7 U.S.C. § 198 — Definitions

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 Related Subsidiaries TERMINATION DATE Section to terminate Mar. 14, 2025, see section 942 of Pub. L. 106–78, set out in a Livestock Mandatory Re- porting note under section 1635 of this title. § 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 es- tablish and maintain a library or catalog of each type of contract offered by packers to swine pro- ducers for the purchase of all or part of the pro- ducers’ production of swine (including swine that are purchased or committed for delivery), including all available noncarcass merit pre- miums. (b) Availability The Secretary shall make available to swine producers and other interested persons informa- tion on the types of contracts described in sub- section (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. (d) Information collection (1) In general The Secretary shall— (A) obtain (by a filing or other procedure required of each individual packer) informa- tion 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 con- tract that provide for expansion in the num- bers of swine to be delivered under the con- tract 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, re- ported 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 subpara- graph (B) that are included in existing con- tracts, 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 in- formation 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.