Page:United States Statutes at Large Volume 106 Part 4.djvu/891

 PUBLIC LAW 102-546—OCT. 28, 1992 106 STAT. 3627 "(vii) such other persons not within the intent of this paragraph as the Commission may specify by rule, regulation, or order. "(C) INCIDENTAL SERVICES. — Subparagraph (B) shall apply only if the furnishing of such services by persons referred to in subparagraph (B) is solely incidental to the conduct of their business or profession. "(D) ADVISORS.— The Commission, by rule or regulation, may include within the term 'commodity trading advisor', any person advising as to the value of commodities or issuing reports or analyses concerning commodities if the Commission determines that the rule or regulation will effectuate the purposes of this paragraph. "(6) CONTRACT OF SALE.— The term 'contract of sale' includes sales, agreements of sale, and agreements to sell. "(7) COOPERATIVE ASSOCIATION OF PRODUCERS. —The term 'cooperative association of producers' means any cooperative association, corporate, or otherwise, not less than 75 percent in good faith owned or controlled, directly or indirectly, by producers of agricultural products and otherwise complying with the Act of February 18, 1922 (42 Stat. 388, chapter 57; 7 U.S.C. 291 and 292), including any organization acting for a group of such associations and owned or controlled by such associations, except that business done for or with the United States, or any agency thereof, shall not be considered either member or nonmember business in determining the compliance of any such association with this Act. "(8) FLOOR BROKER.— The term 'floor broker' means any person who, in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged, shall purchase or sell for any other person any commodity for future delivery on or subject to the rules of any contract market. "(9) FLOOR TRADER. —The term 'floor trader' means any person who, in or surrounding any pit, ring, post, or other place provided by a contract market for the meeting of persons similarly engaged, purchases, or sells solely for such person's own account, any commodity for future delivery on or subject to the rules of any contract market. "(10) FOREIGN FUTURES AUTHORITY.—The term 'foreign futures authority* means any foreign government, or any department, agency, governmental body, or regulatory organization empowered by a foreign government to administer or enforce a law, rule, or regulation as it relates to a futures or options matter, or any department or agency of a political subdivision of a foreign government empowered to administer or enforce a law, rule, or regulation as it relates to a futures or options matter. "(11) FUTURE DELIVERY.—The term 'future delivery* does not include any sale of any cash commodity for deferred shipment or delivery. "(12) FUTURES COMMISSION MERCHANT.—The term 'futures commission merchant' means an individual, association, partnership, corporation, or trust that— "(A) is engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future deliv-

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