in the United States is shipped to any place outside the United States;

“false” applies throughout its chapter

the terms “false”, “incorrect”, and “misleading” mean, respectively, false, incorrect, and misleading in any particular;

“grain” applies throughout its chapter

the term “grain” means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under section 76 of this title ;

“incorrect” applies throughout its chapter

the terms “false”, “incorrect”, and “misleading” mean, respectively, false, incorrect, and misleading in any particular;

“interested person” applies throughout its chapter

the term “interested person” means any person having a contract or other financial interest in grain as the owner, seller, purchaser, warehouseman, or carrier, or otherwise; (s) the verb “ship” with respect to grain means transfer physical possession of the grain to another person for the purpose of transportation by any means of conveyance, or transport one’s own grain by any means of conveyance;

“interstate or foreign commerce” applies throughout its chapter

the term “interstate or foreign commerce” means commerce from any State to or through any other State, or to or through any foreign country;

“intracompany shipment” applies throughout its chapter

the term “intracompany shipment” means the shipment, within the United States, of grain lots between facilities owned or controlled by the person owning the grain. The shipment of grain owned by a cooperative, from a facility owned by that cooperative, to an export facility which it jointly owns with other cooperatives, qualifies as an intracompany shipment.

“lot” applies throughout its chapter

the term “lot” means a specific quantity of grain identified as such;

“misleading” applies throughout its chapter

the terms “false”, “incorrect”, and “misleading” mean, respectively, false, incorrect, and misleading in any particular;

“official agency” applies throughout its chapter

the term “official agency” means any State or local governmental agency, or any person, designated by the Secretary pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (c) of section 79a of this title for the conduct of official weighing or supervision of weighing (other than appeal weighing);

“official certificate” applies throughout its chapter

the terms “official certificate” and “official form” mean, respectively, a certificate or other form prescribed by regulations of the Secretary under this chapter;

“official form” applies throughout its chapter

the terms “official certificate” and “official form” mean, respectively, a certificate or other form prescribed by regulations of the Secretary under this chapter;

“official grade designation” applies throughout its chapter

the term “official grade designation” means a numerical or sample grade designation, specified in the standards relating to kind, class, quality, and condition of grain, provided for in this chapter;

“official inspection” applies throughout its chapter

the term “official inspection” means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of grain, under standards provided for in this chapter, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain; or other facts relating to grain under other criteria approved by the Secretary under this chapter (the term “officially inspected” shall be construed accordingly);

“official inspection personnel” applies throughout its chapter

the term “official inspection personnel” means persons licensed or otherwise authorized by the Secretary pursuant to section 84 of this title to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing;

“official mark” applies throughout its chapter

the term “official mark” means any symbol prescribed by regulations of the Secretary to show the official determination of official inspection or official weighing;

“official sample” applies throughout its chapter

the term “official sample” means a sample obtained from a lot of grain by, and submitted for official inspection by, official inspection personnel (the term “official sampling” shall be construed accordingly);

“official weighing” applies throughout its chapter

the term “official weighing” means the determination and certification by official inspection personnel of the quantity of a lot of grain under standards provided for in this chapter, based on the actual performance of weighing or the physical supervision thereof, including the physical inspection and testing for accuracy of the weights and scales and the physical inspection of the premises at which the weighing is performed and the monitoring of the discharge of grain into the elevator or conveyance (the terms “officially weigh” and “officially weighed” shall be construed accordingly);

“person” applies throughout its chapter

the term “person” means any individual, partnership, corporation, association, or other business entity;

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Agriculture of the United States or delegates of the Secretary;

“State” applies throughout its chapter

the term “State” means any one of the States (including Puerto Rico) or territories or possessions of the United States (including the District of Columbia);

“submitted sample” applies throughout its chapter

the term “submitted sample” means a sample submitted by or for an interested person for official inspection, other than an official sample;

“supervision of weighing” applies throughout its chapter

the term “supervision of weighing” means such supervision by official inspection personnel of the grain-weighing process as is determined by the Secretary to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance; and;

“United States” applies throughout its chapter

the term “United States” means the States (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia);

“eligible grain handling facility” applies in that section

the term “eligible grain handling facility” means a grain handling facility that— (I) was granted an exception under the final rule entitled “Exceptions to Geographic Areas for Official Agencies Under the USGSA” (68 Fed. Reg. 19137 ( April 18, 2003 )); and (II) had that exception revoked between September 30, 2015 , and December 20, 2018 .

