Page:United States Statutes at Large Volume 104 Part 5.djvu/593

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3915 (7) it is appropriate to finance the cooperative program described in paragraph (6) with self-help assessments paid by the fluid milk processors; and (8) fluid milk products move in interstate and foreign commerce, and fluid milk products that do not move in such channels of commerce directly burden or affect interstate commerce in fluid milk products. (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 fluid milk products produced in the United States) and carrying out an effective and coordinated program of advertising designed to strengthen the position of the dairy industry in the marketplace and to maintain and expand markets and uses for fluid milk products produced in the United States. Nothing in this subtitle shall be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk. SEC. 1999C. DEFINITIONS. 7 USC 6402. As used in this subtitle: (1) ADVERTISING.—The term "advertising" means any advertising or promotion program involving only fluid milk products and directed toward increasing the general demand for fluid milk products. (2) BOARD.— The term "Board" means the National Processor Advertising and Promotion Board established under section 1999H(b). (3) FLUID MILK PRODUCT. —The term "fluid milk product"— (A) means any of the following products in fluid or frozen form: milk, skim milk, lowfat milk, milk drinks, buttermilk, filled milk, and milkshake and ice milk mixes containing less than 20 percent total solids, including any such products that are flavored, cultured, modified with added nonfat milk solids, concentrated (if in a consumer-type package), or reconstituted; and (B) does not include evaporated or condensed milk (plain or sweetened), evaporated or condensed skim milk (plain or sweetened), formulas specially prepared for infant feeding or dietary use that are packaged in hermetically sealed glass or all-metal containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey. (4) FLUID MILK PROCESSOR. —The term "fluid milk processor" means any person who processes and markets commercially fluid milk products in consumer-type packages. (5) DEPARTMENT.—The term "Department" means the Department of Agriculture. (6) RESEARCH.— The term "research"— (A) means market research limited to the support of advertising and promotion efforts, including educational activities; and (B) does not include research directed to product characteristics such as nutrients; product development including new products; or improved technology in production, manufacturing or processing; or any other efforts not directly applicable to measuring or increasing the effective-

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