Page:United States Statutes at Large Volume 110 Part 1.djvu/1074

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110 STAT. 1050 PUBLIC LAW 104-127—APR. 4, 1996 (10) INDUSTRY MEMBER.— The term "industry member" means a member of the canola and rapeseed industry who represents— (A) manufacturers of canola or rapeseed products; or (B) persons who commercially buy or sell canola or rapeseed. (11) MARKETING. — The term "marketing" means the sale or other disposition of canola, rapeseed, or canola or rapeseed products in a channel of commerce. (12) ORDER.— The term "order" means an order issued under section 534. (13) PERSON. —The term "person" means an individual, partnership, corporation, association, cooperative, or any other legal entity. (14) PRODUCER. — The term "producer" means a person engaged in the growing of canola or rapeseed in the tJnited States who owns, or who shares the ownership and risk of loss of, the canola or rapeseed. (15) PROMOTION. — The term "promotion" means an action, including paid advertising, technical assistance, or a trade servicing activity, to enhance the image or desirability of canola, rapeseed, or canola or rapeseed products in domestic and foreign markets, or an activity designed to communicate to consumers, processors, wholesalers, retailers, government officials, or other persons information relating to the positive attributes of canola, rapeseed, or canola or rapeseed products or the benefits of use or distribution of canola, rapeseed, or canola or rapeseed products. (16) RESEARCH. — The term "research" means any type of test, study, or analysis to advance the image, desirability, marketability, production, product development, quality, or functional or nutritional value of canola, rapeseed, or canola or rapeseed products, including research activity designed to identify and analyze barriers to export sales of canola or rapeseed produced in the United States. (17) SECRETARY. —The term "Secretary" means the Secretary of Agriculture. (18) STATE. —The term "State" means any of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico. (19) UNITED STATES.— The term "United States" means collectively the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 7 USC 7443. SEC. 534. ISSUANCE AND AMENDMENT OF ORDERS. (a) IN GENERAL.—Subject to subsection (b), the Secretary shall issue 1 or more orders under this subtitle applicable to producers and first purchasers of canola, rapeseed, or canola or rapeseed products. The order shall be national in scope. Not more than 1 order shall be in effect under this subtitle at any 1 time. (b) PROCEDURE.— (1) PROPOSAL OR REQUEST FOR ISSUANCE. — The Secretary may propose the issuance of an order under this subtitle, or an association of canola and rapeseed producers or any other person that would be affected by an order issued pursuant to this subtitle may request the issuance of, and submit a proposal for, an order.