
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1635i]

 
                          TITLE 7--AGRICULTURE
 
     CHAPTER 38--DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
 
              SUBCHAPTER II--LIVESTOCK MANDATORY REPORTING
 
                         Part C--Swine Reporting
 
Sec. 1635i. Definitions

    In this part:

                            (1) Affiliate

        The term ``affiliate'', with respect to a packer, means--
            (A) a person that directly or indirectly owns, controls, or 
        holds with power to vote, 5 percent or more of the outstanding 
        voting securities of the packer;
            (B) a person 5 percent or more of whose outstanding voting 
        securities are directly or indirectly owned, controlled, or held 
        with power to vote, by the packer; and
            (C) a person that directly or indirectly controls, or is 
        controlled by or under common control with, the packer.

                   (2) Applicable reporting period

        The term ``applicable reporting period'' means the period of 
    time prescribed by the prior day report, the morning report, and the 
    afternoon report, as required under section 1635j(c) of this title.

                             (3) Barrow

        The term ``barrow'' means a neutered male swine.

                         (4) Base market hog

        The term ``base market hog'' means a hog for which no discounts 
    are subtracted from and no premiums are added to the base price.

                        (5) Bred female swine

        The term ``bred female swine'' means any female swine, whether a 
    sow or gilt, that has been mated or inseminated and is assumed, or 
    has been confirmed, to be pregnant.

                          (6) Formula price

        The term ``formula price'' means a price determined by a 
    mathematical formula under which the price established for a 
    specified market serves as the basis for the formula.

                              (7) Gilt

        The term ``gilt'' means a young female swine that has not 
    produced a litter.

                            (8) Hog class

        The term ``hog class'' means, as applicable--
            (A) barrows or gilts;
            (B) sows; or
            (C) boars or stags.

                    (9) Noncarcass merit premium

        The term ``noncarcass merit premium'' means an increase in the 
    base price of the swine offered by an individual packer or packing 
    plant, based on any factor other than the characteristics of the 
    carcass, if the actual amount of the premium is known before the 
    sale and delivery of the swine.

                 (10) Other market formula purchase

        (A) In general

            The term ``other market formula purchase'' means a purchase 
        of swine by a packer in which the pricing mechanism is a formula 
        price based on any market other than the market for swine, pork, 
        or a pork product.

        (B) Inclusion

            The term ``other market formula purchase'' includes a 
        formula purchase in a case in which the price formula is based 
        on one or more futures or options contracts.

                   (11) Other purchase arrangement

        The term ``other purchase arrangement'' means a purchase of 
    swine by a packer that--
            (A) is not a negotiated purchase, swine or pork market 
        formula purchase, or other market formula purchase; and
            (B) does not involve packer-owned swine.

                             (12) Packer

        The term ``packer'' means any person engaged in the business of 
    buying swine in commerce for purposes of slaughter, of manufacturing 
    or preparing meats or meat food products from swine for sale or 
    shipment in commerce, or of marketing meats or meat food products 
    from swine in an unmanufactured form acting as a wholesale broker, 
    dealer, or distributor in commerce, except that--
            (A) the term includes only a swine processing plant that is 
        federally inspected;
            (B) for any calendar year, the term includes only a swine 
        processing plant that slaughtered an average of at least 100,000 
        swine per year during the immediately preceding 5 calendar 
        years; and
            (C) in the case of a swine processing plant that did not 
        slaughter swine during the immediately preceding 5 calendar 
        years, the Secretary shall consider the plant capacity of the 
        processing plant in determining whether the processing plant 
        should be considered a packer under this part.

                       (13) Packer-owned swine

        The term ``packer-owned swine'' means swine that a packer 
    (including a subsidiary or affiliate of the packer) owns for at 
    least 14 days immediately before slaughter.

                       (14) Packer-sold swine

        The term ``packer-sold swine'' means the swine that are--
            (A) owned by a packer (including a subsidiary or affiliate 
        of the packer) for more than 14 days immediately before sale for 
        slaughter; and
            (B) sold for slaughter to another packer.

                              (15) Pork

        The term ``pork'' means the meat of a porcine animal.

                          (16) Pork product

        The term ``pork product'' means a product or byproduct produced 
    or processed in whole or in part from pork.

                         (17) Purchase data

        The term ``purchase data'' means all of the applicable data, 
    including weight (if purchased live), for all swine purchased during 
    the applicable reporting period, regardless of the expected delivery 
    date of the swine, reported by--
            (A) hog class;
            (B) type of purchase; and
            (C) packer-owned swine.

                         (18) Slaughter data

        The term ``slaughter data'' means all of the applicable data for 
    all swine slaughtered by a packer during the applicable reporting 
    period, regardless of when the price of the swine was negotiated or 
    otherwise determined, reported by--
            (A) hog class;
            (B) type of purchase; and
            (C) packer-owned swine.

                              (19) Sow

        The term ``sow'' means an adult female swine that has produced 
    one or more litters.

                             (20) Swine

        The term ``swine'' means a porcine animal raised to be a feeder 
    pig, raised for seedstock, or raised for slaughter.

             (21) Swine or pork market formula purchase

        The term ``swine or pork market formula purchase'' means a 
    purchase of swine by a packer in which the pricing mechanism is a 
    formula price based on a market for swine, pork, or a pork product, 
    other than a future or option for swine, pork, or a pork product.

                        (22) Type of purchase

        The term ``type of purchase'', with respect to swine, means--
            (A) a negotiated purchase;
            (B) other market formula purchase;
            (C) a swine or pork market formula purchase; and
            (D) other purchase arrangement.

(Aug. 14, 1946, ch. 966, title II, Sec. 231, as added Pub. L. 106-78, 
title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1193.)

                         Termination of Section

        For termination of section by section 942 of Pub. L. 106-78, see 
    Livestock Mandatory Reporting note set out under section 1635 of 
    this title.

                  Section Referred to in Other Sections

    This section is referred to in section 198 of this title.
