{"identifier":"/us/usc/t7/s1635i","title":7,"num":"\u00a7\u202f1635i.","heading":"Definitions","text":"\u00a7\u202f1635i.\nDefinitions\nIn this part:\n(1)\nAffiliate\nThe term \u201caffiliate\u201d, with respect to a packer, means\u2014\n(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;\n(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\n(C) a person that directly or indirectly controls, or is controlled by or under common control with, the packer.\n(2)\nApplicable reporting period\nThe term \u201capplicable reporting period\u201d means the period of time prescribed by the prior day report, the morning report, and the afternoon report, as required under\nsection 1635j(c) of this title\n(3)\nBarrow\nThe term \u201cbarrow\u201d means a neutered male swine.\n(4)\nBase market hog\nThe term \u201cbase market hog\u201d means a barrow or gilt for which no discounts are subtracted from and no premiums are added to the base price.\n(5)\nBoar\nThe term \u201cboar\u201d means a sexually-intact male swine.\n(6)\nFormula price\nThe term \u201cformula price\u201d means a price determined by a mathematical formula under which the price established for a specified market serves as the basis for the formula.\n(7)\nGilt\nThe term \u201cgilt\u201d means a young female swine that has not produced a litter.\n(8)\nHog class\nThe term \u201chog class\u201d means, as applicable\u2014\n(A) barrows or gilts;\n(B) sows; or\n(C) boars or stags.\n(9)\nNegotiated formula purchase\nThe term \u201cnegotiated formula purchase\u201d means a swine or pork market formula purchase under which\u2014\n(A) the formula is determined by negotiation on a lot-by-lot basis; and\n(B) the swine are scheduled for delivery to the packer not later than 14 days after the date on which the formula is negotiated and swine are committed to the packer.\n(10)\nNoncarcass merit premium\nThe term \u201cnoncarcass merit premium\u201d 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.\n(11)\nOther market formula purchase\n(A)\nIn general\nThe term \u201cother market formula purchase\u201d 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.\n(B)\nInclusion\nThe term \u201cother market formula purchase\u201d includes a formula purchase in a case in which the price formula is based on one or more futures or options contracts.\n(12)\nOther purchase arrangement\nThe term \u201cother purchase arrangement\u201d means a purchase of swine by a packer that\u2014\n(A) is not a negotiated purchase, swine or pork market formula purchase, negotiated formula purchase, or other market formula purchase; and\n(B) does not involve packer-owned swine.\n(13)\nPacker\nThe term \u201cpacker\u201d 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\u2014\n(A) the term includes only a swine processing plant that is federally inspected;\n(B) for any calendar year, the term includes only\u2014\n(i) a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding five calendar years; and\n(ii) a person that slaughtered an average of at least 200,000 sows, boars, or any combination thereof, per year during the immediately preceding five calendar years; and\n(C) in the case of a swine processing plant or person that did not slaughter swine during the immediately preceding 5 calendar years, the Secretary shall consider the plant capacity of the processing plant or person in determining whether the processing plant or person should be considered a packer under this part.\n(14)\nPacker-owned swine\nThe term \u201cpacker-owned swine\u201d means swine that a packer (including a subsidiary or affiliate of the packer) owns for at least 14 days immediately before slaughter.\n(15)\nPacker-sold swine\nThe term \u201cpacker-sold swine\u201d means the swine that are\u2014\n(A) owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately before sale for slaughter; and\n(B) sold for slaughter to another packer.\n(16)\nPork\nThe term \u201cpork\u201d means the meat of a porcine animal.\n(17)\nPork product\nThe term \u201cpork product\u201d means a product or byproduct produced or processed in whole or in part from pork.\n(18)\nPurchase data\nThe term \u201cpurchase data\u201d 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\u2014\n(A) hog class;\n(B) type of purchase; and\n(C) packer-owned swine.\n(19)\nSlaughter data\nThe term \u201cslaughter data\u201d 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\u2014\n(A) hog class;\n(B) type of purchase; and\n(C) packer-owned swine.\n(20)\nSow\nThe term \u201csow\u201d means an adult female swine that has produced one or more litters.\n(21)\nSwine\nThe term \u201cswine\u201d means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter.\n(22)\nSwine or pork market formula purchase\nThe term \u201cswine or pork market formula purchase\u201d 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.\n(23)\nType of purchase\nThe term \u201ctype of purchase\u201d, with respect to swine, means\u2014\n(A) a negotiated purchase;\n(B) other market formula purchase;\n(C) a swine or pork market formula purchase;\n(D) a negotiated formula purchase; and\n(E) other purchase arrangement.","url":"https://projectusc.org/usc/t7/s1635i.html","content":[{"t":"sec","id":"/us/usc/t7/s1635i","children":[{"t":"num","text":"\u00a7\u202f1635i."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this part:"},{"t":"para","id":"/us/usc/t7/s1635i/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Affiliate"},{"t":"chapeau","text":"The term \u201caffiliate\u201d, with respect to a packer, means\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a person that directly or indirectly controls, or is controlled by or under common control with, the packer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Applicable reporting period"},{"t":"content","children":[{"t":"p","text":"The term \u201capplicable reporting period\u201d means the period of time prescribed by the prior day report, the morning report, and the afternoon report, as required under ","children":[{"t":"ref","text":"section 1635j(c) of this title","href":"/us/usc/t7/s1635j/c","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Barrow"},{"t":"content","children":[{"t":"p","text":"The term \u201cbarrow\u201d means a neutered male swine.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Base market hog"},{"t":"content","children":[{"t":"p","text":"The term \u201cbase market hog\u201d means a barrow or gilt for which no discounts are subtracted from and no premiums are added to the base price.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Boar"},{"t":"content","children":[{"t":"p","text":"The term \u201cboar\u201d means a sexually-intact male swine.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Formula price"},{"t":"content","children":[{"t":"p","text":"The term \u201cformula price\u201d means a price determined by a mathematical formula under which the price established for a specified market serves as the basis for the formula.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Gilt"},{"t":"content","children":[{"t":"p","text":"The term \u201cgilt\u201d means a young female swine that has not produced a litter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Hog class"},{"t":"chapeau","text":"The term \u201chog class\u201d means, as applicable\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/8/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" barrows or gilts;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/8/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" sows; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/8/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" boars or stags.