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7 U.S.C. § 198a — Swine packer marketing contracts offered to producers

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 198a — Swine packer marketing contracts offered to producers

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Source location: Title 7, Chapter 9, § 198a; chapter-009-packers-and-stockyards.md

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**(a) In general** Subject to the availability of appropriations to carry out this section, the Secretary shall establish and maintain a library or catalog of each type of contract offered by packers to swine producers for the purchase of all or part of the producers’ production of swine (including swine that are purchased or committed for delivery), including all available noncarcass merit premiums. **(b) Availability** The Secretary shall make available to swine producers and other interested persons information on the types of contracts described in subsection (a), including notice (on a real-time basis if practicable) of the types of contracts that are being offered by each individual packer to, and are open to acceptance by, producers for the purchase of swine. **(c) Confidentiality** The reporting requirements under subsections (a) and (b) shall be subject to the confidentiality protections provided under [section 1636 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1636&num=0&edition=prelim). **(d) Information collection** (1) **In general** — The Secretary shall— (A) obtain (by a filing or other procedure required of each individual packer) information indicating what types of contracts for the purchase of swine are available from each packer; and (B) make the information available in a monthly report to swine producers and other interested persons. (2) **Contracted swine numbers** — Each packer shall provide, and the Secretary shall collect and publish in the monthly report required under paragraph (1)(B), information specifying— (A) the types of existing contracts for each packer; (B) the provisions contained in each contract that provide for expansion in the numbers of swine to be delivered under the contract for the following 6-month and 12-month periods; (C) an estimate of the total number of swine committed by contract for delivery to all packers within the 6-month and 12-month periods following the date of the report, reported by reporting region and by type of contract; and (D) an estimate of the maximum total number of swine that potentially could be delivered within the 6-month and 12-month periods following the date of the report under the provisions described in subparagraph (B) that are included in existing contracts, reported by reporting region and by type of contract. **(e) Violations** It shall be unlawful and a violation of this subchapter for any packer to willfully fail or refuse to provide to the Secretary accurate information required under, or to willfully fail or refuse to comply with any requirement of, this section. **(f) Authorization of appropriations** There are authorized to be appropriated such sums as necessary to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1635 — Purpose

The purpose of this subchapter is to establish a program of information regarding the marketing of cattle, swine, lambs, and products of such livestock that— (1) provides information that can be readily understood by producers, packers, and other market participants, including information with respect to the pricing, contracting for purchase, and supply and demand conditions for livestock, livestock production, and livestock products; (2) improves the price and supply reporting services of the Department of Agriculture; and (3) encourages competition in the marketplace for livestock and livestock products.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1636 — General provisions

**(a) Confidentiality** The Secretary shall make available to the public information, statistics, and documents obtained from, or submitted by, packers, retail entities, and other persons under this subchapter in a manner that ensures that confidentiality is preserved regarding— (1) the identity of persons, including parties to a contract; and (2) proprietary business information. **(b) Disclosure by Federal Government employees** (1) **In general** — Subject to paragraph (2), no officer, employee, or agent of the United States shall, without the consent of the packer or other person concerned, divulge or make known in any manner, any facts or information regarding the business of the packer or other person that was acquired through reporting required under this subchapter. (2) **Exceptions** — Information obtained by the Secretary under this subchapter may be disclosed— (A) to agents or employees of the Department of Agriculture in the course of their official duties under this subchapter; (B) as directed by the Secretary or the Attorney General, for enforcement purposes; or (C) by a court of competent jurisdiction. (3) **Disclosure under Freedom of Information Act** — Notwithstanding any other provision of law, no facts or information obtained under this subchapter shall be disclosed in accordance with [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim). **(c) Reporting by packers** A packer shall report all information required under this subchapter on an individual lot basis. **(d) Regional reporting and aggregation** The Secretary shall make information obtained under this subchapter available to the public only in a manner that— (1) ensures that the information is published

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1632e — Cattle Contracts Library

There is hereby appropriated $1,000,000, to remain available until September 30, 2023, for a Cattle Contracts Library pilot program that the Agricultural Marketing Service shall develop and maintain within the Livestock, Poultry, and Grain Market News Division. This program shall be similar, as determined by the Secretary, to the swine contract library the U.S. Department of Agriculture currently maintains pursuant to [section 198a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section198a&num=0&edition=prelim). The promulgation of the regulations and administration of this section shall be made without regard to: (1) the notice and comment provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim); and (2) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”).

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 198a — Swine packer marketing contracts offered

Page 338 TITLE 7—AGRICULTURE § 198 § 198. Definitions Except as provided in section 198b(a) of this title, in this part: (1) Market The term ‘‘market’’ means the sale or dis- position of swine, pork, or pork products in commerce. (2) Packer The term ‘‘packer’’ has the meaning given the term in section 1635i of this title. (3) Pork The term ‘‘pork’’ means the meat of a por- cine animal. (4) Pork product The term ‘‘pork product’’ means a product or byproduct produced or processed in whole or in part from pork. (5) State The term ‘‘State’’ means each of the 50 States. (6) Swine The term ‘‘swine’’ means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter. (7) Type of contract The term ‘‘type of contract’’ means the clas- sification of contracts or risk management agreements for the purchase of swine by— (A) the mechanism used to determine the base price for swine committed to a packer, grouped into practicable classifications by the Secretary (including swine or pork mar- ket formula purchases, other market for- mula purchases, and other purchase arrange- ments); and (B) the presence or absence of an accrual account or ledger that must be repaid by the producer or packer that receives the benefit of the contract pricing mechanism in rela- tion to negotiated prices. (8) Other terms Except as provided in this part, a term has the meaning given the term in section 1635a or 1635i of this title. (Aug. 15, 1921, ch. 64, title II, § 221, as added Pub. L. 106–78, title IX, § 934(2), Oct. 22, 1999, 113 Stat. 1208.) TERMINATION OF SECTION For termination of section by section 942 of Pub. L. 106–78, see Livestock Mandatory Re- porting note set out under section 1635 of this title. Statutory Notes and Relat

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