§ 6402. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6402]
TITLE 7--AGRICULTURE
CHAPTER 93--PROCESSOR-FUNDED MILK PROMOTION PROGRAM
Sec. 6402. Definitions
As used in this chapter:
(1) Advertising
The term ``advertising'' means any advertising or promotion
program involving only fluid milk products and directed toward
increasing the general demand for fluid milk products.
(2) Board
The term ``Board'' means the National Processor Advertising and
Promotion Board established under section 6407(b) of this title.
(3) Fluid milk product
The term ``fluid milk product'' has the meaning given the term
in--
(A) section 1000.15 of title 7, Code of Federal Regulations,
subject to such amendments as may be made by the Secretary; or
(B) any successor regulation.
(4) Fluid milk processor
The term ``fluid milk processor'' means any person who processes
and markets commercially more than 3,000,000 pounds of fluid milk
products in consumer-type packages per month (excluding products
delivered directly to the place of residence of a consumer).
(5) Department
The term ``Department'' means the Department of Agriculture.
(6) Research
The term ``research'' means market research to support
advertising and promotion efforts, including educational activities,
research directed to product characteristics, product development,
including new products or improved technology in production,
manufacturing or processing of milk and the products of milk.
(7) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(8) United States
The term ``United States'', except as used in sections 6410
through 6412 of this title, means the 48 contiguous States in the
continental United States and the District of Columbia.
(Pub. L. 101-624, title XIX, Sec. 1999C, Nov. 28, 1990, 104 Stat. 3915;
Pub. L. 103-72, Sec. 2(a), Aug. 11, 1993, 107 Stat. 717; Pub. L. 104-
127, title I, Sec. 146(c), Apr. 4, 1996, 110 Stat. 918; Pub. L. 107-171,
title I, Sec. 1506(a), (b), May 13, 2002, 116 Stat. 210.)
Amendments
2002--Par. (3). Pub. L. 107-171, Sec. 1506(a), added par. (3) and
struck out heading and text of former par. (3). Text read as follows:
``The term `fluid milk product'--
``(A) means any of the following products in fluid or frozen
form: milk, skim milk, lowfat milk, milk drinks, buttermilk, filled
milk, and milkshake and ice milk mixes containing less than 20
percent total solids, including any such products that are flavored,
cultured, modified with added nonfat milk solids, concentrated (if
in a consumer-type package), or reconstituted; and
``(B) does not include evaporated or condensed milk (plain or
sweetened), evaporated or condensed skim milk (plain or sweetened),
formulas specially prepared for infant feeding or dietary use that
are packaged in hermetically sealed glass or all-metal containers,
any product that contains by weight less than 6.5 percent nonfat
milk solids, and whey.''
Par. (4). Pub. L. 107-171, Sec. 1506(b), substituted ``3,000,000
pounds of fluid milk products in consumer-type packages per month
(excluding products delivered directly to the place of residence of a
consumer)'' for ``500,000 pounds of fluid milk products in consumer-type
packages per month''.
1996--Par. (6). Pub. L. 104-127 amended heading and text of par. (6)
generally. Text read as follows: ``The term `research'--
``(A) means market research limited to the support of
advertising and promotion efforts, including educational activities;
and
``(B) does not include research directed to product
characteristics such as nutrients; product development including new
products; or improved technology in production, manufacturing or
processing; or any other efforts not directly applicable to
measuring or increasing the effectiveness of advertising activities
in expanding sales of fluid milk products.''
1993--Par. (4). Pub. L. 103-72 amended par. (4) generally. Prior to
amendment, par. (4) read as follows: ``The term `fluid milk processor'
means any person who processes and markets commercially fluid milk
products in consumer-type packages.''