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Negotiated formula purchase"},{"t":"chapeau","text":"The term \u201cnegotiated formula purchase\u201d means a swine or pork market formula purchase under which\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the formula is determined by negotiation on a lot-by-lot basis; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the swine are scheduled for delivery to the packer not later than 14 days after the date on which the formula is negotiated and swine are committed to the packer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Noncarcass merit premium"},{"t":"content","children":[{"t":"p","text":"The term \u201cnoncarcass merit premium\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Other market formula purchase"},{"t":"subpara","id":"/us/usc/t7/s1635i/11/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cother market formula purchase\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/11/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusion"},{"t":"content","children":[{"t":"p","text":"The term \u201cother market formula purchase\u201d includes a formula purchase in a case in which the price formula is based on one or more futures or options contracts.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Other purchase arrangement"},{"t":"chapeau","text":"The term \u201cother purchase arrangement\u201d means a purchase of swine by a packer that\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is not a negotiated purchase, swine or pork market formula purchase, negotiated formula purchase, or other market formula purchase; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not involve packer-owned swine.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Packer"},{"t":"chapeau","text":"The term \u201cpacker\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/13/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the term includes only a swine processing plant that is federally inspected;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/13/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" for any calendar year, the term includes only\u2014"},{"t":"clause","id":"/us/usc/t7/s1635i/13/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding five calendar years; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s1635i/13/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a person that slaughtered an average of at least 200,000 sows, boars, or any combination thereof, per year during the immediately preceding five calendar years; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/13/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" in the case of a swine processing plant or person that did not slaughter swine during the immediately preceding 5 calendar years, the Secretary shall consider the plant capacity of the processing plant or person in determining whether the processing plant or person should be considered a packer under this part.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Packer-owned swine"},{"t":"content","children":[{"t":"p","text":"The term \u201cpacker-owned swine\u201d means swine that a packer (including a subsidiary or affiliate of the packer) owns for at least 14 days immediately before slaughter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Packer-sold swine"},{"t":"chapeau","text":"The term \u201cpacker-sold swine\u201d means the swine that are\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/15/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately before sale for slaughter; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/15/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" sold for slaughter to another packer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Pork"},{"t":"content","children":[{"t":"p","text":"The term \u201cpork\u201d means the meat of a porcine animal.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Pork product"},{"t":"content","children":[{"t":"p","text":"The term \u201cpork product\u201d means a product or byproduct produced or processed in whole or in part from pork.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/18","children":[{"t":"num","text":"(18)"},{"t":"heading","text":"Purchase data"},{"t":"chapeau","text":"The term \u201cpurchase data\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/18/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" hog class;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/18/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" type of purchase; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/18/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" packer-owned swine.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/19","children":[{"t":"num","text":"(19)"},{"t":"heading","text":"Slaughter data"},{"t":"chapeau","text":"The term \u201cslaughter data\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/19/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" hog class;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/19/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" type of purchase; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/19/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" packer-owned swine.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/20","children":[{"t":"num","text":"(20)"},{"t":"heading","text":"Sow"},{"t":"content","children":[{"t":"p","text":"The term \u201csow\u201d means an adult female swine that has produced one or more litters.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/21","children":[{"t":"num","text":"(21)"},{"t":"heading","text":"Swine"},{"t":"content","children":[{"t":"p","text":"The term \u201cswine\u201d means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/22","children":[{"t":"num","text":"(22)"},{"t":"heading","text":"Swine or pork market formula purchase"},{"t":"content","children":[{"t":"p","text":"The term \u201cswine or pork market formula purchase\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1635i/23","children":[{"t":"num","text":"(23)"},{"t":"heading","text":"Type of purchase"},{"t":"chapeau","text":"The term \u201ctype of purchase\u201d, with respect to swine, means\u2014"},{"t":"subpara","id":"/us/usc/t7/s1635i/23/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a negotiated purchase;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/23/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" other market formula purchase;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/23/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a swine or pork market formula purchase;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/23/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" a negotiated formula purchase; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1635i/23/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" other purchase arrangement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}