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7 U.S.C. § 1636 — General provisions

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

7 U.S.C. § 1636 — General provisions

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Source location: Title 7, Chapter 38, § 1636; chapter-038-distribution-and-marketing-of-agricultural-products.md

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**(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 on a national and a regional or statewide basis as the Secretary determines to be appropriate; (2) ensures that the identity of a reporting person is not disclosed; and (3) conforms to aggregation guidelines established by the Secretary. **(e) Adjustments** Prior to the publication of any information required under this subchapter, the Secretary may make reasonable adjustments in information reported by packers to reflect price aberrations or other unusual or unique occurrences that the Secretary determines would distort the published information to the detriment of producers, packers, or other market participants. **(f) Verification** The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported under part B, C, or D of this subchapter. **(g) Electronic reporting and publishing** (1) **In general** — The Secretary shall, to the maximum extent practicable, provide for the reporting and publishing of the information required under this subchapter by electronic means. (2) **Improvements and education** (A) *Enhanced electronic publishing* — The Secretary shall develop and implement an enhanced system of electronic publishing to disseminate information collected pursuant to this subchapter. Such system shall— (i) present information in a format that can be readily understood by producers, packers, and other market participants; (ii) adhere to the publication deadlines in this subchapter; (iii) present information in charts and graphs, as appropriate; (iv) present comparative information for prior reporting periods, as the Secretary considers appropriate; and (v) be updated as soon as practicable after information is reported to the Secretary. (B) *Education* — The Secretary shall carry out a market news education program to educate the public and persons in the livestock and meat industries about— (i) usage of the system developed under subparagraph (A); and (ii) interpreting and understanding information collected and disseminated through such system. **(h) Reporting of activities on weekends and holidays** (1) **In general** — Livestock committed to a packer, or purchased, sold, or slaughtered by a packer, on a weekend day or holiday shall be reported by the packer to the Secretary (to the extent required under this subchapter), and reported by the Secretary, on the immediately following reporting day. (2) **Limitation on reporting by packers** — A packer shall not be required to report actions under paragraph (1) more than once on the immediately following reporting day. **(i) Effect on other laws** Nothing in this subchapter, the Livestock Mandatory Reporting Act of 1999, or amendments made by that Act restricts or modifies the authority of the Secretary to— (1) administer or enforce the Packers and Stockyards Act, 1921 ([7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.); (2) administer, enforce, or collect voluntary reports under this chapter or any other law; or (3) access documentary evidence as provided under sections 49 and 50 of title 15.

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

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

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7 U.S.C. § 181 — Short title

This chapter may be cited as the “Packers and Stockyards Act, 1921.”

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

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

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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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7 U.S.C. § 1621 — Congressional declaration of purpose; use of existing facilities; cooperation with States

The Congress declares that a sound, efficient, and privately operated system for distributing and marketing agricultural products is essential to a prosperous agriculture and is indispensable to the maintenance of full employment and to the welfare, prosperity, and health of the Nation. It is further declared to be the policy of Congress to promote through research, study, experimentation, and through cooperation among Federal and State agencies, farm organizations, and private industry a scientific approach to the problems of marketing, transportation, and distribution of agricultural products similar to the scientific methods which have been utilized so successfully during the past eighty-four years in connection with the production of agricultural products so that such products capable of being produced in abundance may be marketed in an orderly manner and efficiently distributed. In order to attain these objectives, it is the intent of Congress to provide for (1) continuous research to improve the marketing, handling, storage, processing, transportation, and distribution of agricultural products; (2) cooperation among Federal and State agencies, producers, industry organizations, and others in the development and effectuation of research and marketing programs to improve the distribution processes; (3) an integrated administration of all laws enacted by Congress to aid the distribution of agricultural products through research, market aids and services, and regulatory activities, to the end that marketing methods and facilities may be improved, that distribution costs may be reduced and the price spread between the producer and consumer may be narrowed, that dietary and nutritional standards may be improved, that new and wider markets for American agricultural produ

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

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

**(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

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7 U.S.C. § 1636 — General provisions

Page 936 TITLE 7—AGRICULTURE § 1635m PART D—LAMB REPORTING § 1635m. Mandatory reporting for lambs (a) Establishment The Secretary may establish a program of mandatory lamb price information reporting that will— (1) provide timely, accurate, and reliable market information; (2) facilitate more informed marketing deci- sions; and (3) promote competition in the lamb slaugh- tering industry. (b) Notice and comment If the Secretary establishes a mandatory price reporting program under subsection (a), the Sec- retary shall provide an opportunity for com- ment on proposed regulations to establish the program during the 30-day period beginning on the date of the publication of the proposed regu- lations. (Aug. 14, 1946, ch. 966, title II, § 241, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1200.) Statutory Notes and Related Subsidiaries LAMB REPORTING Pub. L. 114–54, title I, § 103, Sept. 30, 2015, 129 Stat. 514, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [Sept. 30, 2015], the Secretary of Agriculture shall revise section 59.300 of title 7, Code of Federal Regulations, so that— ‘‘(1) the definition of the term ‘importer’— ‘‘(A) includes only those importers that imported an average of 1,000 metric tons of lamb meat prod- ucts per year during the immediately preceding 4 calendar years; and ‘‘(B) may include any person that does not meet the requirement referred to in subparagraph (A), if the Secretary determines that the person should be considered an importer based on their volume of lamb imports; and ‘‘(2) the definition of the term ‘packer’— ‘‘(A) applies to any entity with 50 percent or more ownership in a facility; ‘‘(B) includes a federally inspected lamb proc- essing plant whic

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

7 U.S.C. § 181 — Short title

Page 331 TITLE 7—AGRICULTURE § 182 § 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952. See note set out under section 391 of this title. By order of Secretary of Agriculture, Packers and Stockyards Administration abolished on July 1, 1927, and enforcement of Packers and Stockyards Act of 1921, which is classified to this chapter, was put under con- trol of chief of Bureau of Animal Industry. SUBCHAPTER I—GENERAL DEFINITIONS § 181. Short title This chapter may be cited as the ‘‘Packers and Stockyards Act, 1921.’’ (Aug. 15, 1921, ch. 64, title I, § 1, 42 Stat. 159.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–237, § 1, Oct. 7, 2016, 130 Stat. 970, provided that: ‘‘This Act [amending sections 201 and 228b of this title] may be cited as the ‘Clarification of Treatment of Electronic Sales of Livestock Act of 2016’.’’ SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–173, § 1, Nov. 23, 1987, 101 Stat. 917, pro- vided that: ‘‘This Act [enacting sections 197 and 228b–1 to 228b–4 of this title, amending sections 182, 192, 209, 221, 223, 227, and 228a of this title, repealing sections 218 to 218d of this title, and enacting provisions set out as notes under sections 182 and 227 of this title] may be cited as the ‘Poultry Producers Financial Protection Act of 1987’.’’ IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES UNDER THIS CHAPTER Pub. L. 106–472, title III, § 312(a)-(d), Nov. 9, 2000, 114 Stat. 2076, 2077, provided that: ‘‘(a) IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE [NOW GOVERNMENT ACCOUNTABILITY OFFICE] REC- OMMENDATIONS.—Not later than 1 year after the date of the enactment of this Act [Nov. 9, 2000], the Secretary of Agriculture shall implement the recommendations contained in the report issued by the Gener

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