114 STAT. 1549A-80 PUBLIC LAW 106-387—APPENDIX Board has a direct or indirect financial interest in a person that performs a service for, or enters into a contract with, the Board for anything of economic value. (3) CONSUMER INFORMATION. —The term "consumer information" means any action or program that provides information to consumers and other persons on the use, nutritional attributes, and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of Hass avocados. (4) CUSTOMS.— The term "Customs" means the United States Customs Service. (5) DEPARTMENT.— The term "Department" means the United States Department of Agriculture. (6) HASS AVOCADO.— (A) IN GENERAL.— The term "Hass avocado" includes— (i) the fruit of any Hass variety avocado tree; and (ii) any other type of avocado fruit that the Board, with the approval of the Secretary, determines is so similar to the Hass variety avocado as to be indistinguishable to consumers in fresh form. (B) FORM OF FRUIT.— Except as provided in subparagraph (C), the term includes avocado fruit described in subparagraph (A) whether in fresh, frozen, or any other processed form. (C) EXCEPTIONS.—In any case in which a handler further processes avocados described in subparagraph (A), or products of such avocados, for sale to a retailer, the Board, with the approval of the Secretary, may determine that such further processed products do not constitute a substantial value of the product and that, based on its determination, the product shall not be treated as a product of Hass avocados subject to assessment under the order. In addition, the Board, with the approval of the Secretary, may exempt certain frozen avocado products from assessment under the order. (7) HANDLER.— (A) FIRST HANDLER.— The term "first handler" means a person operating in the Hass avocados marketing system that sells domestic or imported Hass avocados for United States domestic consumption, and who is responsible for remitting assessments to the Board. The term includes an importer or producer who sells directly to consumers Hass avocados that the importer or producer has imported into the United States or produced, respectively. (B) EXEMPT HANDLER. — The term "exempt handler" means a person who would otherwise be considered a first handler, except that all avocados purchased by the person have already been subject to the assessment under section 1205(h). (8) IMPORTER. —The term "importer" means any person who imports Hass avocados into the United States. (9) INDUSTRY INFORMATION.—The term "industry information" means information and programs that are designed to increase efficiency in processing, enhance the development of new markets and marketing strategies, increase marketing efficiency, and activities to enhance the image of Hass avocados and the Hass avocado industry domestically.
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