Page:United States Statutes at Large Volume 104 Part 5.djvu/517

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3839 necessary to maintain and expand existing markets and develop new markets for pecans; and (7) pecans move in interstate and foreign commerce, and pecans that do not move in such channels of commerce directly burden or affect interstate commerce in pecans. (b) POLICY.— It is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this subtitle, of an orderly procedure for developing, financing (through adequate assessments ^ on pecans produced or imported into the United States), and carry- ing out an effective, continuous, coordinated program of promotion, research, industry information, and consumer information designed to— (1) strengthen the pecan industry's position in the marketplace; (2) maintain and expand existing domestic and foreign markets and uses for pecans; and (3) develop new markets and uses for pecans. (c) CONSTRUCTION.—Nothing in this subtitle may be construed to provide for the control of production or otherwise limit the right of any person to produce pecans. SEC. 1907. DEFINITIONS. 7 USC 6002. As used in this subtitle— (1) BOARD.— The term "Board" means the Pecan Marketing Board established in section 1910(b). (2) COMMERCE.— The term "commerce" means interstate, foreign, or intrastate commerce. (3) CoNFUCT 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 onefourth 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

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