Title 2, Chapter 8, Section 51
( 2-8-51)
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 peanuts 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 peanuts included in any marketing order
made effective pursuant to this article. (2) "Commission" means the Agricultural Commodity Commission for
Peanuts created under this article. (3) "Distributor" means any person who engages in the operation of
selling, marketing, or distributing peanuts 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 peanuts
not theretofore subjected to regulation by the marketing order
covering peanuts. (4) "Handler" means any person engaged within this state as a
distributor in the business of distributing peanuts or any person
engaged as a processor in the business of processing peanuts. (5) "Marketing order" means an order issued pursuant to this
article prescribing rules and regulations governing the
processing, distributing, or handling in any manner of peanuts
within this state or establishing an assessment for financing the
programs established under this article. (6) "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. (7) "Peanuts" means peanuts and peanut 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. (8) "Processor" means any person engaged within this state in the
operation of receiving, grading, packing, canning, extracting,
preserving, grinding, crushing, or changing the form of peanuts
for the purpose of preparing peanuts for market or of marketing
such peanuts or engaged in any other activities performed for the
purpose of preparing such peanuts for market or of marketing such
peanuts but shall not include a person engaged in manufacturing
another and different product from peanuts, so changed in form.
The term "processor" shall not include an agent of the processor
nor any person who receives peanuts 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 peanuts
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, peanuts which he has produced to any handler as defined
in this Code section. (11) "Retailer" means any person who purchases or acquires peanuts
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. |