§1635d. Definitions — Inbound Citations
7 U.S.C. § 1635d
Cited by 109 provisions in release 119-102.
Citations to §1635d(1)
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(C) The quantity of cattle committed to the packer (quoted in numbers of head) as of that day, categorized by—(i) type of purchase;(ii) the quantity of cattle committed on a live weight basis; and(iii) the quantity of cattle committed on a dressed weight basis.
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(ii) the quantity of cattle committed on a live weight basis; and
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(iii) the quantity of cattle committed on a dressed weight basis.
Citations to §1635d(2)
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(1) The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day (including once not later than 10:00 a.m. Central Time and once not later than 2:00 p.m. Central Time) the following information for each cattle type:(A) The prices for cattle (per hundredweight) established on that day, categorized by—(i) type of purchase;(ii) the quantity of cattle purchased on a live weight basis;(iii) the quantity of cattle purchased on a dressed weight basis;(iv) a range of the estimated live weights of the cattle purchased;(v) an estimate of the percentage of the cattle purchased that were of a quality grade of choice or better; and(vi) any premiums or discounts associated with—(I) weight, grade, or yield; or(II) any type of purchase.(B) The quantity of cattle delivered to the packer (quoted in numbers of head) on that day, categorized by—(i) type of purchase;(ii) the quantity of cattle delivered on a live weight basis; and(iii) the quantity of cattle delivered on a dressed weight basis.(C) The quantity of cattle committed to the packer (quoted in numbers of head) as of that day, categorized by—(i) type of purchase;(ii) the quantity of cattle committed on a live weight basis; and(iii) the quantity of cattle committed on a dressed weight basis.(D) The terms of trade regarding the cattle, as applicable.
Citations to §1635d(3)
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(B) The quantity of cattle delivered under a formula marketing arrangement that were slaughtered.
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(2) The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, on the first reporting day of each week, not later than 9:00 a.m. Central Time, the following information for cattle purchased through a formula marketing arrangement and slaughtered during the prior slaughter week:(A) The quantity (quoted in both numbers of head and hundredweights) of cattle.(B) The weighted average price paid for a carcass, including applicable premiums and discounts.(C) The range of premiums and discounts paid.(D) The weighted average of premiums and discounts paid.(E) The range of prices paid.(F) The aggregate weighted average price paid for a carcass.(G) The terms of trade regarding the cattle, as applicable.
Citations to §1635d(4)
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(A) The quantity of cattle purchased through a forward contract that were slaughtered.
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(D) The quantity, basis level, and delivery month for all cattle purchased through forward contracts that were agreed to by the parties.
Citations to §1635d(5)
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(1) The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day (including once not later than 10:00 a.m. Central Time and once not later than 2:00 p.m. Central Time) the following information for each cattle type:(A) The prices for cattle (per hundredweight) established on that day, categorized by—(i) type of purchase;(ii) the quantity of cattle purchased on a live weight basis;(iii) the quantity of cattle purchased on a dressed weight basis;(iv) a range of the estimated live weights of the cattle purchased;(v) an estimate of the percentage of the cattle purchased that were of a quality grade of choice or better; and(vi) any premiums or discounts associated with—(I) weight, grade, or yield; or(II) any type of purchase.(B) The quantity of cattle delivered to the packer (quoted in numbers of head) on that day, categorized by—(i) type of purchase;(ii) the quantity of cattle delivered on a live weight basis; and(iii) the quantity of cattle delivered on a dressed weight basis.(C) The quantity of cattle committed to the packer (quoted in numbers of head) as of that day, categorized by—(i) type of purchase;(ii) the quantity of cattle committed on a live weight basis; and(iii) the quantity of cattle committed on a dressed weight basis.(D) The terms of trade regarding the cattle, as applicable.
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(B) The quantity of cattle delivered to the packer (quoted in numbers of head) on that day, categorized by—(i) type of purchase;(ii) the quantity of cattle delivered on a live weight basis; and(iii) the quantity of cattle delivered on a dressed weight basis.