“eligible grain handling facility” applies in that section

the term “eligible grain handling facility” means a grain handling facility that— (I) was granted an exception under the final rule entitled “Exceptions to Geographic Areas for Official Agencies Under the USGSA” (68 Fed. Reg. 19137 ( April 18, 2003 )); and (II) had that exception revoked between September 30, 2015 and December 20, 2018 .

“official inspection or weighing service” applies in that section

The term “official inspection or weighing service” means official inspection, official weighing, supervision of weighing, supervision of agency personnel, supervision of the field office personnel of the Secretary, testing of equipment or instruments, other services, or registration, the cost to the Secretary of which is authorized to be covered by the collection of a user fee pursuant to section 79, 79a, 79b, 87e, or 87f–1 of this title, as applicable. (B) User fee

“user fee” applies in that section

The term “user fee” means a fee collected by the Secretary under section 79, 79a, 79b, 87e, or 87f–1 of this title. (2) Requirement A user fee— (A) shall be used solely to cover— (i) the cost to the Secretary for carrying out official inspection or weighing services; and (ii) administrative costs to the Secretary directly relating to official inspection or weighing services; and (B) shall not be used for— (i) activities relating to the development or maintenance of grain standards; or (ii) any other activity that is not directly related to the performance of official inspection or weighing services.

“commerce” applies throughout its chapter

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

“active ingredient” applies throughout its subchapter

The term “active ingredient” means— (1) in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest; (2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof; (3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; (4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and (5) in the case of a …

“Administrator” applies throughout its subchapter

The term “Administrator” means the Administrator of the Environmental Protection Agency. (c) Adulterated The term “adulterated” applies to any pesticide if— (1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold; (2) any substance has been substituted wholly or in part for the pesticide; or (3) any valuable constituent of the pesticide has been wholly or in part abstracted. (d) Animal

“animal” applies throughout its subchapter

The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. (e) Certified applicator, etc. (1) Certified applicator

“antimicrobial pesticide” applies throughout its subchapter

The term “antimicrobial pesticide” means a pesticide that— (A) is intended to— (i) disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or (ii) protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (B) in the intended use is exempt from, or otherwise not subject to, a tolerance under section 346a of title 21 or a food additive regulation under section 348 of title 21 .

“certified applicator” applies throughout its subchapter

The term “certified applicator” means any individual who is certified under section 136i of this title as authorized to use or supervise the use of any pesticide which is classified for restricted use. Any applicator who holds or applies registered pesticides, or uses dilutions of registered pesticides consistent with subsection (ee), only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served is not deemed to be a seller or distributor of pesticides under this subchapter. (2) Private applicator

“commercial applicator” applies throughout its subchapter

The term “commercial applicator” means an applicator (whether or not the applicator is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (2).

“critical device” applies throughout its subchapter

the term “critical device” includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and

“defoliant” applies throughout its subchapter

The term “defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. (g) Desiccant

“desiccant” applies throughout its subchapter

The term “desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. (h) Device

“device” applies throughout its subchapter

The term “device” means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom. (i) District court

“district court” applies throughout its subchapter

The term “district court” means a United States district court, the District Court of Guam, the District Court of the Virgin Islands, and the highest court of American Samoa. (j) Environment

“environment” applies throughout its subchapter

The term “environment” includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these. (k) Fungus

“establishment” applies throughout its subchapter

The term “establishment” means any place where a pesticide or device or active ingredient used in producing a pesticide is produced, or held, for distribution or sale. (ee) To use any registered pesticide in a manner inconsistent with its labeling

“fungus” applies throughout its subchapter

The term “fungus” means any non-chlorophyll-bearing thallophyte (that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts), as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living man or other animals and those on or in processed food, beverages, or pharmaceuticals. (l) Imminent hazard

