7 U.S.C. § 1635 — Purpose

Page 926 TITLE 7—AGRICULTURE § 1633 not as part of the Agricultural Marketing Act of 1946 which comprises this chapter. § 1633. Cooperation with State agencies in ad- ministration and enforcement of laws relat- ing to marketing of agricultural products and control or eradication of plant and ani- mal diseases and pests; coordination of ad- ministration of Federal and State laws In order to avoid duplication of functions, fa- cilities, and personnel, and to attain closer co- ordination and greater effectiveness and econ- omy in administration of Federal and State laws and regulations relating to the marketing of ag- ricultural products and to the control or eradi- cation of plant and animal diseases and pests, the Secretary of Agriculture is authorized, in the administration and enforcement of such Federal laws within his area of responsibility, whenever he deems it feasible and in the public interest, to enter into cooperative arrangements with State departments of agriculture and other State agencies charged with the administration and enforcement of such State laws and regula- tions and to provide that any such State agency which has adequate facilities, personnel, and procedures, as determined by the Secretary, may assist the Secretary in the administration and enforcement of such Federal laws and regu- lations to the extent and in the manner he deems appropriate in the public interest. Further, the Secretary is authorized to coordi- nate the administration of such Federal laws and regulations with such State laws and regu- lations wherever feasible. However, nothing herein shall affect the jurisdiction of the Sec- retary of Agriculture under any Federal law, or any authority to cooperate with State agencies or other agencies or persons under existing pro- visions of law, or affect any restrictions of law upon such cooperation. (Pub. L. 87–718, Sept. 28, 1962, 76 Stat. 663.) Editorial Notes CODIFICATION Section was formerly classified to section 450 of this title prior to editorial reclassification and renumbering as this section. Section was enacted as Pub. L. 87–718, popularly known as the Talmadge-Aiken Act, and not as part of the Agricultural Marketing Act of 1946 which comprises this chapter. SUBCHAPTER II—LIVESTOCK MANDATORY REPORTING PART A—PURPOSE; DEFINITIONS § 1635. Purpose The purpose of this subchapter is to establish a program of information regarding the mar- keting 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 live- stock products; (2) improves the price and supply reporting services of the Department of Agriculture; and (3) encourages competition in the market- place for livestock and livestock products. (Aug. 14, 1946, ch. 966, title II, § 211, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1188.) Statutory Notes and Related Subsidiaries LIVESTOCK MANDATORY REPORTING Pub. L. 106–78, title IX, Oct. 22, 1999, 113 Stat. 1188, as amended by Pub. L. 108–444, § 1, Dec. 3, 2004, 118 Stat. 2635; Pub. L. 109–296, § 1(b), Oct. 5, 2006, 120 Stat. 1464; Pub. L. 111–239, § 2(a)(2), Sept. 27, 2010, 124 Stat. 2501; Pub. L. 114–54, title I, § 101(b), Sept. 30, 2015, 129 Stat. 513; Pub. L. 117–103, div. O, title III, § 301(b), Mar. 15, 2022, 136 Stat. 788; Pub. L. 117–328, div. A, title VII, § 776(b), Dec. 29, 2022, 136 Stat. 4510; Pub. L. 118–42, div. B, title VII, § 793(b), Mar. 9, 2024, 138 Stat. 120, provided that: ‘‘SEC. 901. SHORT TITLE. ‘‘This title [enacting sections 198 to 198b and 1635 to 1636h of this title and this note, amending sections 192 and 5712 of this title, repealing section 229a of this title, and amending provisions set out as a note under sec- tion 1421 of this title] may be cited as the ‘Livestock Mandatory Reporting Act of 1999’. ‘‘Subtitle A—Livestock Mandatory Reporting ‘‘SEC. 911. LIVESTOCK MANDATORY REPORTING. ‘‘[Enacted this subchapter.] ‘‘SEC. 912. UNJUST DISQUALIFICATION. ‘‘[Amended section 192 of this title.] ‘‘SEC. 913. CONFORMING AMENDMENTS. ‘‘(a) [Repealed section 229a of this title.] ‘‘(b) [Amended