7 USC 1635 - Definitions

View all text of Part C [§ 1635i - § 1635k]

§ 1635i. DefinitionsIn this part:

(1) AffiliateThe 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

(2) Applicable reporting period

(3) Barrow

(4) Base market hog

(5) Boar

(6) Formula price

(7) Gilt

(8) Hog classThe term “hog class” means, as applicable—

(A) barrows or gilts;

(B) sows; or

(9) Negotiated formula purchaseThe term “negotiated formula purchase” means a swine or pork market formula purchase under which—

(A) the formula is determined by negotiation on a lot-by-lot basis; and

(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.

(10) Noncarcass merit premium

(11) Other market formula purchase

(A) In general

(B) Inclusion

(12) Other purchase arrangementThe 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, negotiated formula purchase, or other market formula purchase; and

(B) does not involve packer-owned swine.

(13) PackerThe 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—

(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

(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

(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.

(14) Packer-owned swine

(15) Packer-sold swineThe 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.

(16) Pork

(17) Pork product

(18) Purchase dataThe 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

(19) Slaughter dataThe 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

(20) Sow

(21) Swine

(22) Swine or pork market formula purchase

(23) Type of purchaseThe term “type of purchase”, with respect to swine, means—

(A) a negotiated purchase;

(B) other market formula purchase;

(D) a negotiated formula purchase; and

(E) other purchase arrangement.

(Aug. 14, 1946, ch. 966, title II, § 231, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1193; amended Pub. L. 109–296, § 2, Oct. 5, 2006, 120 Stat. 1464; Pub. L. 114–54, title I, § 102(a), Sept. 30, 2015, 129 Stat. 513.)