7 U.S.C. § 1638

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1638 - Definitions

In this subchapter:

(1) Covered commodity

(A) In general

The term "covered commodity" means-

(i) muscle cuts of lamb and venison;

(ii) ground lamb and ground venison;

(iii) farm-raised fish;

(iv) wild fish;

(v) a perishable agricultural commodity;

(vi) peanuts; and¹

(vii) meat produced from goats;

(viii) chicken, in whole and in part;

(ix) ginseng;

(x) pecans; and

(xi) macadamia nuts.

(B) Exclusions

The term "covered commodity" does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item.

(2) Farm-raised fish

The term "farm-raised fish" includes-

(A) farm-raised shellfish; and

(B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish.

(3) Food service establishment

The term "food service establishment" means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public.

(4) Lamb

The term "lamb" means meat, other than mutton, produced from sheep.

(5) Perishable agricultural commodity; retailer

The terms "perishable agricultural commodity" and "retailer" have the meanings given the terms in section 499a(b) of this title.

(6) Secretary

The term "Secretary" means the Secretary of Agriculture, acting through the Agricultural Marketing Service.

(7) Wild fish

(A) In general

The term "wild fish" means naturally-born or hatchery-raised fish and shellfish harvested in the wild.

(B) Inclusions

The term "wild fish" includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish.

(C) Exclusions

The term "wild fish" excludes net-pen aquacultural or other farm-raised fish.

¹So in original. The word "and" probably should not appear.

7 U.S.C. § 1638

Aug. 14, 1946, ch. 966, title II, §281, as added Pub. L. 107-171, title X, §108160816,, 116 Stat. 533; amended Pub. L. 110-234, title XI, §11002(1), May 22, 2008, 112 Stat. 1351; Pub. L. 110-246, §4(a), title XI, §11002(1), June 18, 2008, 122 Stat. 1664, 2113; Pub. L. 113-79, title XII, §12104(b)(1), Feb. 7, 2014, 128 Stat. 979; Pub. L. 114-113, div. A, title VII, §759(a), Dec. 18, 2015, 129 Stat. 2284.

EDITORIAL NOTES

CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.

AMENDMENTS2015- Pub. L. 114-113 redesignated pars. (2), (3), (4), (5), (6), (8), and (9) as pars. (1), (2), (3), (4), (5), (6), and (7), respectively, in par. (1)(A)(i) struck out references to beef and pork, in par. (1)(A)(ii) struck out references to ground beef and ground pork, and struck out former pars. (1) and (7), which defined "beef" and "pork", respectively .2014-Par. (2)(A)(i). Pub. L. 113-79, §12104(b)(1)(A), substituted "pork, and venison" for "and pork".Par. (2)(A)(ii). Pub. L. 113-79, §12104(b)(1)(B), substituted "ground pork, and ground venison" for "and ground pork". 2008-Par. (2)(A)(vii) to (xi). Pub. L. 110-246, §11002(1), added cls. (vii) to (xi).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of this title.