“imminent hazard” applies throughout its subchapter

The term “imminent hazard” means a situation which exists when the continued use of a pesticide during the time required for cancellation proceeding would be likely to result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered or threatened by the Secretary pursuant to the Endangered Species Act of 1973 [ 16 U.S.C. 1531 et seq.]. (m) Inert ingredient

“inert ingredient” applies throughout its subchapter

The term “inert ingredient” means an ingredient which is not active. (n) Ingredient statement

“ingredient statement” applies throughout its subchapter

The term “ingredient statement” means a statement which contains— (1) the name and percentage of each active ingredient, and the total percentage of all inert ingredients, in the pesticide; and (2) if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elementary arsenic. (o) Insect

“insect” applies throughout its subchapter

The term “insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes, and wood lice. (p) Label and labeling (1) Label

“label” applies throughout its subchapter

The term “label” means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. (2) Labeling

“labeling” applies throughout its subchapter

The term “labeling” means all labels and all other written, printed, or graphic matter— (A) accompanying the pesticide or device at any time; or (B) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health and Human Services, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.

“maintenance applicator” applies throughout its subchapter

The term “maintenance applicator” means any individual who, in the principal course of such individual’s employment, uses, or supervises the use of, a pesticide not classified for restricted use (other than a ready to use consumer products pesticide); for the purpose of providing structural pest control or lawn pest control including janitors, general maintenance personnel, sanitation personnel, and grounds maintenance personnel.

“minor use” applies throughout its subchapter

The term “minor use” means the use of a pesticide on an animal, on a commercial agricultural crop or site, or for the protection of public health where— (1) the total United States acreage for the crop is less than 300,000 acres, as determined by the Secretary of Agriculture; or (2) the Administrator, in consultation with the Secretary of Agriculture, determines that, based on information provided by an applicant for registration or a registrant, the use does not provide sufficient economic incentive to support the initial registration or continuing registration of a pesticide for such use and— (A) there are insufficient efficacious alternative registered pesticides available for the use; …

“nematode” applies throughout its subchapter

The term “nematode” means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms. (s) Person

“nitrogen stabilizer” applies throughout its subchapter

The term “nitrogen stabilizer” means any substance or mixture of substances intended for preventing or hindering the process of nitrification, denitrification, ammonia volatilization, or urease production through action upon soil bacteria.

“outstanding data requirement” applies throughout its subchapter

The term “outstanding data requirement” means a requirement for any study, information, or data that is necessary to make a determination under section 136a(c)(5) of this title and which study, information, or data— (A) has not been submitted to the Administrator; or (B) if submitted to the Administrator, the Administrator has determined must be resubmitted because it is not valid, complete, or adequate to make a determination under section 136a(c)(5) of this title and the regulations and guidelines issued under such section.

“person” applies throughout its subchapter

The term “person” means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not. (t) Pest

“pest” applies throughout its subchapter

The term “pest” means (1) any insect, rodent, nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which the Administrator declares to be a pest under section 136w(c)(1) of this title . (u) Pesticide

“pesticide” applies throughout its subchapter

The term “pesticide” means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer, except that the term “pesticide” shall not include any article that is a “new animal drug” within the meaning of section 321(w) 1 of title 21, that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 321(x) 1 of title 21 bearing or containing a new animal …

“plant regulator” applies throughout its subchapter

The term “plant regulator” means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

“private applicator” applies throughout its subchapter

The term “private applicator” means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator’s employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person. (3) Commercial applicator

“produce” applies throughout its subchapter

The term “produce” means to manufacture, prepare, compound, propagate, or process any pesticide or device or active ingredient used in producing a pesticide. The dilution by individuals of formulated pesticides for their own use and according to the directions on registered labels shall not of itself result in such individuals being included in the definition of “producer” for the purposes of this subchapter. (x) Protect health and the environment

“producer” applies throughout its subchapter

The term “producer” means the person who manufactures, prepares, compounds, propagates, or processes any pesticide or device or active ingredient used in producing a pesticide.

