§ 7442. — 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: 7USC7442]
TITLE 7--AGRICULTURE
CHAPTER 101--AGRICULTURAL PROMOTION
SUBCHAPTER III--CANOLA AND RAPESEED
Sec. 7442. Definitions
In this subchapter (unless the context otherwise requires):
(1) Board
The term ``Board'' means the National Canola and Rapeseed Board
established under section 7444(b) of this title.
(2) Canola; rapeseed
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
The term ``canola or rapeseed product'' means a product
produced, in whole or in part, from canola or rapeseed.
(4) Commerce
The term ``commerce'' includes interstate, foreign, and
intrastate commerce.
(5) Conflict of interest
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
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
The term ``Department'' means the Department of Agriculture.
(8) First purchaser
The term ``first purchaser'' means--
(A) except as provided in subparagraph (B), a person who
buys or otherwise acquires canola, rapeseed, or canola or
rapeseed products produced by a producer; or
(B) the Commodity Credit Corporation, in a case in which
canola or rapeseed is forfeited to the Commodity Credit
Corporation as collateral for a loan issued under a price
support loan program administered by the Commodity Credit
Corporation.
(9) Industry information
The term ``industry information'' means information or a program
that will lead to the development of new markets, new marketing
strategies, or increased efficiency for the canola and rapeseed
industry, or an activity to enhance the image of the canola or
rapeseed industry.
(10) Industry member
The term ``industry member'' means a member of the canola and
rapeseed industry who represents--
(A) manufacturers of canola or rapeseed products; or
(B) persons who commercially buy or sell canola or rapeseed.
(11) Marketing
The term ``marketing'' means the sale or other disposition of
canola, rapeseed, or canola or rapeseed products in a channel of
commerce.
(12) Order
The term ``order'' means an order issued under section 7443 of
this title.
(13) Person
The term ``person'' means an individual, partnership,
corporation, association, cooperative, or any other legal entity.
(14) Producer
The term ``producer'' means a person engaged in the growing of
canola or rapeseed in the United States who owns, or who shares the
ownership and risk of loss of, the canola or rapeseed.
(15) Promotion
The term ``promotion'' means an action, including paid
advertising, technical assistance, or a trade servicing activity, to
enhance the image or desirability of canola, rapeseed, or canola or
rapeseed products in domestic and foreign markets, or an activity
designed to communicate to consumers, processors, wholesalers,
retailers, government officials, or other persons information
relating to the positive attributes of canola, rapeseed, or canola
or rapeseed products or the benefits of use or distribution of
canola, rapeseed, or canola or rapeseed products.
(16) Research
The term ``research'' means any type of test, study, or analysis
to advance the image, desirability, marketability, production,
product development, quality, or functional or nutritional value of
canola, rapeseed, or canola or rapeseed products, including research
activity designed to identify and analyze barriers to export sales
of canola or rapeseed produced in the United States.
(17) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(18) State
The term ``State'' means any of the 50 States, the District of
Columbia and the Commonwealth of Puerto Rico.
(19) United States
The term ``United States'' means collectively the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 104-127, title V, Sec. 533, Apr. 4, 1996, 110 Stat. 1049.)
