In this subchapter:

(1) Covered commodity

(A) In general
The term "covered commodity" means—

(i) muscle cuts of lamb and venison;

(ii) ground lamb and ground venison;

(iii) farm-raised fish;

(iv) wild fish;

(v) a perishable agricultural commodity;

(vi) peanuts; and 1

(vii) meat produced from goats;

(viii) chicken, in whole and in part;

(ix) ginseng;

(x) pecans; and

(xi) macadamia nuts.

(B) Exclusions
The term "covered commodity" does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item.

(2) Farm-raised fish
The term "farm-raised fish" includes—

(A) farm-raised shellfish; and

(B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish.

(3) Food service establishment
The term "food service establishment" means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public.

(4) Lamb
The term "lamb" means meat, other than mutton, produced from sheep.

(5) Perishable agricultural commodity; retailer
The terms "perishable agricultural commodity" and "retailer" have the meanings given the terms in section 499a(b) of this title.

(6) Secretary
The term "Secretary" means the Secretary of Agriculture, acting through the Agricultural Marketing Service.

(7) Wild fish

(A) In general
The term "wild fish" means naturally-born or hatchery-raised fish and shellfish harvested in the wild.

(B) Inclusions
The term "wild fish" includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish.

(C) Exclusions
The term "wild fish" excludes net-pen aquacultural or other farm-raised fish.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2015—Pub. L. 114–113 redesignated pars. (2), (3), (4), (5), (6), (8), and (9) as pars. (1), (2), (3), (4), (5), (6), and (7), respectively, in par. (1)(A)(i) struck out references to beef and pork, in par. (1)(A)(ii) struck out references to ground beef and ground pork, and struck out former pars. (1) and (7), which defined "beef" and "pork", respectively .

2014—Par. (2)(A)(i). Pub. L. 113–79, §12104(b)(1)(A), substituted "pork, and venison" for "and pork".

Par. (2)(A)(ii). Pub. L. 113–79, §12104(b)(1)(B), substituted "ground pork, and ground venison" for "and ground pork".

2008—Par. (2)(A)(vii) to (xi). Pub. L. 110–246, §11002(1), added cls. (vii) to (xi).

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

1 So in original. The word "and" probably should not appear.

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