7 U.S.C. § 2302

Definitions

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In this chapter:(1) Agricultural products

The term “agricultural products” shall not include cotton or tobacco or their products.

(2)(2) 11 So in original. Association of producers(A) In general

The term “association of producers” means any association of producers of agricultural products engaged in marketing, bargaining, shipping, or processing as defined in section 1141j(a) of title 12, or in section 291 of this title.

(B) Inclusion

The term “association of producers” includes an organization whose membership is exclusively limited to agricultural producers and dedicated to promoting the common interest and general welfare of producers of agricultural products.

(3)(3) ¹ Handler(A) In general

The term “handler” means any person engaged in the business or practice of (i) acquiring agricultural products from producers or associations of producers for processing or sale; or (ii) grading, packaging, handling, storing, or processing agricultural products received from producers or associations of producers; or (iii) contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product; or (iv) acting as an agent or broker for a handler in the performance of any function or act specified in clause (i), (ii), or (iii).

(B) Exclusion

The term “handler” does not include a person, other than a packer (as defined in section 191 of this title), that provides custom feeding services for a producer.

(4) Producer

The term “producer” means a person engaged in the production of agricultural products as a farmer, planter, rancher, dairyman, fruit, vegetable, or nut grower.

(Pub. L. 90–288, § 3, Apr. 16, 1968, 82 Stat. 94; Pub. L. 110–234, title XI, § 11003, May 22, 2008, 122 Stat. 1354; Pub. L. 110–246, § 4(a), title XI, § 11003, June 18, 2008, 122 Stat. 1664, 2116.)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 L. 110–234 were repealed by section 4(a) of Pub.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

2008—Pub. L. 110–246, § 11003, in introductory provisions, substituted “In this chapter:” for “When used in this chapter—”, redesignated subsecs. (e), (c), (a), and (b) as pars. (1) to (4), respectively, inserted par. headings, in pars. (2) and (3), inserted duplicate par. designations, designated existing provisions as subpar. (A), and added subpar. (B), in par. (3), redesignated cls. (1) to (4) as (i) to (iv), respectively, in cl. (iv), substituted “clause (i), (ii), or (iii)” for “clause (1), (2), or (3) of this paragraph”, and struck out subsec. (d) which read as follows: “The term ‘person’ includes individuals, partnerships, corporations, and associations.”

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 12 cases (1 in the last 5 years), 1972–2021 · leading case: Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010).

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Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010). · cites it 7× “In doing so, the court determined that Terry failed to allege his involvement with an “association of producers,” as defined and required by the AFPA, 7 U.S.C. § 2302 (c) (2008). The district court also awarded Tyson attorney’s fees incurred in defending against Terry’s AFPA…”

Michigan Canners & Freezers Assn., Inc. v. Agric. Mktg. & Bargaining Bd., 467 U.S. 461 (1984). · cites it 4× “1 Title 7 U. S. C. § 2302 (b) defines the term “producer” to mean “a person engaged in the production of agricultural products as a farmer, planter, rancher, dairyman, fruit, vegetable, or nut grower.”

Nat'l Broiler Mktg. Ass'n v. United States, 436 U.S. 816 (1978). · cites it 2× “The definition of the term "producer" is identical to that in *838 § 1 of Capper-Volstead, see 7 U. S. C. § 2302 (b) (1976 ed.), but the legislative history makes clear that for purposes of this Act, Congress considered integrated broiler producers to be "handlers" and acted to…”

City of Tulsa v. Tyson Foods, Inc., 258 F. Supp. 2d 1263 (N.D. Okla. 2003). · cites it 2× “; or (3) contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers 21 7 U.S.C. § 2302 (a) (emphasis added). Poultry Defendants argue that these provisions show the PSA and AFPA extensively regulate all aspects of the relationship…”

Larry Leonhardt, Dan Laursen, & Rick Rodriquez, Rodriquez Farms, Inc. v. W. Sugar Co., a Corp., 160 F.3d 631 (10th Cir. 1998). “The judgment of the district court is AFFIRMED. Plaintiffs’ motion to amend the caption to include Rodriquez Farms, Inc.”

Newark Gardens, Inc. v. Michigan Potato Indus. Comm'n, 847 F.2d 1201 (6th Cir. 1988). · cites it 7× “Essentially, plaintiff argues that the Commission qualifies as a “handler” under 7 U.S.C. § 2302 (a)(3) and therefore is subject to the prohibitions of the AFPA.”

Ripplemeyer v. Nat'l Grape Co-Op. Ass'n, Inc., 807 F. Supp. 1439 (W.D. Ark. 1992). “…with respect to any of the claims. 2 . "Handlers” is defined to include both processors and producers’ associations. 7 U.S.C. § 2302 (a) (1988).”

Bybee Farms, LLC v. Snake River Sugar Co., 563 F. Supp. 2d 1184 (E.D. Wash. 2008). · cites it 2× “The AFPA makes it unlawful for handlers to knowingly “coerce any producer in the exercise of his right to .”

Mktg. Assistance Plan, Inc. v. Associated Milk Producers, Inc., 338 F. Supp. 1019 (S.D. Tex. 1972). “” 7 U.S.C. § 2302 (a) (1). The Court is also of the opinion that the claims under the Texas Antitrust Laws are within the pendant jurisdiction of the Court.”

Butz v. Lawson Milk Co., Div. Consol. Foods Corp., 386 F. Supp. 227 (N.D. Ohio 1974). · cites it 2× “Under the Act, 7 U.S.C. § 2302 (b), a dairy farmer such as Weir who was engaged in the production of raw milk was defined as a “producer” of milk, and Lawson’s, as a concern engaged in the acquiring of agricultural products from producers for processing and/or sale, was defined…”

Breaking Free LLC v. JCG Foods of Alabama LLC (N.D. Ala. 2021). · cites it 3× “” 7 U.S.C. § 2302 (2)(A). The AFPA also defines an “association of producers” as “an organization whose membership is exclusively limited to agricultural producers and dedicated to promoting the common interest and general welfare of producers of agricultural products.”

Leonhardt v. W. Sugar Co. (10th Cir. 1998). “” 7 U.S.C. § 2302 (a); Michigan Canners, 467 U.”

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