Commodity Exchange Act — definition of 'commodity' (7 U.S.C. §1a) and retail commodity transactions (§2(c)(2)(D) / 7 U.S.C. §2)
The CEA/CFTC backbone behind CFTC v. Ooki DAO: digital commodities fall under the CEA, and off-exchange leveraged or margined retail commodity transactions are subject to CFTC jurisdiction.
Verbatim regulatory text
Verbatim provisions from Commodity Exchange Act — definition of 'commodity' (7 U.S.C. §1a) and retail commodity transactions (§2(c)(2)(D) / 7 U.S.C. §2) — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
7 U.S.C. §2(c)(2)(D)
any agreement, contract, or transaction in any commodity that is— (I) entered into with, or offered to (even if not entered into with), a person that is not an eligible contract participant or eligible commercial entity ; and (II) entered into, or offered (even if not entered into), on a leveraged or margined basis, or financed by the offeror, the counterparty, or a person acting in concert with the offeror or counterparty on a similar basis.
7 U.S.C. §1a(9)
(9) Commodity The term “ commodity ” means wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, mill feeds, butter, eggs, Solanum tuberosum (Irish potatoes), wool, wool tops, fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil, and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans, soybean meal, livestock, livestock products, and frozen concentrated orange juice, and all other goods and articles, except onions (as provided by section 13–1 of this title ) and motion picture box office receipts (or any index, measure, value, or data related to such receipts), and all services, rights, and interests (except motion picture box office receipts,