WikiLeaks Document Release http://wikileaks.org/wiki/CRS-RS21370 February 2, 2009 Congressional Research Service Report RS21370 Agricultural Commodity, Agricultural Product and Related Terms: Definitions for Federal Policy Geoffrey S. Becker, Resources, Science, and Industry Division Updated December 16, 2002 Abstract. No consistent official definitions exist of agricultural commodity or of other closely related terms, such as agricultural product, farm product, and others. The table in this report provides a broad listing of these terms as they are defined throughout the agriculture and conservation titles of the U.S. Code (Titles 7 and 16, respectively). Order Code RS21370 December 16, 2002 CRS Report for Congress Received through the CRS Web "Agricultural Commodity," "Agricultural Product," "Farm Product" and Related Terms: Definitions for Federal Policy Geoffrey S. Becker Specialist in Agricultural Policy Resources, Science, and Industry Division http://wikileaks.org/wiki/CRS-RS21370 Summary No consistent official definitions exist of "agricultural commodity" or of other closely related terms, such as "agricultural product," "farm product," and others. The table in this report, which will not be updated, provides a broad, but not necessarily complete, listing of these terms as they are defined throughout the agriculture and conservation titles of the U.S. Code (Titles 7 and 16, respectively). When considering legislation affecting the agricultural sector and related industries, policymakers may be asked to define what they mean by "agricultural commodity" or some closely related term. Such a definition may help to determine the reach of a program or policy ­ for example, the types of farmers and producers eligible for a particular subsidy; who must abide by a restrictive regulation and who is exempt; the total cost of a policy to the industry and/or taxpayers. No consistent official definitions exist of "agricultural commodity" or of other closely related terms, such as "agricultural product," "farm product," "basic commodities," "nonbasic commodities," "perishable commodities," and "livestock." Such terms do appear, and carry with them varying definitions, in at least 20 different places throughout the agricultural and conservation titles of the U.S. Code (Titles 7 and 16, respectively). The following table provides a broad, but not necessarily complete, listing of these terms where they are defined throughout these titles. In each case, the term is intended to have a specialized or unique meaning, most often either to exclude or to include particular items or producers from eligibility or coverage under a program or activity. A term might be relatively general and/or expansive, as in the law authorizing foreign food aid under P.L. 480, the Food for Peace program (7 U.S.C. Section 1732; see table, below). Or, it may deliberately exclude certain products, as under the Agricultural Fair Practices Act of 1967 (7 U.S.C. Section 2302; see table). Congressional Research Service ~ The Library of Congress CRS-2 Table 1. Definitions in U.S. Code Cite Subject/Program Language 7 U.S.C. §138 National Laboratory "Agricultural product means any fresh fruit or (Chapter 6A) Accreditation (for vegetable or any commodity product derived from pesticide testing) livestock or fowl, that is marketed in the United States for human consumption." 7 U.S.C. §241 Warehouses "Agricultural product means an agricultural (Chapter 10) (agricultural storage commodity, as determined by the Secretary, including facility regulation) a processed product of an agricultural commodity." 7 U.S.C. §433 Miscellaneous Federal laws and administrative actions "pertaining to (Chapter 17) matters (fur-bearing fox, rabbit, mink, chinchilla, marten, fisher, muskrat, animals) karakul and all other fur-bearing animals, raised in captivity for breeding and other useful purposes shall be deemed domestic animals [and] such animals and the products thereof shall be deemed agricultural http://wikileaks.org/wiki/CRS-RS21370 products." 7 U.S.C. §451 Cooperative "Agricultural products means agricultural, (Chapter 18) marketing (USDA horticultural, viticultural, and dairy products, livestock services/support for) and the products thereof, the products of poultry and bee raising, the edible products of forestry, and any and all products raised or produced on farms and processed or manufactured producers thereof, transported or intended to be transported in interstate and/or foreign commerce." 7 U.S.C. §499a Perishable "Perishable agricultural commodity (A) Means any of (Chapter 20A) Agricultural the following, whether or not frozen or packed in ice: Commodities (Act) Fresh fruits and fresh vegetables of every kind and character; and (B) includes cherries in brine as defined by the Secretary in accordance with trade usages." 7 U.S.C. §608c Agricultural This section limits the agricultural commodities for (Chapter 26) adjustment which orders can be issued, by specifying by name, (marketing orders) those that can and cannot be covered. 7 U.S.C. §1282a Agricultural "Agricultural products shall include meat, poultry, (Chapter 35) Adjustment Act of vegetables, fruits, and all other agricultural 1938 (adjusting commodities in raw or processed form, except forestry price controls to products or fish or fishery products. ensure adequate supplies) 7 U.S.C. §1428 Price support of This section of code sets out the terms of mandatory (Chapter 35A) agricultural price support for a basic agricultural commodity, commodities meaning corn, cotton, peanuts, rice, tobacco, and (general provisions) wheat, distinguishing them from a nonbasic agricultural commodity, meaning any agricultural commodity other than a basic agricultural commodity. CRS-3 Cite Subject/Program Language 7 U.S.C. §1431 Price support of Eligible commodities are defined to include "dairy (Chapter 35A) agricultural products, wheat, rice, feed grains, and oilseeds commodities acquired by the Commodity Credit Corporation [CCC] (USDA disposition through price support operations, and the products of surplus thereof, that the Secretary determines meet the criteria commodities to specified" in this section of the law and "such other prevent waste) edible agricultural commodities as may be acquired by the CCC in the normal course of operations..." 