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| Definitions | 930.1 – 930.18 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
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61 FR 49942, Sept. 24, 1996, unless otherwise noted.
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Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended, and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended, 68 Stat. 906, 1047; 7 U.S.C. 601 et seq.).
Board means the Cherry Industry Administrative Board established pursuant to § 930.20.
Cherries means all tart/sour cherry varieties grown in the production area classified botanically as Prunus cerasas, or hybrids of Prunus cerasas by Prunus avium, or Prunus cerasas by Prunus fruticosa.
Crop year means the 12-month period beginning on July 1 of any year and ending on June 30 of the following year, or such other period as the Board, with the approval of the Secretary, may establish.
Department or USDA means the United States Department of Agriculture.
District means one of the subdivisions of the production area described in § 930.20(c), or such other subdivisions as may be established pursuant to § 930.21, or any subdivision added pursuant to § 930.52.
Fiscal period is synonymous with fiscal year and means the 12-month period beginning on July 1 of any year and ending on June 30 of the following year, or such other period as the Board, with the approval of the Secretary, may establish: Provided, that the initial fiscal period shall begin on the effective date of this part.
Free market tonnage percentage cherries means that proportion of cherries handled in a crop year which are free to be marketed in normal commercial outlets in that crop year under any volume regulation established pursuant to § 930.50 or § 930.51 and, in the absence of a restricted percentage being established for a crop year pursuant to § 930.50 or § 930.51, means all cherries received by handlers in that crop year.
Grower is synonymous with producer and means any person who produces cherries to be marketed in canned, frozen, or other processed form and who has a proprietary interest therein: Provided that, the term grower shall not include a person who produces cherries to be marketed exclusively for the fresh market in an unpitted condition.
Handle means the process to brine, can, concentrate, freeze, dehydrate, pit, press or puree cherries, or in any other way convert cherries commercially into a processed product, or divert cherries pursuant to § 930.59, or to otherwise place cherries into the current of commerce within the production area or from the area to points outside thereof: Provided, That the term handle shall not include:
(a) The brining, canning, concentrating, freezing, dehydration, pitting, pressing or the converting, in any other way, of cherries into a processed product for home use and not for resale.
(b) The transportation within the production area of cherries from the orchard where grown to a processing facility located within such area for preparation for market.
(c) The delivery of such cherries to such processing facility for such preparation.
(d) The sale or transportation of cherries by a grower to a handler of record within the production area.
(e) The sale of cherries in the fresh market in an unpitted condition.
[61 FR 49942, Sept. 24, 1996, as amended at 77 FR 33306, June 6, 2012]
Handler means any person who first handles cherries or causes cherries to be handled for his or her own account.
Person means an individual, partnership, corporation, association, or any other business unit.
Production area means the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin.
Restricted percentage cherries means that proportion of cherries handled in a crop year which must be either placed into handlers' inventories in accordance with § 930.55 or § 930.57 or otherwise diverted in accordance with § 930.59 and thereby withheld from marketing in normal commercial outlets under any volume regulation established pursuant to § 930.50 or § 930.51.
Sales constituency means a common marketing organization or brokerage firm or individual representing a group of handlers and growers. An organization which receives consignments of cherries and does not direct where the consigned cherries are sold is not a sales constituency.
[66 FR 35896, July 10, 2001]
Secondary inventory reserve means any portion of handled cherries voluntarily placed into inventory by a handler under § 930.57.
Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the U.S. Department of Agriculture to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead.