7 U.S.C. § 1635i — Definitions

In this part: (1) “Affiliate,” for a packer, means: (A) a person who directly or indirectly owns, controls, or can vote 5% or more of the packer’s voting securities; (B) a person whose voting securities are at least 5% directly or indirectly owned, controlled, or votable by the packer; or (C) a person who directly or indirectly controls, is controlled by, or is under common control with the packer. (2) “Applicable reporting period” means the time period specified by the prior-day, morning, and afternoon reports required by section 1635j(c) of this title. (3) “Barrow” means a neutered male swine. (4) “Base market hog” means a barrow or gilt whose base price has no discounts taken away and no premiums added. (5) “Boar” means a sexually intact male swine. (6) “Formula price” means a price set by a mathematical formula that uses the price established for a specified market as its basis. (7) “Gilt” means a young female swine that has not produced a litter. (8) “Hog class” means, as applicable: (A) barrows or gilts; (B) sows; or (C) boars or stags. (9) “Negotiated formula purchase” means a swine or pork market formula purchase in which (A) the formula is negotiated for each lot, and (B) the swine are scheduled for delivery to the packer no later than 14 days after the formula is negotiated and the swine are committed to the packer. (10) “Noncarcass merit premium” means an increase in a swine’s base price offered by a packer or packing plant based on a factor other than carcass characteristics, when the actual amount is known before the swine are sold and delivered. (11) “Other market formula purchase” means a packer’s purchase of swine priced by a formula based on a market other than the market for swine, pork, or a pork product. It includes a formula based on one or more futures or options contracts. (12) “Other purchase arrangement” means a packer’s purchase of swine 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) “Packer” means a person in the business of buying swine in commerce for slaughter; making or preparing meat or meat food products from swine for sale or shipment in commerce; or marketing unmanufactured meat or meat food products from swine as a wholesale broker, dealer, or distributor in commerce. The term includes only a federally inspected swine processing plant. For each calendar year, it includes only (i) a swine plant that slaughtered an average of at least 100,000 swine per year during the preceding five calendar years, and (ii) a person that slaughtered an average of at least 200,000 sows, boars, or both per year during those five years. If a plant or person did not slaughter swine during those five years, the Secretary must consider its plant capacity in deciding whether it is a packer under this part. (14) “Packer-owned swine” means swine owned by a packer, including its subsidiary or affiliate, for at least the 14 days immediately before slaughter. (15) “Packer-sold swine” means swine that (A) a packer, including its subsidiary or affiliate, owned for more than 14 days immediately before selling them for slaughter, and (B) sold for slaughter to another packer. (16) “Pork” means meat from a porcine animal. (17) “Pork product” means a product or byproduct made or processed wholly or partly from pork. (18) “Purchase data” means all applicable data, including live weight when purchased live, for all swine purchased during the applicable reporting period, regardless of expected delivery date. The data must be reported by (A) hog class, (B) type of purchase, and (C) whether the swine are packer-owned. (19) “Slaughter data” means all applicable data for all swine slaughtered by a packer during the applicable reporting period, regardless of when their price was negotiated or otherwise set. The data must be reported by (A) hog class, (B) type of purchase, and (C) whether the swine are packer-owned. (20) “Sow” means an adult female swine that has produced one or more litters. (21) “Swine” means a porcine animal raised as a feeder pig, for breeding stock, or for slaughter. (22) “Swine or pork market formula purchase” means a packer’s purchase of swine priced by a formula based on a market for swine, pork, or a pork product, other than a swine, pork, or pork-product futures or options contract. (23) “Type of purchase,” for swine, means (A) a negotiated purchase, (B) an other market formula purchase, (C) a swine or pork market formula purchase, (D) a negotiated formula purchase, or (E) an other purchase arrangement.