§ 1430.341 - Definitions.

For purposes of this subpart unless otherwise specified, the following terms shall have the following meaning and shall be applied as if both the singular and plural forms were used:

(a) AMS means the Department's Agricultural Marketing Service.

(b) FSA means the Department's Farm Service Agency.

(c) Base period means the calendar year immediately preceding the calendar year for which a refund is being requested.

(d) Bovine growth hormone means a synthetic growth hormone produced through the process of recombinant DNA techniques that is intended for use in bovine animals.

(e) CCC means the Commodity Credit Corporation.

(f) Calendar year means, for the relevant year, the 12-month period beginning January 1 and ending December 31 of that year.

(g) County committee means an FSA county committee established under 16 U.S.C. at 590h.

(h) Dairy Division means the Dairy Division of the AMS.

(i) DASCO means the Deputy Administrator, State and County Operations, of the FSA.

(j) Date of FDA BGH approval means the date the FDA pursuant to authority under section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b), first approves an application with respect to the use of BGH.

(k) Department means the United States Department of Agriculture.

(l) FDA means the Food and Drug Administration.

(m) Milk marketed for commercial use shall include all cow's milk which is disposed of in raw or processed form by voluntary or involuntary sale, barter or exchange, or by gift.

(n) Milk marketing means milk marketed for commercial use.

(o) Person means an individual, partnership, association, corporation, cooperative, estate, trust, joint venture, joint operation, or other business enterprise or other legal entity, and, whenever applicable, a State, a political subdivision of a State, or any agency thereof.

(p) Producer means any person who produced milk through the milking of cows.

(q) Producer's Successor means for purposes of this section only any person who receives or is entitled to receive payment for milk as a producer in those instances in which the producer will otherwise receive no payment for the milk from any source.

(r) Reduction means that amount by which the price received for milk marketed for commercial use by producers is reduced, or is required to be reduced, in accordance with the provisions of this subpart.

(s) Refund means the money that is or may be returned to a producer under this subpart by CCC for price reductions made under this subpart.

(t) Refund period means the calendar year for which a refund is being requested.

(u) Responsible person means:

(1) Any person who pays, or who is contractually or otherwise required to pay, a producer or producer's successor for milk marketed by a producer for commercial use, except to the extent that the producer of the milk is the responsible person under paragraph (u)(2) of this section; Provided, that the responsible persons under this paragraph shall include, but are not limited to, handlers of milk, including a handler regulated under a Federal milk order to the extent of, but not limited to, milk for which payments are transmitted by the handler to a Market Administrator under such an order for transmittal by the Market Administrator to individual producers; and

(2) Any producer with respect to milk of the producer's own production who markets such milk for commercial use in the form of milk or milk products:

(i) To consumers either directly or through retail or wholesale outlets, or

(ii) To persons located outside of the United States.

(v) Secretary means the Secretary of Agriculture of the United States or any officer or employee of the Department to whom authority has been delegated or to whom authority may hereafter be delegated to act in his stead.

(w) State Committee means an FSA state committee established under 16 U.S.C. at 590h.

(x) United States means, except with respect to paragraphs (k), (v), and (y) of this section, the following:

(1) The District of Columbia, and

(2) All States except for Alaska and Hawaii.

(y) United States Bank means a bank organized under the laws of the United States, a state of the United States, or the District of Columbia.

(z) Vice President, CCC means the Vice President of CCC, who is also the Administrator of AMS.