section 101(a) [title XI, § 1127] of Pub. L. 105–277, former 7 U.S.C. 1421 note.] ‘‘Subtitle B—Related Beef Reporting Provisions ‘‘SEC. 921. BEEF EXPORT REPORTING. ‘‘[Amended section 5712 of this title.] ‘‘SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS. ‘‘Not later than 1 year after the date of the enact- ment of this Act [Oct. 22, 1999], the Secretary of Agri- culture shall fully implement a program, through the use of a streamlined electronic online system, to issue and report export certificates for all meat and meat products. ‘‘SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE. ‘‘(a) IN GENERAL.—The Secretary of Agriculture shall— ‘‘(1) obtain information regarding the import of beef and beef variety meats (consistent with the in- formation categories reported for beef exports under section 602(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle using available information sources; and ‘‘(2) publish the information in a timely manner weekly and in a form that maximizes the utility of the information to beef producers, packers, and other market participants. ‘‘(b) CONTENT.—The published information shall in- clude information reporting the year-to-date cumu- lative annual imports of beef, beef variety meats, and cattle for the current and prior marketing years. ‘‘SEC. 924. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated such sums as are necessary to carry out sections 922 and 923. ‘‘Subtitle C—Related Swine Reporting Provisions ‘‘SEC. 931. IMPROVEMENT OF HOGS AND PIGS IN- VENTORY REPORT. ‘‘(a) IN GENERAL.—Effective beginning not later than 90 days after the date of the enactment of this Act [Oct. Page 927 TITLE 7—AGRICULTURE § 1635a 22, 1999], the Secretary of Agriculture shall publish on a monthly basis the Hogs and Pigs Inventory Report. ‘‘(b) GESTATING SOWS.—The Secretary shall include in a separate category of the Report the number of bred female swine that are assumed, or have been confirmed, to be pregnant during the reporting period. ‘‘(c) PHASE-OUT.—Effective for a period of eight quar- ters after the implementation of the monthly report re- quired under subsection (a), the Secretary shall con- tinue to maintain and publish on a quarterly basis the Hogs and Pigs Inventory Report published on or before the date of the enactment of this Act. ‘‘SEC. 932. BARROW AND GILT SLAUGHTER. ‘‘(a) IN GENERAL.—The Secretary of Agriculture shall promptly obtain and maintain, through an appropriate collection system or valid sampling system at packing plants, information on the total slaughter of swine that reflects differences in numbers between barrows and gilts, as determined by the Secretary. ‘‘(b) AVAILABILITY.—The information shall be made available to swine producers, packers, and other mar- ket participants in a report published by the Secretary not less frequently than weekly. ‘‘(c) ADMINISTRATION.— ‘‘(1) IN GENERAL.—The Secretary shall administer the collection and compilation of information, and the publication of the report, required by this sec- tion. ‘‘(2) NONDELEGATION.—The Secretary shall not dele- gate the collection, compilation, or administration of the information required by this section to any pack- er (as defined in section 201 of the Packers and Stock- yards Act, 1921 (7 U.S.C. 191)). ‘‘SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT. ‘‘(a) IN GENERAL.—The Secretary of Agriculture shall contract with a qualified contractor to conduct a cor- relation study and prepare a report establishing a base- line and standards for determining and improving aver- age trim loss measurements and processing techniques for pork processors to employ in the slaughter of swine. ‘‘(b) CORRELATION STUDY AND REPORT.