7 U.S.C. §1471 Price support of "Livestock means cattle, sheep, goats, swine, poultry (Chapter 35A) agricultural (including egg-producing poultry), equine animals commodities used for food or in the production of food, fish used (Emergency for food, and other animals designated by the Secretary Livestock Feed (at the Secretary's sole discretion) that (A) are part of Assistance Act of a foundation herd (including producing dairy cattle) or 1988) offspring; or (B) are purchased as part of a normal operation and not to obtain additional benefits..." http://wikileaks.org/wiki/CRS-RS21370 7 U.S.C. §1518 Crop insurance "Agricultural commodity, as used in this chapter, (Chapter 36) means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species (including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment), or any other agricultural commodity, excluding stored grain, determined by the Board, or any one or more of such commodities, as the context may dictate." 7 U.S.C. §1631 Distribution and "Farm product means an agricultural commodity such (Chapter 38) marketing of as wheat, corn, soybeans, or a species of livestock such agricultural as cattle, hogs, sheep, horses, or poultry used or products (protection produced in farming operations, or a product of such for purchasers of crop or livestock in its unmanufactured state (such as farm products) ginned cotton, wool-clip, maple syrup, milk, and eggs) that is in the possession of a person engaged in farming operations." 7 U.S.C. §1635a Livestock "The term livestock means cattle, swine, and lambs." (Chapter 38) mandatory reporting 7 U.S.C. §1732 Agricultural Trade "Agricultural commodity, unless otherwise provided (Chapter 41) Development and for in this chapter, includes any agricultural Assistance (P.L. commodity or the products thereof produced in the 480) United States, including wood and processed wood products, fish, and livestock, as well as value-added, fortified, or high-value agricultural products." CRS-4 Cite Subject/Program Language 7 U.S.C. §1769 Foreign market "Agricultural commodity as used in this chapter (Chapter 43) development includes any agricultural commodity or product thereof.." 7 U.S.C. §2302 Unfair trade "Agricultural products shall not include cotton or (Chapter 56) practices affecting tobacco or their products." producers of agricultural products (Agricultural Fair Practices Act) 7 U.S.C. §5602 Export promotion "Agricultural commodity means any agricultural (Chapter 87) (Agricultural Trade commodity, food, feed, fiber, or livestock (including Act of 1978) livestock as it is defined in section 1471(2) of this title and insects), and any product thereof." (See above for §1471(2) definition.) http://wikileaks.org/wiki/CRS-RS21370 7 U.S.C. §6502 Organic "Agricultural product means any agricultural (Chapter 94) certification of commodity or product, whether raw or processed, agricultural including any commodity or product, whether raw or products processed, including any commodity or product derived from livestock that is marketed in the United States for human or livestock consumption." "Livestock means any cattle, sheep, goats, swine, poultry, equine animals used for food or in the production of food, fish used for food, wild and domesticated game, or other nonplant life." 7 U.S.C. §7333 Agricultural market Noninsured crop disaster assistance must be offered, (Chapter 100) transition at an equivalent level, to eligible crops where (noninsured crop catastrophic risk protection under the regular crop assistance) insurance program is not available. An "eligible crop" means each commercial crop produced for food and fiber and "shall include floricultural, ornamental nursery, and Christmas tree crops, turfgrass sod, seed crops, aquaculture (including ornamental fish), and industrial crops." 7 U.S.C. §7412 Agricultural "Agricultural commodity means (A) agricultural, (Chapter 101) promotion (check- horticultural, and dairy products; (B) livestock and the off programs) products of livestock; (C) the products of poultry and bee raising); (D) the products of forestry; (E) other commodities raised or produced on farms, as determined appropriate by the Secretary; and (F) products processed or manufactured from products specified in the preceding subparagraphs, as determined appropriate by the Secretary." CRS-5 Cite Subject/Program Language 7 U.S.C. §7996 Equitable relief "The term agricultural commodity means any (Chapter 106) from ineligibility agricultural commodity, food, feed, fiber, or livestock for loans, payments that is subject to a covered program." (Covered and other benefits programs are USDA price or income support, or under specified production or market loss assistance, and conservation farm programs programs, but not farm credit or crop insurance.) 16 U.S.C. §590j Soil Conservation "Agricultural commodity as used in this chapter means (Chapter 3B) any such commodity and any regional or market classification, type, or grade thereof." 16 U.S.C.§3801 Erodible Land and "Agricultural commodity means (A) any agricultural (Chapter 58) Wetland commodity planted and produced in a State by annual Conservation and tilling of the soil, including tilling by one-trip planters; Reserve Program or (B) sugarcane planted and produced in a State. 16 U.S.C.§3831 Erodible Land and For conservation reserve program, "alfalfa and other (Chapter 58) Wetland multi-year grasses and legumes in a rotation practice, http://wikileaks.org/wiki/CRS-RS21370 Conservation and approved by the Secretary, shall be considered Reserve Program agricultural commodities."