409.800. As used in sections 409.800 to 409.863, the following termsshall mean:
(1) "CFTC Rule", any rule or order of the Commodity Futures TradingCommission;
(2) "Board of trade", any person or group of persons engaged in buyingor selling any commodity or receiving the same for sale on consignment,whether such person or group of persons is characterized as a board of trade,exchange or other form of marketplace;
(3) "Commissioner", the commissioner of securities provided for in thischapter;
(4) "Commodity", except as otherwise specified by the commissioner byrule or order, any agricultural, grain or livestock product or by-product, anymetal or mineral (including a precious metal as defined in subdivision (13) ofthis section), any gem or gemstone (whether characterized as precious,semiprecious or otherwise), any fuel (whether liquid, gaseous or otherwise),any foreign currency, and all other goods, articles, products or items of anykind; except that, the term "commodity" shall not include:
(a) A numismatic coin whose fair market value is at least twenty percenthigher than the value of the metal it contains;
(b) Real property or any agricultural or livestock product grown orraised on real property and offered or sold by the owner or lessee of suchreal property; or
(c) Any work of art offered or sold by art dealers at public auction oroffered or sold through a private sale by the owner thereof;
(d) Any consignment of goods to another person or merchant by an ownerif the goods are received in the ordinary course of the consignee's business;
(5) "Commodity contract", any account, agreement or contract for thepurchase or sale, primarily for speculation or investment purposes and not foruse or consumption by the offeree or purchaser, of one or more commodities,whether for immediate or subsequent delivery or whether delivery is intendedby the parties, and whether characterized as a cash contract, deferredshipment or deferred delivery contract, forward contract, futures contract,installment or margin contract, leverage contract or otherwise. Any commoditycontract offered or sold shall, in the absence of evidence to the contrary, bepresumed to be offered or sold for speculation or investment purposes. Acommodity contract shall not include any contract or agreement which requires,and under which the purchaser receives, within twenty-eight calendar days fromthe payment in good funds of any portion of the purchase price, physicaldelivery of the total amount of each commodity to be purchased under thecontract or agreement;
(6) "Commodity Exchange Act", the act of Congress known as the CommodityExchange Act, as amended, codified at 7 U.S.C. § 1, et seq.;
(7) "Commodity Futures Trading Commission", the independent regulatoryagency established by Congress to administer the Commodity Exchange Act;
(8) "Commodity merchant", any of the following, as defined or describedin the Commodity Exchange Act or by CFTC Rule:
(a) Futures commission merchants;
(b) Commodity pool operators;
(c) Commodity trading advisors;
(d) Introducing brokers;
(e) Leverage transaction merchants;
(f) Any person associated with any of the persons listed in paragraphs(a) to (e) of this subdivision;
(g) Floor brokers; and
(h) Any other person, other than a futures association, required toregister with the Commodity Futures Trading Commission;
(9) "Commodity option", any account, agreement or contract giving aparty thereto the right to purchase or sell one or more commodities or one ormore commodity contracts, or both, whether characterized as an option,privilege, indemnity, bid, offer, put, call, advance guaranty, declineguaranty or otherwise. The term "commodity contract" shall not include acommodity option traded on a national securities exchange registered with theUnited States Securities and Exchange Commission;
(10) "Financial institution", any bank, savings institution or trustcompany organized under, or supervised pursuant to, the laws of the UnitedStates or of any state;
(11) "Offer" or "offer to sell" includes every offer, every attempt tooffer to dispose of, or solicitation of an offer to buy, to purchase or toacquire, for value;
(12) "Person", any individual, corporation, partnership, association,joint-stock company, trust where the interests of the beneficiaries areevidenced by a security, unincorporated organization, government, or politicalsubdivision of a government. The term "person" shall not include a contractmarket designated by the Commodity Futures Trading Commission, or anyclearinghouse thereof, or a national securities exchange registered with theSecurities and Exchange Commission, or any employee, officer or director ofsuch contract market, clearinghouse or exchange acting solely in thatcapacity;
(13) "Precious metal", silver, gold or platinum, in either coin, bullionor other form, and such other precious metals as the commissioner may specifyby rule or order;
(14) "Sale" or "sell" includes every sale, contract of sale, contract tosell, or disposition, for value.
