---
kind: "section"
citation: "7 U.S.C. § 1635i"
title: "7"
title_heading: "Agriculture"
number: "1635i"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/1635i"
units:
  - "Chapter 38 — Distribution and Marketing of Agricultural Products"
  - "Subchapter II — Livestock Mandatory Reporting"
  - "Part C — Swine Reporting"
---

# §1635i. Definitions


In this part:

- (1) **Affiliate—** The term “affiliate”, with respect to a [packer](/usc/7/1635d.md?p=5), means—
  - (A) a [person](/usc/7/499a.md?p=b-1) that directly or indirectly owns, controls, or holds with power to vote, 5 percent or more of the outstanding voting [securities](/usc/7/24.md?p=b) of the [packer](/usc/7/1635d.md?p=5);
  - (B) a [person](/usc/7/499a.md?p=b-1) 5 percent or more of whose outstanding voting [securities](/usc/7/24.md?p=b) are directly or indirectly owned, controlled, or held with power to vote, by the [packer](/usc/7/1635d.md?p=5); and
  - (C) a [person](/usc/7/499a.md?p=b-1) that directly or indirectly controls, or is controlled by or under common control with, the [packer](/usc/7/1635d.md?p=5).
- (2) **Applicable reporting period—** The term “applicable reporting period” means the period of time prescribed by the prior day report, the morning report, and the afternoon report, as required under [section 1635j(c) of this title](/usc/7/1635j.md?p=c).
- (3) **Barrow—** The term “barrow” means a neutered male [swine](#21).
- (4) **Base market hog—** The term “base market hog” means a [barrow](#3) or [gilt](#7) for which no discounts are subtracted from and no premiums are added to the base price.
- (5) **Boar—** The term “boar” means a sexually-intact male [swine](#21).
- (6) **Formula price—** The term “formula price” means a price determined by a mathematical formula under which the price established for a specified [market](/usc/7/198.md?p=1) serves as the basis for the formula.
- (7) **Gilt—** The term “gilt” means a young female [swine](#21) that has not produced a litter.
- (8) **Hog class—** The term “hog class” means, as applicable—
  - (A) [barrows](#3) or [gilts](#7);
  - (B) [sows](#20); or
  - (C) [boars](#5) or stags.
- (9) **Negotiated formula purchase—** The term “negotiated formula purchase” means a [swine or pork market formula purchase](#22) under which—
  - (A) the formula is determined by negotiation on a lot-by-lot basis; and
  - (B) the [swine](#21) are scheduled for delivery to the [packer](/usc/7/1635d.md?p=5) not later than 14 days after the date on which the formula is negotiated and [swine](#21) are committed to the [packer](/usc/7/1635d.md?p=5).
- (10) **Noncarcass merit premium—** The term “noncarcass merit premium” means an increase in the base price of the [swine](#21) offered by an individual [packer](/usc/7/1635d.md?p=5) or packing plant, based on any factor other than the characteristics of the carcass, if the actual amount of the premium is known before the sale and delivery of the [swine](#21).
- (11) **Other market formula purchase—**
  - (A) **In general—** The term “other market formula purchase” means a purchase of [swine](#21) by a [packer](/usc/7/1635d.md?p=5) in which the pricing mechanism is a [formula price](#6) based on any [market](/usc/7/198.md?p=1) other than the [market](/usc/7/198.md?p=1) for [swine](#21), [pork](#16), or a [pork product](#17).
  - (B) **Inclusion—** The term “[other market formula purchase](#11-A)” includes a formula purchase in a case in which the price formula is based on one or more futures or options contracts.
- (12) **Other purchase arrangement—** The term “other purchase arrangement” means a purchase of [swine](#21) by a [packer](/usc/7/1635d.md?p=5) that—
  - (A) is not a negotiated purchase, [swine or pork market formula purchase](#22), [negotiated formula purchase](#9), or [other market formula purchase](#11-A); and
  - (B) does not involve [packer-owned swine](#14).
- (13) **Packer—** The term “[packer](/usc/7/1635d.md?p=5)” means any [person](/usc/7/499a.md?p=b-1) engaged in the business of buying [swine](#21) in commerce for purposes of slaughter, of manufacturing or preparing meats or meat food products from [swine](#21) for sale or shipment in commerce, or of marketing meats or meat food products from [swine](#21) in an unmanufactured form acting as a wholesale [broker](/usc/7/499a.md?p=b-7), [dealer](/usc/7/499a.md?p=b-6), or distributor in commerce, except that—
  - (A) the term includes only a [swine](#21) processing plant that is federally inspected;
  - (B) for any calendar year, the term includes only—
    - (i) a [swine](#21) processing plant that slaughtered an average of at least 100,000 [swine](#21) per year during the immediately preceding five calendar years; and
    - (ii) a [person](/usc/7/499a.md?p=b-1) that slaughtered an average of at least 200,000 [sows](#20), [boars](#5), or any combination thereof, per year during the immediately preceding five calendar years; and
  - (C) in the case of a [swine](#21) processing plant or [person](/usc/7/499a.md?p=b-1) that did not slaughter [swine](#21) during the immediately preceding 5 calendar years, the [Secretary](/usc/7/499a.md?p=b-2) shall consider the plant capacity of the processing plant or [person](/usc/7/499a.md?p=b-1) in determining whether the processing plant or [person](/usc/7/499a.md?p=b-1) should be considered a [packer](/usc/7/1635d.md?p=5) under this part.
- (14) **Packer-owned swine—** The term “packer-owned swine” means [swine](#21) that a [packer](/usc/7/1635d.md?p=5) (including a subsidiary or [affiliate](#1) of the [packer](/usc/7/1635d.md?p=5)) owns for at least 14 days immediately before slaughter.
- (15) **Packer-sold swine—** The term “packer-sold swine” means the [swine](#21) that are—
  - (A) owned by a [packer](/usc/7/1635d.md?p=5) (including a subsidiary or [affiliate](#1) of the [packer](/usc/7/1635d.md?p=5)) for more than 14 days immediately before sale for slaughter; and
  - (B) sold for slaughter to another [packer](/usc/7/1635d.md?p=5).
- (16) **Pork—** The term “pork” means the meat of a porcine animal.
- (17) **Pork product—** The term “pork product” means a product or byproduct produced or processed in whole or in part from [pork](#16).
- (18) **Purchase data—** The term “purchase data” means all of the applicable data, including weight (if purchased live), for all [swine](#21) purchased during the [applicable reporting period](#2), regardless of the expected delivery date of the [swine](#21), reported by—
  - (A) [hog class](#8);
  - (B) [type of purchase](/usc/7/1635d.md?p=8); and
  - (C) [packer-owned swine](#14).
- (19) **Slaughter data—** The term “slaughter data” means all of the applicable data for all [swine](#21) slaughtered by a [packer](/usc/7/1635d.md?p=5) during the [applicable reporting period](#2), regardless of when the price of the [swine](#21) was negotiated or otherwise determined, reported by—
  - (A) [hog class](#8);
  - (B) [type of purchase](/usc/7/1635d.md?p=8); and
  - (C) [packer-owned swine](#14).
- (20) **Sow—** The term “sow” means an adult female [swine](#21) that has produced one or more litters.
- (21) **Swine—** The term “swine” means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter.
- (22) **Swine or pork market formula purchase—** The term “swine or pork market formula purchase” means a purchase of [swine](#21) by a [packer](/usc/7/1635d.md?p=5) in which the pricing mechanism is a [formula price](#6) based on a [market](/usc/7/198.md?p=1) for [swine](#21), [pork](#16), or a [pork product](#17), other than a future or option for [swine](#21), [pork](#16), or a [pork product](#17).
- (23) **Type of purchase—** The term “[type of purchase](/usc/7/1635d.md?p=8)”, with respect to [swine](#21), means—
  - (A) a negotiated purchase;
  - (B) [other market formula purchase](#11-A);
  - (C) a [swine or pork market formula purchase](#22);
  - (D) a [negotiated formula purchase](#9); and
  - (E) [other purchase arrangement](#12).