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(C) The quantity of cattle committed to the packer (quoted in numbers of head) as of that day, categorized by—(i) type of purchase;(ii) the quantity of cattle committed on a live weight basis; and(iii) the quantity of cattle committed on a dressed weight basis.
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(1) The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, on the first reporting day of each week, not later than 9:00 a.m. Central Time, the following information applicable to the prior slaughter week:(A) The quantity of cattle purchased through a forward contract that were slaughtered.(B) The quantity of cattle delivered under a formula marketing arrangement that were slaughtered.(C) The quantity and carcass characteristics of packer-owned cattle that were slaughtered.(D) The quantity, basis level, and delivery month for all cattle purchased through forward contracts that were agreed to by the parties.(E) The range and average of intended premiums and discounts that are expected to be in effect for the current slaughter week.
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(2) The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, on the first reporting day of each week, not later than 9:00 a.m. Central Time, the following information for cattle purchased through a formula marketing arrangement and slaughtered during the prior slaughter week:(A) The quantity (quoted in both numbers of head and hundredweights) of cattle.(B) The weighted average price paid for a carcass, including applicable premiums and discounts.(C) The range of premiums and discounts paid.(D) The weighted average of premiums and discounts paid.(E) The range of prices paid.(F) The aggregate weighted average price paid for a carcass.(G) The terms of trade regarding the cattle, as applicable.
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(a) The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day (not less than once before, and once after, 12:00 noon Central Time) information on total boxed beef sales, including—(1) the price for each lot of each negotiated boxed beef sale (determined by seller-buyer interaction and agreement), quoted in dollars per hundredweight (on a F.O.B. plant basis);(2) the quantity for each lot of each sale, quoted by number of boxes sold; and(3) information regarding the characteristics of each lot of each sale, including—(A) the grade of beef (USDA Choice or better, USDA Select, or ungraded no-roll product);(B) the cut of beef; and(C) the trim specification.
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(1) The term “affiliate”, with respect to a packer, means—(A) a person that directly or indirectly owns, controls, or holds with power to vote, 5 percent or more of the outstanding voting securities of the packer;(B) a person 5 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the packer; and
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(A) a person that directly or indirectly owns, controls, or holds with power to vote, 5 percent or more of the outstanding voting securities of the packer;
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(B) a person 5 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the packer; and
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(A) The term “other market formula purchase” means a purchase of swine by a packer in which the pricing mechanism is a formula price based on any market other than the market for swine, pork, or a pork product.
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(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.
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(13) The term “packer” means any person engaged in the business of buying swine in commerce for purposes of slaughter, of manufacturing or preparing meats or meat food products from swine for sale or shipment in commerce, or of marketing meats or meat food products from swine in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, except that—(A) the term includes only a swine processing plant that is federally inspected;(B) for any calendar year, the term includes only—(i) a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding five calendar years; and(ii) a person that slaughtered an average of at least 200,000 sows, boars, or any combination thereof, per year during the immediately preceding five calendar years; and(C) in the case of a swine processing plant or person that did not slaughter swine during the immediately preceding 5 calendar years, the Secretary shall consider the plant capacity of the processing plant or person in determining whether the processing plant or person should be considered a packer under this part.
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(C) in the case of a swine processing plant or person that did not slaughter swine during the immediately preceding 5 calendar years, the Secretary shall consider the plant capacity of the processing plant or person in determining whether the processing plant or person should be considered a packer under this part.
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(B) sold for slaughter to another packer.
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(19) The term “slaughter data” means all of the applicable data for all swine slaughtered by a packer during the applicable reporting period, regardless of when the price of the swine was negotiated or otherwise determined, reported by—(A) hog class;(B) type of purchase; and(C) packer-owned swine.
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(22) The term “swine or pork market formula purchase” means a purchase of swine by a packer in which the pricing mechanism is a formula price based on a market for swine, pork, or a pork product, other than a future or option for swine, pork, or a pork product.
