---
kind: "section"
citation: "7 U.S.C. § 7412"
title: "7"
title_heading: "Agriculture"
number: "7412"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7412"
units:
  - "Chapter 101 — Agricultural Promotion"
  - "Subchapter II — Issuance of Orders for Promotion, Research, and Information Activities Regarding Agricultural Commodities"
---

# §7412. Definitions


In this subchapter (unless the context otherwise requires):

- (1) **Agricultural commodity—** The term “agricultural commodity” means—
  - (A) agricultural, horticultural, viticultural, and dairy products;
  - (B) livestock and the products of livestock;
  - (C) the products of poultry and bee raising;
  - (D) the products of forestry;
  - (E) products, as a class, that are—
    - (i) produced on a certified organic farm (as defined in [section 6502 of this title](/usc/7/6502.md)); and
    - (ii) certified to be sold or labeled as “organic” or “100 percent organic” (as defined in part [205](/usc/7/205.md) of title 7, Code of Federal Regulations (or a successor regulation));
  - (F) other commodities raised or produced on farms, as determined appropriate by the [Secretary](#14); and
  - (G) products processed or manufactured from products specified in the preceding subparagraphs, as determined appropriate by the [Secretary](#14).
- (2) **Board—** The term “board” means a board established under an [order](#9) issued under [section 7413 of this title](/usc/7/7413.md).
- (3) **Conflict of interest—** The term “conflict of interest” means a situation in which a member or employee of a [board](#2) has a direct or indirect financial interest in a [person](#10) that performs a service for, or enters into a contract with, a [board](#2) for anything of economic value.
- (4) **Department—** The term “Department” means the Department of Agriculture.
- (5) **First handler—** The term “first handler” means the first [person](#10) who buys or takes possession of an [agricultural commodity](#1) from a [producer](#11) for marketing. If a [producer](#11) [markets](#8) the [agricultural commodity](#1) directly to consumers, the [producer](#11) shall be considered to be the first handler with respect to the [agricultural commodity](#1) produced by the [producer](#11).
- (6) **Importer—** The term “importer” means any [person](#10) who imports an [agricultural commodity](#1) from outside the [United States](#18) for sale in the [United States](#18) as a principal or as an agent, [broker](/usc/7/499a.md?p=b-7), or consignee of any [person](#10).
- (7) **Information—** The term “information” means information and programs that are designed to increase—
  - (A) efficiency in processing; and
  - (B) the development of new [markets](#8), marketing strategies, increased marketing efficiency, and activities to enhance the image of [agricultural commodities](#1) on a national or international basis.
- (8) **Market—** The term “market” means to sell or to otherwise dispose of an [agricultural commodity](#1) in interstate, foreign, or intrastate commerce.
- (9) **Order—** The term “order” means an order issued by the [Secretary](#14) under [section 7413 of this title](/usc/7/7413.md) that provides for a program of generic [promotion](#12), [research](#13), and [information](#7) regarding [agricultural commodities](#1) designed to—
  - (A) strengthen the position of [agricultural commodity](#1) industries in the marketplace;
  - (B) maintain and expand existing domestic and foreign [markets](#8) and uses for [agricultural commodities](#1);
  - (C) develop new [markets](#8) and uses for [agricultural commodities](#1); or
  - (D) assist [producers](#11) in meeting their conservation objectives.
- (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](#10) who is engaged in the production and sale of an [agricultural commodity](#1) in the [United States](#18) and who owns, or shares the ownership and risk of loss of, the [agricultural commodity](#1).
- (12) **Promotion—** The term “promotion” means any action taken by a [board](#2) under an [order](#9), including paid advertising, to present a favorable image of an [agricultural commodity](#1) to the public to improve the competitive position of the [agricultural commodity](#1) in the marketplace and to stimulate sales of the [agricultural commodity](#1).
- (13) **Research—** The term “research” means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production, product development, or quality of an [agricultural commodity](#1).
- (14) **Secretary—** The term “Secretary” means the Secretary of Agriculture.
- (15) **State—** The term “State” means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the [United States](#18).
- (16) **Suspend—** The term “suspend” means to issue a rule under [section 553 of title 5](/usc/5/553.md) to temporarily prevent the operation of an [order](#9) during a particular period of time specified in the rule.
- (17) **Terminate—** The term “terminate” means to issue a rule under [section 553 of title 5](/usc/5/553.md) to cancel permanently the operation of an [order](#9) beginning on a date certain specified in the rule.
- (18) **United States—** The term “United States” means collectively the 50 [States](#15), the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States.

## Source credit

(Pub. L. 104–127, title V, § 513, Apr. 4, 1996, 110 Stat. 1033; Pub. L. 113–79, title X, § 10004(f), Feb. 7, 2014, 128 Stat. 944.)

## Notes

### Editorial Notes

### Amendments

2014—Par. (1)(E) to (G). Pub. L. 113–79 added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.