(a)__Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or

(b)__Traded on a foreign commodity board of trade, exchange or market and is carried on the books of a commodity intermediary for a commodity customer.

(16)__"Commodity customer" means a person for which a commodity intermediary carries a commodity contract on its books.

(17)__"Commodity intermediary" means a person that:

(a)__Is registered as a futures commission merchant under federal commodities law; or

(b)__In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.

(18)__"Communicate" means:

(a)__To send a written or other tangible record;

(b)__To transmit a record by any means agreed upon by the persons sending and receiving the record; or

(c)__In the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule.

(19)__"Consignee" means a merchant to which goods are delivered in a consignment.

(20)__"Consignment" means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:

(a)__The merchant:

(i)__Deals in goods of that kind under a name other than the name of the person making delivery;

(ii)__Is not an auctioneer; and