—The study and report shall— ‘‘(1) analyze processing techniques that would as- sist the pork processing industry in improving proce- dures for uniformity and transparency in how trim loss is discounted (in dollars per hundred pounds car- cass weight) by different packers and processors; ‘‘(2) analyze slaughter inspection procedures that could be improved so that trimming procedures and policies of the Secretary are uniform to the max- imum extent determined practicable by the Sec- retary; ‘‘(3) determine how the Secretary may be able to foster improved breeding techniques and animal han- dling and transportation procedures through training programs made available to swine producers so as to minimize trim loss in slaughter processing; and ‘‘(4) make recommendations that are designed to ef- fect changes in the pork industry so as to achieve continuous improvement in average trim losses and discounts. ‘‘(c) SUBSEQUENT REPORTS ON STATUS OF IMPROVE- MENTS AND UPDATES IN BASELINE.—Not less frequently than once every 2 years after the initial publication of the report required under this section, the Secretary shall make subsequent periodic reports that— ‘‘(1) examine the status of the improvement in re- ducing trim loss discounts in the pork processing in- dustry; and ‘‘(2) update the baseline to reflect changes in trim loss discounts. ‘‘(d) SUBMISSION OF REPORTS TO CONGRESS, PRO- DUCERS, PACKERS, AND OTHERS.—The reports required under this section shall be made available to— ‘‘(1) the public on the Internet; ‘‘(2) the Committee on Agriculture of the House of Representatives; ‘‘(3) the Committee on Agriculture, Nutrition, and Forestry of the Senate; ‘‘(4) producers and packers; and ‘‘(5) other market participants. ‘‘SEC. 934. SWINE PACKER MARKETING CON- TRACTS. ‘‘[Enacted sections 198 to 198b of this title.] ‘‘SEC. 935. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated such sums as are necessary to carry out this subtitle and the amendments made by this subtitle. ‘‘Subtitle D—Implementation ‘‘SEC. 941. REGULATIONS. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Oct. 22, 1999], the Secretary of Agriculture shall publish final regulations to implement this title and the amendments made by this title. ‘‘(b) PUBLICATION OF PROPOSED REGULATIONS.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish proposed regula- tions to implement this title and the amendments made by this title. ‘‘(c) COMMENT PERIOD.—The Secretary shall provide an opportunity for comment on the proposed regula- tions during the 30-day period beginning on the date of the publication of the proposed regulations. ‘‘(d) FINAL REGULATIONS.—Not later than 60 days after the conclusion of the comment period, the Sec- retary shall publish the final regulations and imple- ment this title and the amendments made by this title. ‘‘SEC. 942. TERMINATION OF AUTHORITY. ‘‘The authority provided by this title [enacting sec- tions 198 to 198b and 1635 to 1636h of this title and this note, amending sections 192 and 5712 of this title, re- pealing section 229a of this title, and amending provi- sions set out as a note under section 1421 of this title] and the amendments made by this title (other than sec- tion 911 of subtitle A [enacting this subchapter] and the amendments made by that section) terminate[s] on September 30, 2024.’’ [Authority referred to in section 942 of Pub. L. 106–78, set out above, extended to Mar. 14, 2025, by Pub. L. 118–83, div. A, §§ 106(3), 120, Sept. 26, 2024, 138 Stat. 1526, 1528, as amended by Pub. L. 118–158, div. A, § 101(1), Dec. 21, 2024, 138 Stat. 1723.] § 1635a. Definitions In this subchapter: (1) Base price The term ‘‘base price’’ means the price paid for livestock, delivered at the packing plant, before application of any premiums or dis- counts, expressed in dollars per hundred pounds of carcass weight. (2) Basis level The term ‘‘basis level’’ means the agreed-on adjustment to a future price to establish the final price paid for livestock. (3) Current slaughter week The term ‘‘current slaughter week’’ means the period beginning Monday, and ending Sun- day, of the week in which a reporting day oc- curs. (4) F.O.B. The term ‘‘F.O.B.’’ means free on board, re- gardless of the mode of transportation, at the point of direct shipment by the seller to the buyer. (5) Livestock The term ‘‘livestock’’ means cattle, swine, and lambs.