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7 U.S.C. § 198aSwine packer marketing contracts offered to producers

submitted 105 years ago by Pub. L. 106-78 to r/title-7-AGRICULTURE · 414 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Agriculture must track and publish the types of contracts meatpackers offer to swine producers. Packers must report details like contract terms and how many hogs are committed for delivery. Packers who refuse to give accurate information break the law.

(a) In general: If Congress provides the money, the Secretary of Agriculture must build and keep a library or catalog listing every type of contract that meatpackers offer to swine (hog) producers for buying all or part of their hogs. This includes hogs already purchased or promised for future delivery, and it must include every extra payment ("noncarcass merit premium") tied to meat quality. (b) Availability: The Secretary must share this contract information with hog producers and other interested people. This includes telling them, as close to real time as practical, which contract types each individual packer is currently offering and willing to accept. (c) Confidentiality: The reporting rules in (a) and (b) must still follow the confidentiality protections found in section 1636 of this title, which limits what identifying business information can be revealed. (d) Information collection: (1) In general: The Secretary must (A) require each packer to file or otherwise report what types of purchase contracts it offers, and (B) publish that information in a monthly report for hog producers and other interested people. (2) Contracted swine numbers: Each packer must give the Secretary information for the monthly report, and the Secretary must collect and publish: (A) the types of contracts each packer currently has; (B) any contract terms that let the number of hogs delivered grow over the next 6 months and next 12 months; (C) an estimate of the total number of hogs already promised for delivery to all packers over the next 6 and 12 months, broken down by region and contract type; and (D) an estimate of the maximum number of hogs that could possibly be delivered in that time under those growth terms, also broken down by region and contract type. (e) Violations: It is illegal for a packer to willfully refuse to give the Secretary accurate required information, or to willfully refuse to follow any requirement of this section. (f) Authorization of appropriations: Congress may provide whatever money is needed to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(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.

(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.

Source credit: (Aug. 15, 1921, ch. 64, title II, § 222, as added Pub. L. 106–78, title IX, § 934(2), Oct. 22, 1999, 113 Stat. 1208.)

history & why it existsrecord from the source credit
  • 1921Enacted · Pub. L. 106-78 · 113 Stat. 1208

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-78 on 1921-08-15.

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