As used in this chapter–

(1) Commerce

Terms Used In 7 USC 6102

  • association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
  • commerce: means interstate, foreign, or intrastate commerce. See 7 USC 6102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the Mushroom Council established under section 6104(b) of this title. See 7 USC 6102
  • Department: means the Department of Agriculture. See 7 USC 6102
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
  • marketing: means the sale or other disposition of mushrooms in any channel of commerce. See 7 USC 6102
  • mushrooms: means all varieties of cultivated mushrooms grown within the United States for the fresh market, or imported into the United States for the fresh market, that are marketed, except that such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed, as may be determined by the Secretary. See 7 USC 6102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. See 7 USC 6102
  • producer: means any person engaged in the production of mushrooms who owns or who shares the ownership and risk of loss of such mushrooms and who produces, on average, over 500,000 pounds of mushrooms per year. See 7 USC 6102
  • Secretary: means the Secretary of Agriculture. See 7 USC 6102
  • United States: include the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See 7 USC 6102

The term “commerce” means interstate, foreign, or intrastate commerce.

(2) Consumer information

The term “consumer information” means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of mushrooms.

(3) Council

The term “Council” means the Mushroom Council established under section 6104(b) of this title.

(4) Department

The term “Department” means the Department of Agriculture.

(5) First handler

The term “first handler” means any person, as described in an order issued under this chapter, who receives or otherwise acquires mushrooms from a producer and prepares for marketing or markets such mushrooms, or who prepares for marketing or markets mushrooms of that person’s own production.

(6) Importer

The term “importer” means any person who imports, on average, over 500,000 pounds of mushrooms annually from outside the United States.

(7) Industry information

The term “industry information” means information and programs that are designed to lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the mushroom industry.

(8) Marketing

The term “marketing” means the sale or other disposition of mushrooms in any channel of commerce.

(9) Mushrooms

The term “mushrooms” means all varieties of cultivated mushrooms grown within the United States for the fresh market, or imported into the United States for the fresh market, that are marketed, except that such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed, as may be determined by the Secretary.

(10) Person

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

(11) Producer

The term “producer” means any person engaged in the production of mushrooms who owns or who shares the ownership and risk of loss of such mushrooms and who produces, on average, over 500,000 pounds of mushrooms per year.

(12) Promotion

The term “promotion” means any action determined by the Secretary to enhance the image or desirability of mushrooms, including paid advertising.

(13) Research

The term “research” means any type of study to advance the image, desirability, marketability, production, product development, quality, or nutritional value of mushrooms.

(14) Secretary

The term “Secretary” means the Secretary of Agriculture.

(15) State and United States

The terms “State” and “United States” include the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.