§ 7802. — 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: 7USC7802]
TITLE 7--AGRICULTURE
CHAPTER 105--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION
Sec. 7802. Definitions
As used in this chapter:
(1) Board
The terms ``Avocado Board'' and ``Board'' mean the Hass Avocado
Board established under section 7804 of this title.
(2) Conflict of interest
The term ``conflict of interest'' means a situation in which a
member or employee of the Board has a direct or indirect financial
interest in a person that performs a service for, or enters into a
contract with, the Board for anything of economic value.
(3) Consumer information
The term ``consumer information'' means any action or program
that provides information to consumers and other persons on the use,
nutritional attributes, and other information that will assist
consumers and other persons in making evaluations and decisions
regarding the purchase, preparation, and use of Hass avocados.
(4) Customs
The term ``Customs'' means the United States Customs Service.
(5) Department
The term ``Department'' means the United States Department of
Agriculture.
(6) Hass avocado
(A) In general
The term ``Hass avocado'' includes--
(i) the fruit of any Hass variety avocado tree; and
(ii) any other type of avocado fruit that the Board,
with the approval of the Secretary, determines is so similar
to the Hass variety avocado as to be indistinguishable to
consumers in fresh form.
(B) Form of fruit
Except as provided in subparagraph (C), the term includes
avocado fruit described in subparagraph (A) whether in fresh,
frozen, or any other processed form.
(C) Exceptions
In any case in which a handler further processes avocados
described in subparagraph (A), or products of such avocados, for
sale to a retailer, the Board, with the approval of the
Secretary, may determine that such further processed products do
not constitute a substantial value of the product and that,
based on its determination, the product shall not be treated as
a product of Hass avocados subject to assessment under the
order. In addition, the Board, with the approval of the
Secretary, may exempt certain frozen avocado products from
assessment under the order.
(7) Handler
(A) First handler
The term ``first handler'' means a person operating in the
Hass avocados marketing system that sells domestic or imported
Hass avocados for United States domestic consumption, and who is
responsible for remitting assessments to the Board. The term
includes an importer or producer who sells directly to consumers
Hass avocados that the importer or producer has imported into
the United States or produced, respectively.
(B) Exempt handler
The term ``exempt handler'' means a person who would
otherwise be considered a first handler, except that all
avocados purchased by the person have already been subject to
the assessment under section 7804(h) of this title.
(8) Importer
The term ``importer'' means any person who imports Hass avocados
into the United States.
(9) Industry information
The term ``industry information'' means information and programs
that are designed to increase efficiency in processing, enhance the
development of new markets and marketing strategies, increase
marketing efficiency, and activities to enhance the image of Hass
avocados and the Hass avocado industry domestically.
(10) Order
The term ``order'' means the Hass avocado promotion, research,
and information order issued under this chapter.
(11) Person
The term ``person'' means any individual, group of individuals,
firm, partnership, corporation, joint stock company, association,
cooperative, or other legal entity.
(12) Producer
The term ``producer'' means any person who--
(A) is engaged in the domestic production of Hass avocados
for commercial use; and
(B) owns, or shares the ownership and risk of loss, of such
Hass avocados.
(13) Promotion
The term ``promotion'' means any action to advance the image,
desirability, or marketability of Hass avocados, including paid
advertising, sales promotion, and publicity, in order to improve the
competitive position and stimulate sales of Hass avocados in the
domestic marketplace.
(14) Research
The term ``research'' means any type of test, study, or analysis
relating to market research, market development, and marketing
efforts, or relating to the use, quality, or nutritional value of
Hass avocados, other related food science research, or research
designed to advance the image, desirability, and marketability of
Hass avocados.
(15) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(16) State
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, and the Federated States of Micronesia.
(17) United States
The term ``United States'' means the United States collectively.
(Pub. L. 106-387, Sec. 1(a) [title XII, Sec. 1203], Oct. 28, 2000, 114
Stat. 1549, 1549A-79.)
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 7804, 7805 of this title.