409.800. As used in sections 409.800 to 409.863, the following termsshall mean:
(1) "CFTC Rule", any rule or order of the Commodity Futures TradingCommission;
(2) "Board of trade", any person or group of persons engaged in buyingor selling any commodity or receiving the same for sale on consignment,whether such person or group of persons is characterized as a board of trade,exchange or other form of marketplace;
(3) "Commissioner", the commissioner of securities provided for in thischapter;
(4) "Commodity", except as otherwise specified by the commissioner byrule or order, any agricultural, grain or livestock product or by-product, anymetal or mineral (including a precious metal as defined in subdivision (13) ofthis section), any gem or gemstone (whether characterized as precious,semiprecious or otherwise), any fuel (whether liquid, gaseous or otherwise),any foreign currency, and all other goods, articles, products or items of anykind; except that, the term "commodity" shall not include:
(a) A numismatic coin whose fair market value is at least twenty percenthigher than the value of the metal it contains;
(b) Real property or any agricultural or livestock product grown orraised on real property and offered or sold by the owner or lessee of suchreal property; or
(c) Any work of art offered or sold by art dealers at public auction oroffered or sold through a private sale by the owner thereof;
(d) Any consignment of goods to another person or merchant by an ownerif the goods are received in the ordinary course of the consignee's business;
(5) "Commodity contract", any account, agreement or contract for thepurchase or sale, primarily for speculation or investment purposes and not foruse or consumption by the offeree or purchaser, of one or more commodities,whether for immediate or subsequent delivery or whether delivery is intendedby the parties, and whether characterized as a cash contract, deferredshipment or deferred delivery contract, forward contract, futures contract,installment or margin contract, leverage contract or otherwise. Any commoditycontract offered or sold shall, in the absence of evidence to the contrary, bepresumed to be offered or sold for speculation or investment purposes. Acommodity contract shall not include any contract or agreement which requires,and under which the purchaser receives, within twenty-eight calendar days fromthe payment in good funds of any portion of the purchase price, physicaldelivery of the total amount of each commodity to be purchased under thecontract or agreement;
(6) "Commodity Exchange Act", the act of Congress known as the CommodityExchange Act, as amended, codified at 7 U.S.C. § 1, et seq.;
(7) "Commodity Futures Trading Commission", the independent regulatoryagency established by Congress to administer the Commodity Exchange Act;
(8) "Commodity merchant", any of the following, as defined or describedin the Commodity Exchange Act or by CFTC Rule:
(a) Futures commission merchants;
(b) Commodity pool operators;
(c) Commodity trading advisors;
(d) Introducing brokers;
(e) Leverage transaction merchants;
(f) Any person associated with any of the persons listed in paragraphs(a) to (e) of this subdivision;
(g) Floor brokers; and
(h) Any other person, other than a futures association, required toregister with the Commodity Futures Trading Commission;
(9) "Commodity option", any account, agreement or contract giving aparty thereto the right to purchase or sell one or more commodities or one ormore commodity contracts, or both, whether characterized as an option,privilege, indemnity, bid, offer, put, call, advance guaranty, declineguaranty or otherwise. The term "commodity contract" shall not include acommodity option traded on a national securities exchange registered with theUnited States Securities and Exchange Commission;
(10) "Financial institution", any bank, savings institution or trustcompany organized under, or supervised pursuant to, the laws of the UnitedStates or of any state;
(11) "Offer" or "offer to sell" includes every offer, every attempt tooffer to dispose of, or solicitation of an offer to buy, to purchase or toacquire, for value;
(12) "Person", any individual, corporation, partnership, association,joint-stock company, trust where the interests of the beneficiaries areevidenced by a security, unincorporated organization, government, or politicalsubdivision of a government. The term "person" shall not include a contractmarket designated by the Commodity Futures Trading Commission, or anyclearinghouse thereof, or a national securities exchange registered with theSecurities and Exchange Commission, or any employee, officer or director ofsuch contract market, clearinghouse or exchange acting solely in thatcapacity;
(13) "Precious metal", silver, gold or platinum, in either coin, bullionor other form, and such other precious metals as the commissioner may specifyby rule or order;
(14) "Sale" or "sell" includes every sale, contract of sale, contract tosell, or disposition, for value.