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(C) Under subparagraph (B), the Secretary may not require packers to provide any new or additional information that—(i) is not generally available or maintained by packers; or(ii) would be otherwise unduly burdensome to provide.
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(i) is not generally available or maintained by packers; or
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(A) The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary, for each business day of the packer, such information as the Secretary determines necessary and appropriate to—(i) comply with the publication requirements of this section; and
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(B) A packer required to report under subparagraph (A) shall—(i) not later than 7:00 a.m. Central Time on each reporting day, report information regarding all barrows and gilts purchased or priced, and(ii) not later than 9:00 a.m. Central Time on each reporting day, report information regarding all barrows and gilts slaughtered,during the prior business day of the packer.
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(C) The information from the prior business day of a packer required under this paragraph shall include—(i) all purchase data, including—(I) the total number of—(II) the base price and purchase data for slaughtered barrows and gilts for which a price has been established;(ii) all slaughter data for the total number of barrows and gilts slaughtered, including—(I) information concerning the net price, which shall be equal to the total amount paid by a packer to a producer (including all premiums, less all discounts) per hundred pounds of carcass weight of barrows and gilts delivered at the plant—(aa) including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer or the accumulation of a balance to later be repaid by the packer to the producer; and(bb) excluding any sum earlier paid to a producer that must later be repaid to the packer;(II) information concerning the average net price, which shall be equal to the quotient (stated per hundred pounds of carcass weight of barrows and gilts) obtained by dividing—(aa) the total amount paid for the barrows and gilts slaughtered at a packing plant during the applicable reporting period, including all premiums and discounts, and including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer, or the accumulation of a balance to later be repaid by the packer to the producer, less all discounts; by(III) information concerning the lowest net price, which shall be equal to the lowest net price paid for a single lot or a group of barrows or gilts slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of barrows and gilts;(IV) information concerning the highest net price, which shall be equal to the highest net price paid for a single lot or group of barrows or gilts slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of barrows and gilts;(V) the average carcass weight, which shall be equal to the quotient obtained by dividing—(aa) the total carcass weight of the barrows and gilts slaughtered at the packing plant during the applicable reporting period, byadjusted for special slaughter situations (such as skinning or foot removal), as the Secretary determines necessary to render comparable carcass weights;(VI) the average sort loss, which shall be equal to the average discount (in dollars per hundred pounds carcass weight) for barrows and gilts slaughtered during the applicable reporting period, resulting from the fact that the barrows and gilts did not fall within the individual packer’s established carcass weight or lot variation range;(VII) the average backfat, which shall be equal to the average of the backfat thickness (in inches) measured between the third and fourth from the last ribs, 7 centimeters from the carcass split (or adjusted from the individual packer’s measurement to that reference point using an adjustment made by the Secretary) of the barrows and gilts slaughtered during the applicable reporting period;(VIII) the average lean percentage, which shall be equal to the average percentage of the carcass weight comprised of lean meat for the barrows and gilts slaughtered during the applicable reporting period, except that when a packer is required to report the average lean percentage under this subclause, the packer shall make available to the Secretary the underlying data, applicable methodology and formulae, and supporting materials used to determine the average lean percentage, which the Secretary may convert to the carcass measurements or lean percentage of the barrows and gilts of the individual packer to correlate to a common percent lean measurement; and(IX) the total slaughter quantity, which shall be equal to the total number of barrows and gilts slaughtered during the applicable reporting period, including all types of purchases and barrows and gilts that qualify as packer-owned swine; and
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(I) information concerning the net price, which shall be equal to the total amount paid by a packer to a producer (including all premiums, less all discounts) per hundred pounds of carcass weight of barrows and gilts delivered at the plant—(aa) including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer or the accumulation of a balance to later be repaid by the packer to the producer; and(bb) excluding any sum earlier paid to a producer that must later be repaid to the packer;
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(bb) excluding any sum earlier paid to a producer that must later be repaid to the packer;
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(aa) the total amount paid for the barrows and gilts slaughtered at a packing plant during the applicable reporting period, including all premiums and discounts, and including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer, or the accumulation of a balance to later be repaid by the packer to the producer, less all discounts; by
