As used in this chapter—

(1) Commerce The term “commerce” means interstate, foreign, or intrastate commerce.

(2) Consumer information The term “consumer information” means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of mushrooms.

(3) Council The term “Council” means the Mushroom Council established under section 6104(b) of this title.

(4) Department The term “Department” means the Department of Agriculture.

(5) First handler The term “first handler” means any person, as described in an order issued under this chapter, who receives or otherwise acquires mushrooms from a producer and prepares for marketing or markets such mushrooms, or who prepares for marketing or markets mushrooms of that person’s own production.

(6) Importer The term “importer” means any person who imports, on average, over 500,000 pounds of mushrooms annually from outside the United States.

(7) Industry information The term “industry information” means information and programs that are designed to lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the mushroom industry.

(8) Marketing The term “marketing” means the sale or other disposition of mushrooms in any channel of commerce.

(9) Mushrooms The term “mushrooms” means all varieties of cultivated mushrooms grown within the United States for the fresh market, or imported into the United States for the fresh market, that are marketed, except that such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed, as may be determined by the Secretary.

(10) Person The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity.

(11) Producer The term “producer” means any person engaged in the production of mushrooms who owns or who shares the ownership and risk of loss of such mushrooms and who produces, on average, over 500,000 pounds of mushrooms per year.

(12) Promotion The term “promotion” means any action determined by the Secretary to enhance the image or desirability of mushrooms, including paid advertising.

(13) Research The term “research” means any type of study to advance the image, desirability, marketability, production, product development, quality, or nutritional value of mushrooms.

(14) Secretary The term “Secretary” means the Secretary of Agriculture.

(15) State and United States The terms “State” and “United States” include the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(Pub. L. 101–624, title XIX, § 1923, Nov. 28, 1990, 104 Stat. 3855.)