Page:United States Statutes at Large Volume 104 Part 5.djvu/534

 104 STAT. 3856 PUBLIC LAW 101-624—NOV. 28, 1990 (5) FIRST HANDLER. —The term "first handler" means any person, as described in an order issued under this subtitle, who receives or otherwise acquires mushrooms from a producer and prepares for marketing or markets such mushrooms, or who prepares for marketing or markets mushrooms of that person's own production. (6) IMPORTER. —The term "importer" means any person who imports, on average, over 500,000 pounds of mushrooms annually from outside the United States. (7) INDUSTRY INFORMATION. — The term "industry information" means information and programs that are designed to lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the mushroom industry. (8) MARKETING.—The term "marketing" means the sale or other disposition of mushrooms in any channel of commerce. (9) MUSHROOMS. —The term "mushrooms" means all varieties of cultivated mushrooms grown within the United States for the fresh market, or imported into the United States for the fresh market, that are marketed, except that such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed, as may be determined by the Secretary. (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 engaged in the production of mushrooms who owns or who shares the ownership and risk of loss of such mushrooms and who produces, on average, over 500,000 pounds of mushrooms per year. (12) PROMOTION.—The term "promotion" means any action determined by the Secretary to enhance the image or desirability of mushrooms, including paid advertising. (13) RESEARCH.—The term "research" means any type of study to advance the image, desirability, marketability, production, product development, quality, or nutritional value of mushrooms. (14) SECRETARY. — The term "Secretary" means the Secretary of Agriculture. (15) STATE AND UNITED STATES. —The terms "State" and "United States" include the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. 7 USC 6103. SEC. 1924. ISSUANCE OF ORDERS. (a) IN GENERAL. —To effectuate the declared policy of section 1922(b), the Secretary, subject to the procedures provided in subsection (b), shall issue orders under this subtitle applicable to producers, importers, and first handlers of mushrooms. Any such order shall be national in scope. Not more than one order shall be in effect under this subtitle at any one time. Qo) PROCEDURES.— (1) ISSUANCE OF AN ORDER. —The Secretary may propose the issuance of an order under this subtitle, or an association of mushroom producers or any other person that will be affected by this subtitle may request the issuance of, and submit a proposal for, such an order.

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