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(VI) the average sort loss, which shall be equal to the average discount (in dollars per hundred pounds carcass weight) for barrows and gilts slaughtered during the applicable reporting period, resulting from the fact that the barrows and gilts did not fall within the individual packer’s established carcass weight or lot variation range;
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(VII) the average backfat, which shall be equal to the average of the backfat thickness (in inches) measured between the third and fourth from the last ribs, 7 centimeters from the carcass split (or adjusted from the individual packer’s measurement to that reference point using an adjustment made by the Secretary) of the barrows and gilts slaughtered during the applicable reporting period;
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(VIII) the average lean percentage, which shall be equal to the average percentage of the carcass weight comprised of lean meat for the barrows and gilts slaughtered during the applicable reporting period, except that when a packer is required to report the average lean percentage under this subclause, the packer shall make available to the Secretary the underlying data, applicable methodology and formulae, and supporting materials used to determine the average lean percentage, which the Secretary may convert to the carcass measurements or lean percentage of the barrows and gilts of the individual packer to correlate to a common percent lean measurement; and
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(i) The Secretary shall publish the information obtained under this paragraph in a prior day report—(I) in the case of information regarding barrows and gilts purchased or priced, not later than 8:00 a.m. Central Time, and(II) in the case of information regarding barrows and gilts slaughtered, not later than 10:00 a.m. Central Time,on the reporting day on which the information is received from the packer.(ii) The information published by the Secretary under clause (i) shall include—(I) a distribution of net prices in the range between and including the lowest net price and the highest net price reported;(II) a delineation of the number of barrows and gilts at each reported price level or, at the option of the Secretary, the number of barrows and gilts within each of a series of reasonable price bands within the range of prices; and(III) the total number and weighted average price of barrows and gilts purchased through negotiated purchases and negotiated formula purchases.
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(A) The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary not later than 10:00 a.m. Central Time each reporting day—(i) the packer’s best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase;(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase;(iii) the base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and(iv) the base price paid for all base market hogs purchased through each type of purchase other than negotiated purchase up to that time of the reporting day, unless such information is unavailable due to pricing that is determined on a delayed basis.
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(i) the packer’s best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase;
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(A) The corporate officers or officially designated representatives of each packer processing plant that processes barrows or gilts shall report to the Secretary not later than 2:00 p.m. Central Time each reporting day—(i) the packer’s best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase;(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase;(iii) the base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and(iv) the base price paid for all base market hogs purchased up to that time of the reporting day through each type of purchase other than negotiated purchase, unless such information is unavailable due to pricing that is determined on a delayed basis.
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(i) the packer’s best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase;
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(1) The corporate officers or officially designated representatives of each packer of sows and boars shall report to the Secretary, for each business day of the packer, such information reported by hog class as the Secretary determines necessary and appropriate to—(A) comply with the publication requirements of this section; and
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(3) The information from the prior business day of a packer required under this subsection shall include all purchase data, including—(A) the total number of sows purchased and the total number of boars purchased, each divided into at least three reasonable and meaningful weight classes specified by the Secretary;(B) the number of sows that qualify as packer-owned swine;(C) the number of boars that qualify as packer-owned swine;(D) the average price paid for all sows;(E) the average price paid for all boars;(F) the average price paid for sows in each weight class specified by the Secretary under subparagraph (A);(G) the average price paid for boars in each weight class specified by the Secretary under subparagraph (A);(H) the number of sows and the number of boars for which prices are determined, by each type of purchase;(I) the average prices for sows and the average prices for boars for which prices are determined, by each type of purchase; and(J) such other information as the Secretary considers appropriate to carry out this subsection.