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 231, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1193; amended Pub. L. 109–296, § 2, Oct. 5, 2006, 120 Stat. 1464; Pub. L. 114–54, title I, § 102(a), Sept. 30, 2015, 129 Stat. 513.)

## Notes

### Editorial Notes

### Amendments

2015—Pars. (9) to (12). Pub. L. 114–54, § 102(a)(1), (2), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively. Former par. (12) redesignated (13).

Par. (12)(A). Pub. L. 114–54, § 102(a)(3), inserted “negotiated formula purchase,” after “pork market formula purchase,”.

Pars. (13) to (23). Pub. L. 114–54, § 102(a)(1), redesignated pars. (12) to (22) as (13) to (23), respectively.

Par. (23)(D), (E). Pub. L. 114–54, § 102(a)(4), added subpar. (D) and redesignated former subpar. (D) as (E).

2006—Par. (4). Pub. L. 109–296, § 2(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘base market hog’ means a hog for which no discounts are subtracted from and no premiums are added to the base price.”

Par. (5). Pub. L. 109–296, § 2(b), amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “The term ‘bred female swine’ means any female swine, whether a sow or gilt, that has been mated or inseminated and is assumed, or has been confirmed, to be pregnant.”

Par. (12)(B). Pub. L. 109–296, § 2(c)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “for any calendar year, the term includes only a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding 5 calendar years; and”.

Par. (12)(C). Pub. L. 109–296, § 2(c)(2), inserted “or person” after “swine processing plant”, “plant capacity of the processing plant”, and “determining whether the processing plant”.