§ 703. Definitions.

339 words·~2 min read·/de/title-3/chapter-7-agricultural-commodities-development-act/703

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For the purpose of this chapter:

(1)“Agricultural commodity” means any agricultural product, including, but not limited to, plants and animals and plant and animal products, grown, raised or produced within the State for use as food, feed, seed or any aesthetic, industrial or chemurgic purpose.

(2)“Commercial channels” means the processes of the sale of any agricultural commodity to any commercial buyer, dealer, processor, cooperative or to any person, public or private, who resells such commodity or any product produced from such commodity for storage, slaughter, processing or distribution.

(3)“Person” means any individual, corporation, association, cooperative, partnership or organized group of persons whether incorporated or not.

(4)“Board” or “Advisory Board” means the boards created under this chapter in connection with the organization of producers as herein provided.

(5)“First purchaser” means any person that buys agricultural commodities for movement into commercial channels from the producer; or any lienholder, secured party or pledgee, public or private, or assignee of said lienholder, secured party or pledgee, who gains title to the agricultural commodity from the producer as the result of exercising any legal rights by the lienholder, secured party, pledgee or assignee thereof, regardless of when the lien, security interest or pledge was created.

(6)“Secretary” means the Secretary of Agriculture of the State.

(7)“Producer” means any person who owns or operates an agricultural producing or growing facility for the agricultural commodity under consideration for referendum and shares in the profits and risks of loss from such facility, and who grows, raises, feeds or produces said agricultural commodity in Delaware during the current marketing year.

(8)“Qualified voter” means any person who would be subject to the payment of fees imposed to finance the activities described in this chapter.

(9)“Development order” means an order issued by the Secretary with the advice and consent of an Agricultural Commodity Advisory Board pursuant to this chapter.

(10)“Sale” means any passing of commodity title from the producer to the first purchaser. Sale includes any pledge, security interest or lien.