Section 103. The following words as used in sections one hundred and two through one hundred and fifteen of this chapter shall have the following meanings unless the context otherwise requires:

Terms Used In Massachusetts General Laws ch. 128 sec. 103

  • 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.
  • 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.

”Apples” means all apples produced within the commonwealth for the purpose of sale.

”Apple Promotion Advisory Board” means the advisory board established pursuant to section one hundred and fourteen of this chapter.

”Distributor” means any person engaged within the commonwealth, in selling, offering for sale, exchange, marketing or distributing fresh or processed apples which he has purchased or acquired from a producer or other person or which he is marketing on behalf of a producer or other person, whether as owner, agent, employee, broker or otherwise, but shall not include a retailer, except such retailer who purchases or acquires from or handles on behalf of any producer or other person, fresh or processed apples subject to regulation by the marketing agreement or order covering such apples.

”Grower” means any producer as defined in this section.

”Handler” means any person engaged in the operation of packing, grading, selling, offering for sale, exchange or marketing any fresh or processed apples, who as owner, agent or otherwise ships or causes such apples to be shipped.

”Marketing agreement” means an agreement entered into, with the approval of the commissioner, by producers with distributors, processors and handlers regulating the preparation, sale and handling of fresh and processed apples.

”Marketing order” means an order issued by the commissioner pursuant to said sections one hundred and two through one hundred and fifteen, prescribing rules and regulations governing the marketing for processing, the distributing, the sale or exchange of, or the handling in any manner of any fresh and processed apples sold in the commonwealth during any specified period or periods.

”Marketing season” means the period beginning July first of any year and extending through June thirtieth of the following year.

”Person” means any individual, firm, corporation, partnership, company or unincorporated association.

”Producer” means any person engaged within the commonwealth in the business of growing apples, or causing apples to be grown for any market.

”Processor” means any person, firm, corporation, partnership, company, or unincorporated association which performs any of the functions or acts of processing as defined herein.

”Processing” and ”process” are synonymous terms and mean all operations involved in receiving, grading, packing, canning, freezing, dehydrating, preserving, grinding, crushing, peeling, slicing, concentrating, or in any other way preserving or changing the form of apples, as herein defined for marketing in any form other than for fresh consumption.