---
kind: "section"
citation: "7 U.S.C. § 7802"
title: "7"
title_heading: "Agriculture"
number: "7802"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7802"
units:
  - "Chapter 105 — Hass Avocado Promotion, Research, and Information"
---

# §7802. Definitions


As used in this chapter:

- (1) **Board—** The terms “Avocado Board” and “Board” mean the [Hass Avocado](#6-A) Board established under [section 7804 of this title](/usc/7/7804.md).
- (2) **Conflict of interest—** The term “conflict of interest” means a situation in which a member or employee of the [Board](#1) has a direct or indirect financial interest in a [person](#11) that performs a service for, or enters into a contract with, the [Board](#1) 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](#11) on the use, nutritional attributes, and other information that will assist consumers and other [persons](#11) in making evaluations and decisions regarding the purchase, preparation, and use of [Hass avocados](#6-A).
- (4) **Customs—** The term “Customs” means the [United States](#17) Customs Service.
- (5) **Department—** The term “Department” means the [United States](#17) 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](#1), with the approval of the [Secretary](#15), 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)](#6-C), the term includes avocado fruit described in [subparagraph (A)](#6-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)](#6-A), or products of such avocados, for sale to a [retailer](/usc/7/499a.md?p=b-11), the [Board](#1), with the approval of the [Secretary](#15), 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](#6-A) subject to assessment under the [order](#10). In addition, the [Board](#1), with the approval of the [Secretary](#15), may exempt certain frozen avocado products from assessment under the [order](#10).
- (7) **Handler—**
  - (A) **First handler—** The term “first handler” means a [person](#11) operating in the [Hass avocados](#6-A) marketing system that sells domestic or imported [Hass avocados](#6-A) for [United States](#17) domestic consumption, and who is responsible for remitting assessments to the [Board](#1). The term includes an [importer](#8) or [producer](#12) who sells directly to consumers [Hass avocados](#6-A) that the [importer](#8) or [producer](#12) has imported into the [United States](#17) or produced, respectively.
  - (B) **Exempt handler—** The term “exempt handler” means a [person](#11) who would otherwise be considered a [first handler](#7-A), except that all avocados purchased by the [person](#11) have already been subject to the assessment under [section 7804(h) of this title](/usc/7/7804.md?p=h).
- (8) **Importer—** The term “importer” means any [person](#11) who imports [Hass avocados](#6-A) into the [United States](#17).
- (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](/usc/7/198.md?p=1) and marketing strategies, increase marketing efficiency, and activities to enhance the image of [Hass avocados](#6-A) and the [Hass avocado](#6-A) industry domestically.
- (10) **Order—** The term “order” means the [Hass avocado](#6-A) [promotion](#13), [research](#14), 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](#11) who—
  - (A) is engaged in the domestic production of [Hass avocados](#6-A) for commercial use; and
  - (B) owns, or shares the ownership and risk of loss, of such [Hass avocados](#6-A).
- (13) **Promotion—** The term “promotion” means any action to advance the image, desirability, or marketability of [Hass avocados](#6-A), including paid advertising, sales promotion, and publicity, in [order](#10) to improve the competitive position and stimulate sales of [Hass avocados](#6-A) in the domestic marketplace.
- (14) **Research—** The term “research” means any type of test, study, or analysis relating to [market](/usc/7/198.md?p=1) research, [market](/usc/7/198.md?p=1) development, and marketing efforts, or relating to the use, quality, or nutritional value of [Hass avocados](#6-A), other related food science research, or research designed to advance the image, desirability, and marketability of [Hass avocados](#6-A).
- (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](#17), the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the [United States](#17) 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.

## Source credit

(Pub. L. 106–387, § 1(a) [title XII, § 1203], Oct. 28, 2000, 114 Stat. 1549, 1549A–79.)

## Notes

### Statutory Notes and Related Subsidiaries

### 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.