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(4) A packer shall omit the prices of sows and boars that qualify as packer-owned swine from all average price calculations, price range calculations, and reports required by this subsection.
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(1) Not later than 4:00 p.m. Central Time on the first reporting day of each week, the corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary a noncarcass merit premium report that lists—(A) each category of standard noncarcass merit premiums used by the packer in the prior slaughter week; and(B) the amount (in dollars per hundred pounds of carcass weight) paid to producers by the packer, by category.
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(A) each category of standard noncarcass merit premiums used by the packer in the prior slaughter week; and
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(B) the amount (in dollars per hundred pounds of carcass weight) paid to producers by the packer, by category.
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(2) A packer shall maintain and make available to a producer, on request, a current listing of the dollar values (per hundred pounds of carcass weight) of each noncarcass merit premium used by the packer during the current or the prior slaughter week.
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(3) A packer shall not be required to pay a listed noncarcass merit premium to a producer that meets the requirements for the premium if the need for swine in a given category is filled at a particular point in time.
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(a) 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.
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(1) 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.
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(c) A packer shall report all information required under this subchapter on an individual lot basis.
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(e) 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.
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(2) A packer shall not be required to report actions under paragraph (1) more than once on the immediately following reporting day.
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(1) administer or enforce the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.);
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(4) In determining whether to assess a civil penalty under paragraph (1), the Secretary shall consider whether a packer or other person subject to this subchapter has engaged in a pattern of errors, delays, or omissions in violation of this subchapter.
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(a) Subject to subsection (b), each packer required to report information to the Secretary under this subchapter shall maintain, and make available to the Secretary on request, for 2 years—(1) the original contracts, agreements, receipts and other records associated with any transaction relating to the purchase, sale, pricing, transportation, delivery, weighing, slaughter, or carcass characteristics of all livestock; and(2) such records or other information as is necessary or appropriate to verify the accuracy of the information required to be reported under this subchapter.
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(b) Under subsection (a)(2), the Secretary may not require a packer to provide new or additional information if—(1) the information is not generally available or maintained by packers; or(2) the provision of the information would be unduly burdensome.
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(1) the information is not generally available or maintained by packers; or
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The Secretary shall encourage voluntary reporting by packers (as defined in section 191 of this title) to which the mandatory reporting requirements of this subchapter do not apply.
Citations to §1635d(6)
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(2) Information required under this section for packer-owned cattle shall include quantity and carcass characteristics, but not price.
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(C) The quantity and carcass characteristics of packer-owned cattle that were slaughtered.
Citations to §1635d(7)
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(D) The terms of trade regarding the cattle, as applicable.
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(G) The terms of trade regarding the cattle, as applicable.
Citations to §1635d(8)
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(i) type of purchase;
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(II) any type of purchase.
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(i) type of purchase;
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(i) type of purchase;
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(B) type of purchase; and
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(B) type of purchase; and
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(23) The term “type of purchase”, with respect to swine, means—(A) a negotiated purchase;(D) a negotiated formula purchase; and
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(3) If information regarding the type of purchase is required under this section, the information shall be reported according to the numbers and percentages of each type of purchase comprising—(A) packer-sold swine; and(B) all other swine.
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(i) the packer’s best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase;
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(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase;
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(iv) the base price paid for all base market hogs purchased through each type of purchase other than negotiated purchase up to that time of the reporting day, unless such information is unavailable due to pricing that is determined on a delayed basis.
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(i) the packer’s best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase;
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(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase;
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(iv) the base price paid for all base market hogs purchased up to that time of the reporting day through each type of purchase other than negotiated purchase, unless such information is unavailable due to pricing that is determined on a delayed basis.
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(H) the number of sows and the number of boars for which prices are determined, by each type of purchase;
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(I) the average prices for sows and the average prices for boars for which prices are determined, by each type of purchase; and