114 STAT. 2044 PUBLIC LAW 106-469—NOV. 9, 2000 (2) CONSUMER EDUCATION.—The term "consumer education" means the provision of information to assist consumers and other persons in making evaluations and decisions regarding oilheat and other nonindustrial commercial or residential space or hot water heating fuels. (3) EXCHANGE.— The term "exchange" means an agreement that— (A) entitles each party or its customers to receive oilheat from the other party; and (B) requires only an insubstantial portion of the volumes involved in the exchange to be settled in cash or property other than the oilheat. (4) INDUSTRY TRADE ASSOCIATION. — The term "industry trade association" means an organization described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code and is organized for the purpose of representing the oilheat industry. (5) NO. 1 DISTILLATE.—The term "No. 1 distillate" means fuel oil classified as No. 1 distillate by the American Society for Testing and Materials. (6) No. 2 DYED DISTILLATE.—The term "No. 2 dyed distillate" means fiiel oil classified as No. 2 distillate by the American Society for Testing and Materials that is indelibly dyed in accordance with regulations prescribed by the Secretary of the Treasury under section 4082(a)(2) of the Internal Revenue Code of 1986. (7) OILHEAT.— The term "oilheat" means— (A) No. 1 distillate; and (B) No. 2 dyed distillate, that is used as a fuel for nonindustrial commercial or residential space or hot water heating. (8) OILHEAT INDUSTRY. — (A) IN GENERAL.— The term "oilheat industry" means— (i) persons in the production, transportation, or sale of oilheat; and (ii) persons engaged in the msinufacture or distribution of oilheat utilization equipment. (B) EXCLUSION.—The term "oilheat industry" does not include ultimate consumers of oilheat. (9) PUBLIC MEMBER.—The term "public member" means a member of the Alliance described in section 705(c)(1)(F). (10) QUALIFIED INDUSTRY ORGANIZATION. —The term "qualified industry organization" means the National Association for Oilheat Research and Education or a successor organization. (11) QUALIFIED STATE ASSOCIATION.—The term "qualified State association" means the industry trade association or other organization that the qualified industry organization or the Alliance determines best represents retail marketers in a State. (12) RETAIL MARKETER.—The term "retail marketer" means a person engaged primarily in the sale of oilheat to ultimate consumers. (13) SECRETARY.—The term "Secretary" means the Secretary of Energy. (14) WHOLESALE DISTRIBUTOR.—The term "wholesale distributor" meeins a person that— (A)(i) produces No. 1 distillate or No. 2 dyed distillate;
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