Title 2, Chapter 8, Section 11
As used in this article, the term:
(1) "Advertising and sales promotion" means, in addition to the
ordinarily accepted meaning thereof, trade promotion and
activities for the prevention, modification, or removal of trade
barriers which restrict the normal flow of agricultural
commodities to market and may include the presentation of facts to
and negotiations with state, federal, or foreign governmental
agencies on matters which affect the marketing of any commodity or
commodities included in any marketing order made effective
pursuant to this article.
(2) "Agricultural commodity" means any and all agricultural,
horticultural, floricultural, and vegetable products produced in
this state or any class, variety, or utilization thereof, either
in their natural state or as processed by a producer for the
purpose of marketing such product or by a processor as defined in
this Code section, and shall include any one, any combination
thereof, or all of the agricultural products, livestock and
livestock products, poultry and poultry products, timber and
timber products, fish and seafood, and the products of the farms
and forests of this state. For the purpose of this article, the
term "agricultural commodity" shall not mean or include peanuts.
(3) "Commission" means each and every agricultural commodity
commission created under this article.
(4) "Distributor" means any person who engages in the operation of
selling, marketing, or distributing an agricultural commodity
which he has produced or has purchased or acquired from a producer
or which he is marketing on behalf of a producer, whether as
owner, agent, employee, broker, or otherwise, but shall not
include a retailer as defined in this Code section, except a
retailer who purchases or acquires from, or handles on behalf of,
any producer, an agricultural commodity not theretofore subjected
to regulation by the marketing order covering such commodity.
(5) "Handler" means any person engaged within this state as a
distributor in the business of distributing an agricultural
commodity or any person engaged as a processor in the business of
processing an agricultural commodity.
(6) "Marketing order" means an order issued pursuant to this
article prescribing rules and regulations governing the
processing, distributing, or handling in any manner of any
agricultural commodity within this state or establishing an
assessment for financing the programs established under this
(7) "Person" means an individual, firm, corporation, association,
or any other business unit or any combination thereof and includes
any state agency which engages in any of the commercial activities
regulated pursuant to this article.
(8) "Processor" means any person engaged within this state in the
operation of receiving, grading, packing, canning, fermenting,
distilling, extracting, preserving, grinding, crushing, or
changing the form of an agricultural commodity for the purpose of
preparing such agricultural commodity for market or of marketing
such commodity or engaged in any other activities performed for
the purpose of preparing such commodity for market or of marketing
such commodity but shall not include a person engaged in
manufacturing another and different product from an agricultural
commodity, so changed in form. The term "processor" shall not
include an agent of the processor nor any person who receives an
agricultural commodity for or on the account of another person.
(9) "Producer" means any person engaged within this state in the
business of producing or causing to be produced for market any
agricultural commodity as defined in this Code section.
(10) "Producer marketing" or "marketed by producers" means any or
all operations performed by any producer in preparing for market
and includes selling, delivering, or disposing of, for commercial
purposes, any agricultural commodity which he has produced to any
handler as defined in this Code section.
(11) "Retailer" means any person who purchases or acquires any
agricultural commodity for resale at retail to the general public
for consumption off the premises; however, such person shall also
be included within the definition of "distributor," as set forth
in this Code section, to the extent that he engages in the
business of a distributor as defined in this Code section.
(12) "Seasonal marketing regulations" means marketing regulations,
applicable to a particular marketing order, made effective as
prescribed in this article for the purpose of carrying into
effect, by administrative order, the marketing regulatory
authorizations and the provisions of such marketing order, as such
authorizations or provisions may be applicable to or required by
changing economic or marketing conditions and requirements from
time to time during each marketing season in which such marketing
order may operate. Such seasonal marketing regulations shall not
extend beyond the marketing order concerned; nor shall they modify
or change the language of such marketing order.
(13) "To distribute" means to engage in the business of a
distributor as defined in this Code section.
(14) "To handle" means to engage in the business of a handler as
defined in this Code section.
(15) "To process" means to engage in the business of a processor
as defined in this Code section.