409.800. As used in sections 409.800 to 409.863, the following termsshall mean:
(1) "CFTC Rule", any rule or order of the Commodity Futures TradingCommission;
(2) "Board of trade", any person or group of persons engaged in buyingor selling any commodity or receiving the same for sale on consignment,whether such person or group of persons is characterized as a board of trade,exchange or other form of marketplace;
(3) "Commissioner", the commissioner of securities provided for in thischapter;
(4) "Commodity", except as otherwise specified by the commissioner byrule or order, any agricultural, grain or livestock product or by-product, anymetal or mineral (including a precious metal as defined in subdivision (13) ofthis section), any gem or gemstone (whether characterized as precious,semiprecious or otherwise), any fuel (whether liquid, gaseous or otherwise),any foreign currency, and all other goods, articles, products or items of anykind; except that, the term "commodity" shall not include:
(a) A numismatic coin whose fair market value is at least twenty percenthigher than the value of the metal it contains;
(b) Real property or any agricultural or livestock product grown orraised on real property and offered or sold by the owner or lessee of suchreal property; or
(c) Any work of art offered or sold by art dealers at public auction oroffered or sold through a private sale by the owner thereof;
(d) Any consignment of goods to another person or merchant by an ownerif the goods are received in the ordinary course of the consignee's business;
(5) "Commodity contract", any account, agreement or contract for thepurchase or sale, primarily for speculation or investment purposes and not foruse or consumption by the offeree or purchaser, of one or more commodities,whether for immediate or subsequent delivery or whether delivery is intendedby the parties, and whether characterized as a cash contract, deferredshipment or deferred delivery contract, forward contract, futures contract,installment or margin contract, leverage contract or otherwise. Any commoditycontract offered or sold shall, in the absence of evidence to the contrary, bepresumed to be offered or sold for speculation or investment purposes. Acommodity contract shall not include any contract or agreement which requires,and under which the purchaser receives, within twenty-eight calendar days fromthe payment in good funds of any portion of the purchase price, physicaldelivery of the total amount of each commodity to be purchased under thecontract or agreement;
(6) "Commodity Exchange Act", the act of Congress known as the CommodityExchange Act, as amended, codified at 7 U.S.C. § 1, et seq.;
(7) "Commodity Futures Trading Commission", the independent regulatoryagency established by Congress to administer the Commodity Exchange Act;
(8) "Commodity merchant", any of the following, as defined or describedin the Commodity Exchange Act or by CFTC Rule:
(a) Futures commission merchants;
(b) Commodity pool operators;
(c) Commodity trading advisors;
(d) Introducing brokers;
(e) Leverage transaction merchants;
(f) Any person associated with any of the persons listed in paragraphs(a) to (e) of this subdivision;
(g) Floor brokers; and
(h) Any other person, other than a futures association, required toregister with the Commodity Futures Trading Commission;
(9) "Commodity option", any account, agreement or contract giving aparty thereto the right to purchase or sell one or more commodities or one ormore commodity contracts, or both, whether characterized as an option,privilege, indemnity, bid, offer, put, call, advance guaranty, declineguaranty or otherwise. The term "commodity contract" shall not include acommodity option traded on a national securities exchange registered with theUnited States Securities and Exchange Commission;
(10) "Financial institution", any bank, savings institution or trustcompany organized under, or supervised pursuant to, the laws of the UnitedStates or of any state;
(11) "Offer" or "offer to sell" includes every offer, every attempt tooffer to dispose of, or solicitation of an offer to buy, to purchase or toacquire, for value;
(12) "Person", any individual, corporation, partnership, association,joint-stock company, trust where the interests of the beneficiaries areevidenced by a security, unincorporated organization, government, or politicalsubdivision of a government. The term "person" shall not include a contractmarket designated by the Commodity Futures Trading Commission, or anyclearinghouse thereof, or a national securities exchange registered with theSecurities and Exchange Commission, or any employee, officer or director ofsuch contract market, clearinghouse or exchange acting solely in thatcapacity;
(13) "Precious metal", silver, gold or platinum, in either coin, bullionor other form, and such other precious metals as the commissioner may specifyby rule or order;
(14) "Sale" or "sell" includes every sale, contract of sale, contract tosell, or disposition, for value.
