Secretary means the Secretary of Agriculture of the United States, or any other officer or employee of the United States Department of Agriculture who is, or who may be, authorized to perform the duties of the Secretary of Agriculture of the United States.

Act means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.).

Person means an individual, partnership, corporation, association, or any other business unit.

Area of production means the State of California.

Grower is synonymous with producer and means any person engaged in a proprietary capacity in the commercial production of walnuts.

Board means the California Walnut Board established pursuant to § 934.35.

Marketing year means the twelve months from September 1 to the following August 31, both inclusive, or any other such period deemed appropriate and recommended by the Board for approval by the Secretary.

Walnuts means only walnuts of the “English” (Juglans regia) varieties grown in California.

Inshell walnuts means walnuts the kernels of which are contained in the shell.

Shelled walnuts means walnut kernels after the shells are removed.

(a) Inshell. Merchantable inshell walnuts means all inshell walnuts meeting the minimum grade and size regulations effective pursuant to § 984.50.

(b) Shelled. Merchantable shelled walnuts means all shelled walnuts meeting the minimum grade and size regulations effective pursuant to § 984.50.

Substandard walnuts means all walnuts (whether inshell or shelled) that do not meet the minimum standard prescribed for merchantable walnuts whenever regulations are in effect pursuant to § 984.50.

To handle means to receive, pack, sell, consign, transport, or ship (except as a common or contract carrier of walnuts owned by another person), or in any other way to put walnuts, inshell or shelled, into the current of commerce either within the area of production or from such area to any point outside thereof, or for a manufacturer or retailer within the area of production to purchase directly from a grower. However, sales and deliveries by a grower to handlers, hullers, or other processors within the area of production shall not, in itself, be considered as handling by a grower. The term “to handle” shall not include sales and deliveries within the area of production between handlers.

Handler means any person who handles inshell or shelled walnuts.

Pack means to bleach, clean, grade, shell or otherwise prepare walnuts for market as inshell or shelled walnuts.

Manufacturer means any person who uses walnuts in the production of bakery goods, ice cream, candy, or other food products, except walnut oil.

Kernelweight means the determined weight of the kernels in a quantity of walnuts regardless of their quality.

Handler inventory as of any date means all walnuts, inshell or shelled, wherever located, then held by a handler or for his or her account.

(a) Inshell. The quantity of inshell walnuts that the trade will acquire from all handlers during a marketing year for distribution in the United States and its territories.

(b) Shelled. The quantity of shelled walnuts that the trade will acquire from all handlers during a marketing year for distribution in the United States and its territories.

Part means the order regulating the handling of walnuts grown in California, and all rules, regulations, and supplementary orders issued thereunder. This order regulating the handling of walnuts grown in California shall be a subpart of such part.

To certify means the issuance of a certification of inspection of walnuts in accordance with regulations issued pursuant to § 984.50.