“protect health and the environment” applies throughout its subchapter

The terms “protect health and the environment” and “protection of health and the environment” mean protection against any unreasonable adverse effects on the environment. (y) Registrant

“protection of health and the environment” applies throughout its subchapter

The terms “protect health and the environment” and “protection of health and the environment” mean protection against any unreasonable adverse effects on the environment. (y) Registrant

“public health pesticide” applies throughout its subchapter

The term “public health pesticide” means any minor use pesticide product registered for use and used predominantly in public health programs for vector control or for other recognized health protection uses, including the prevention or mitigation of viruses, bacteria, or other microorganisms (other than viruses, bacteria, or other microorganisms on or in living man or other living animal) that pose a threat to public health. (oo) Vector

“registrant” applies throughout its subchapter

The term “registrant” means a person who has registered any pesticide pursuant to the provisions of this subchapter. (z) Registration

“registration” applies throughout its subchapter

The term “registration” includes reregistration. (aa) State

“semi-critical device” applies throughout its subchapter

the term “semi-critical device” includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. (v) Plant regulator

“service technician” applies throughout its subchapter

The term “service technician” means any individual who uses or supervises the use of pesticides (other than a ready to use consumer products pesticide) for the purpose of providing structural pest control or lawn pest control on the property of another for a fee. The term “service technician” does not include individuals who use antimicrobial pesticides, sanitizers or disinfectants; or who otherwise apply ready to use consumer products pesticides. (ll) Minor use

“State” applies throughout its subchapter

The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and American Samoa. (bb) Unreasonable adverse effects on the environment

“to distribute or sell” applies throughout its subchapter

The term “to distribute or sell” means to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver. The term does not include the holding or application of registered pesticides or use dilutions thereof by any applicator who provides a service of controlling pests without delivering any unapplied pesticide to any person so served. (hh) Nitrogen stabilizer

“to use any registered pesticide in a manner inconsistent with its labeling” applies throughout its subchapter

The term “to use any registered pesticide in a manner inconsistent with its labeling” means to use any registered pesticide in a manner not permitted by the labeling, except that the term shall not include (1) applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency, (2) applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless the Administrator has required that the labeling specifically state that the pesticide may be used only for the …

“unreasonable adverse effects on the environment” applies throughout its subchapter

The term “unreasonable adverse effects on the environment” means (1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the standard under section 346a of title 21 . The Administrator shall consider the risks and benefits of public health pesticides separate from the risks and benefits of other pesticides.

“vector” applies throughout its subchapter

The term “vector” means any organism capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including mosquitoes, flies, fleas, cockroaches, or other insects and ticks, mites, or rats.

“weed” applies throughout its subchapter

The term “weed” means any plant which grows where not wanted. (dd) Establishment

“as expeditiously as possible” applies in that section

the term “as expeditiously as possible” means that the Administrator shall, to the greatest extent practicable, complete a review and evaluation of all data, submitted with a complete application, within 12 months after the submission of the complete application, and the failure of the Administrator to complete such a review and evaluation under clause (i) shall not be subject to judicial review; and;

“covered agency” applies in that section

the term “covered agency” means any of the following: (i) The Department of Agriculture. (ii) The Department of Commerce. (iii) The Department of the Interior. (iv) The Council on Environmental Quality. (v) The Environmental Protection Agency. (B) Establishment The Administrator shall establish an interagency working group, to be comprised of representatives from each covered agency, to provide recommendations regarding, and to implement a strategy for improving, the consultation process required under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) for pesticide registration and registration review.

“full-time period” applies in that section

the term “full-time period” means the time period originally established by the Administrator for submission of such data, beginning with the date of receipt by the registrant of the Administrator’s notice of denial. (4) Notice of application The Administrator shall publish in the Federal Register, promptly after receipt of the statement and other data required pursuant to paragraphs (1) and (2), a notice of each application for registration of any pesticide if it contains any new active ingredient or if it would entail a changed use pattern. The notice shall provide for a period of 30 days in which any Federal agency or any other interested person may comment.

“significant minor uses” applies in that section

the term “significant minor uses” means 3 or more minor uses proposed for every nonminor use, a minor use that would, in the judgment of the Administrator, serve as a replacement for any use which has been canceled in the 5 years preceding the receipt of the application, or a minor use that in the opinion of the Administrator would avoid the reissuance of an emergency exemption under section 136p of this title for that minor use.