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| Definitions | 1260.101 – 1260.130 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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51 FR 26138, July 18, 1986, unless otherwise noted.
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The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.
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Department means the United States Department of Agriculture.
Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in the Secretary's stead.
Board means the Cattlemen's Beef Promotion and Research Board established pursuant to the Act and this subpart.
Committee means the Beef Promotion Operating Committee established pursuant to the Act and this subpart.
Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.
Collecting person means the person making payment to a producer for cattle, or any other person who is responsible for collecting and remitting an assessment pursuant to the Act, the order and regulations prescribed by the Board and approved by the Secretary.
State means each of the 50 States.
United States means the 50 States and the District of Columbia.
Unit means each State, group of States or class designation which is represented on the Board.
Fiscal year means the calendar year or such other annual period as the Board may determine.
Federation means the Beef Industry Council of the National Live Stock and Meat Board, or any successor organization to the Beef Industry Council, which includes as its State affiliates the qualified State beef councils.
Established national nonprofit industry-governed organizations means organizations which:
(a) Are nonprofit organizations pursuant to sections 501(c) (3), (5) or (6) of the Internal Revenue Code (26 U.S.C. 501(c) (3), (5) and (6));
(b) Are governed by a board of directors representing the cattle or beef industry on a national basis; and
(c) Have been active and ongoing for at least two years.
[51 FR 26138, July 18, 1986, as amended at 77 FR 52599, Aug. 30, 2012]
Eligible organization means any organization which has been certified by the Secretary pursuant to the Act and this part as being eligible to submit nominations for membership on the Board.
Qualified State beef council means a beef promotion entity that is authorized by State statute or a beef promotion entity organized and operating within a State that receives voluntary assessments or contributions; conducts beef promotion, research, and consumer and industry information programs; and that is certified by the Board pursuant to this subpart as the beef promotion entity in such State.
Producer means any person who owns or acquires ownership of cattle; provided, however, that a person shall not be considered a producer within the meaning of this subpart if
(a) the person's only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee; or
(b) the person
(1) acquired ownership of cattle to facilitate the transfer of ownership of such cattle from the seller to a third party,
(2) resold such cattle no later than ten (10) days from the date on which the person acquired ownership, and
(3) certified, as required by regulations prescribed by the Board and approved by the Secretary, that the requirements of this provision have been satisfied.
Importer means any person who imports cattle, beef, or beef products from outside the United States.
Cattle means live domesticated bovine animals regardless of age.
Beef means flesh of cattle.
Beef products means edible products produced in whole or in part from beef, exclusive of milk and products made therefrom.
Imported beef or beef products means products which are imported into the United States which the Secretary determines contain a substantial amount of beef including those products which have been assigned one or more numbers in the Tariff Schedule of the United States.
[82 FR 24456, May 30, 2017]
Promotion means any action, including paid advertising, to advance the image and desirability of beef and beef products with the express intent of improving the competitive position and stimulating sales of beef and beef products in the marketplace.
Research means studies relative to the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef products, other related food science research, and new product development.
Consumer information means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparing, and use of beef and beef products.
Industry information means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency, and activities to enhance the image of the cattle industry.
Plans and projects means promotion, research, consumer information and industry information plans, studies or projects conducted pursuant to this subpart.
Marketing means the sale or other disposition in commerce of cattle, beef or beef products.
Act means the Beef Promotion and Research Act of 1985, Title XVI, Subtitle A of the Food Security Act of 1985, Pub. L. 99-198 and any amendments thereto.
Customs Service means the United States Customs and Border Protection of the United States Department of Homeland Security.
[79 FR 46963, Aug. 12, 2014]
Part means the Beef Promotion and Research Order and all rules and regulations issued pursuant to the Act and the order, and the order itself shall be a “subpart” of such part.