As used in this chapter
(1) Board The term Board means the Pecan Marketing Board established in section
6005 (b) of this title.
(2) Commerce
The term commerce means interstate, foreign, or intrastate commerce.
(3) Conflict of interest
The term conflict of interest means a situation in which a member 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.
(4) 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 pecans.
(5) Department
The term Department means the Department of Agriculture.
(6) District
The term district means a geographical area of the United States, as determined by the Board and approved by the Secretary, in which there is produced approximately one-fourth of the volume of pecans produced in the United States.
(7) First handler
The term first handler means the first person who buys or takes possession of pecans from a grower for marketing. If a grower markets pecans directly to consumers, such grower shall be considered the first handler with respect to pecans grown by such grower.
(8) Grower
The term grower means any person engaged in the production and sale of pecans in the United States who owns, or who shares the ownership and risk of loss of, such pecans.
(9) Grower-sheller The term grower-sheller means a person who
(A) shells pecans, or has pecans shelled for such person, in the United States; and
(B) during the immediately previous year, grew 50 percent or more of the pecans such person shelled or had shelled for such person.
(10) Handle
The term handle means receipt of in-shell pecans by a sheller or first handler, including pecans produced by such sheller or first handler.
(11) Importer
The term importer means any person who imports pecans from outside of the United States for sale in the United States.
(12) Industry information
The term industry information means information and programs that will lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the pecan industry.
(13) In-shell pecan
The term in-shell pecan means a pecan that has a shell that has not been removed.
(14) To market
The term to market means to sell or offer to dispose of pecans in any channel of commerce.
(15) Member
The term member means a member of the Board.
(16) Pecan
The term pecan means the nut of the pecan tree carya illinoensis.
(17) Person
The term person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.
(18) Plan The term plan means a plan issued under section
6003 of this title.
(19) Promotion
The term promotion means any action taken by the Board, pursuant to this chapter, to present a favorable image of pecans to the public with the express intent of improving the competitive position of pecans in the marketplace and stimulating sales of pecans, including paid advertising.
(20) Research
The term research means any type of test, study, or analysis designed to advance the image, desirability, usage, marketability, production, product development, or quality of pecans.
(21) Secretary
The term Secretary means the Secretary of Agriculture.
(22) Shell
The term shell means to remove the shell from an in-shell pecan.
(23) Shelled pecan
The term shelled pecan means a pecan kernel, or portion of a kernel, after the pecan shell has been removed.
(24) Sheller The term sheller means any person who
(A) shells pecans or has pecans shelled for the account of such person; and
(B) during the immediately previous year, purchased more than 50 percent of the pecans such person shelled or had shelled for such account.
(25) State
The term State means any of the several States, the District of Columbia and the Commonwealth of Puerto Rico.
(26) United States
The term United States means collectively the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
