7 U.S.C. § 1638

Definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 7 CasesGoogle Scholar

In this subchapter:(1) Covered commodity(A) In generalThe 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 11 So in original. The word “and” probably should not appear.(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 fishThe 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.

The term “wild fish” excludes net-pen aquacultural or other farm-raised fish.

(Aug. 14, 1946, ch. 966, title II, § 281, as added Pub. L. 107–171, title X, § 10816, May 13, 2002, 116 Stat. 533; amended Pub. L. 110–234, title XI, § 11002(1), May 22, 2008, 112 Stat. 1351; Pub. L. 110–246, § 4(a), title XI, § 11002(1), June 18, 2008, 122 Stat. 1664, 2113; Pub. L. 113–79, title XII, § 12104(b)(1), Feb. 7, 2014, 128 Stat. 979; Pub. L. 114–113, div. A, title VII, § 759(a), Dec. 18, 2015, 129 Stat. 2284.)Editorial NotesCodification

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 L. 110–234 were repealed by section 4(a) of Pub.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).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 5 cases, 2002–2019 · leading case: Am. Meat Inst. v. United States Dep't of Agric., 968 F. Supp. 2d 38 (D.D.C. 2013).

Sort: Relevance Newest Treatment

Am. Meat Inst. v. United States Dep't of Agric., 968 F. Supp. 2d 38 (D.D.C. 2013). · cites it 5× “) See also 7 U.S.C. § 1638 (2)(B); id. § 1638a(b). Defendants respond that Plaintiffs have misconstrued the gravamen of the WTO decision.”

Ctia - the Wireless Ass'n v. City of Berkeley, 854 F.3d 1105 (9th Cir. 2017). · cites it 2× “See 7 U.S.C. § 1638 , 1638a. The D.C. Circuit held that Zauderer should not be read to apply only to cases where government- 20 CTIA V.”

Ctia - the Wireless Ass'n v. City of Berkeley, 928 F.3d 832 (9th Cir. 2019). “See 7 U.S.C. § 1638 , 1638a. The D.C. Circuit held that Zauderer should not be read to apply only to cases where government- compelled speech prevents or corrects deceptive speech.”

Am. Meat Inst. v. United States Dep't of Agric., 760 F.3d 18 (D.C. Cir. 2014). “Congress has required country-of-origin labels on a variety of foods, including some meat products, 7 U.S.C. §§ 1638 , 1638a, and tasked the Secretary of Agriculture with implementation, id.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2002). “134,535 (2002) (to be codified at 7 U.S.C. § 1638 ~). Being a federal law, as opposed to a state law, this provision would not be subject to a Commerce Clause objection and would ultimately appear to accomplish the same result sought by the state statute in question.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.