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

# §1635j. Mandatory reporting for swine

- (a) **Establishment—** The [Secretary](/usc/7/499a.md?p=b-2) shall establish a program of [swine](/usc/7/1635i.md?p=21) price information reporting that will—
  - (1) provide timely, accurate, and reliable [market](/usc/7/198.md?p=1) information;
  - (2) facilitate more informed marketing decisions; and
  - (3) promote competition in the [swine](/usc/7/1635i.md?p=21) slaughtering industry.
- (b) **General reporting provisions applicable to packers and the Secretary—**
  - (1) **In general—** The [Secretary](/usc/7/499a.md?p=b-2) shall establish and implement a price reporting program in accordance with this section that includes the reporting and publication of information required under this section.
  - (2) **Packer-owned swine—** Information required under this section for [packer-owned swine](/usc/7/1635i.md?p=14) shall include quantity and carcass characteristics, but not price.
  - (3) **Packer-sold swine—** If information regarding the [type of purchase](/usc/7/1635d.md?p=8) is required under this section, the information shall be reported according to the numbers and percentages of each [type of purchase](/usc/7/1635d.md?p=8) comprising—
    - (A) [packer-sold swine](/usc/7/1635i.md?p=15); and
    - (B) all other [swine](/usc/7/1635i.md?p=21).
  - (4) **Additional information—**
    - (A) **Review—** The [Secretary](/usc/7/499a.md?p=b-2) shall review the information required to be reported by [packers](/usc/7/1635d.md?p=5) under this section at least once every 2 years.
    - (B) **Outdated information—** After public notice and an opportunity for comment, subject to [subparagraph (C)](#b-4-C), the [Secretary](/usc/7/499a.md?p=b-2) shall promulgate regulations that specify additional information that shall be reported under this section if the [Secretary](/usc/7/499a.md?p=b-2) determines under the review under [subparagraph (A)](#b-4-A) that—
      - (i) information that is currently required no longer accurately reflects the methods by which [swine](/usc/7/1635i.md?p=21) are valued and priced by [packers](/usc/7/1635d.md?p=5); or
      - (ii) [packers](/usc/7/1635d.md?p=5) that slaughter a significant majority of the [swine](/usc/7/1635i.md?p=21) produced in the United States no longer use backfat or lean percentage factors as indicators of price.
    - (C) **Limitation—** Under [subparagraph (B)](#b-4-B), the [Secretary](/usc/7/499a.md?p=b-2) may not require [packers](/usc/7/1635d.md?p=5) to provide any new or additional information that—
      - (i) is not generally available or maintained by [packers](/usc/7/1635d.md?p=5); or
      - (ii) would be otherwise unduly burdensome to provide.
- (c) **Daily reporting; barrows and gilts—**
  - (1) **Prior day report—**
    - (A) **In general—** The corporate officers or officially designated representatives of each [packer](/usc/7/1635d.md?p=5) processing plant that processes [barrows](/usc/7/1635i.md?p=3) or [gilts](/usc/7/1635i.md?p=7) shall report to the [Secretary](/usc/7/499a.md?p=b-2), for each business day of the [packer](/usc/7/1635d.md?p=5), such information as the [Secretary](/usc/7/499a.md?p=b-2) determines necessary and appropriate to—
      - (i) comply with the publication requirements of this section; and
      - (ii) provide for the timely access to the information by producers, [packers](/usc/7/1635d.md?p=5), and other [market](/usc/7/198.md?p=1) participants.
    - (B) **Reporting deadline and plants required to report—** A [packer](/usc/7/1635d.md?p=5) required to report under [subparagraph (A)](#c-1-A) shall—
      - (i) not later than 7:00 a.m. Central Time on each reporting day, report information regarding all [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) purchased or priced, and
      - (ii) not later than 9:00 a.m. Central Time on each reporting day, report information regarding all [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered,

      during the prior business day of the [packer](/usc/7/1635d.md?p=5).

    - (C) **Information required—** The information from the prior business day of a [packer](/usc/7/1635d.md?p=5) required under this paragraph shall include—
      - (i) all [purchase data](/usc/7/1635i.md?p=18), including—
        - (I) the total number of—
          - (aa) [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) purchased; and
          - (bb) [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) scheduled for delivery; and
        - (II) the base price and [purchase data](/usc/7/1635i.md?p=18) for slaughtered [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) for which a price has been established;
      - (ii) all [slaughter data](/usc/7/1635i.md?p=19) for the total number of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered, including—
        - (I) information concerning the net price, which shall be equal to the total amount paid by a [packer](/usc/7/1635d.md?p=5) to a producer (including all premiums, less all discounts) per hundred pounds of carcass weight of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) 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](/usc/7/1635d.md?p=5) or the accumulation of a balance to later be repaid by the [packer](/usc/7/1635d.md?p=5) to the producer; and
          - (bb) excluding any sum earlier paid to a producer that must later be repaid to the [packer](/usc/7/1635d.md?p=5);
        - (II) information concerning the average net price, which shall be equal to the quotient (stated per hundred pounds of carcass weight of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7)) obtained by dividing—
          - (aa) the total amount paid for the [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered at a packing plant during the [applicable reporting period](/usc/7/1635i.md?p=2), 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](/usc/7/1635d.md?p=5), or the accumulation of a balance to later be repaid by the [packer](/usc/7/1635d.md?p=5) to the producer, less all discounts; by
          - (bb) the total carcass weight (in hundred pound increments) of the [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7);
        - (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](/usc/7/1635i.md?p=3) or [gilts](/usc/7/1635i.md?p=7) slaughtered at a packing plant during the [applicable reporting period](/usc/7/1635i.md?p=2) per hundred pounds of carcass weight of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7);
        - (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](/usc/7/1635i.md?p=3) or [gilts](/usc/7/1635i.md?p=7) slaughtered at a packing plant during the [applicable reporting period](/usc/7/1635i.md?p=2) per hundred pounds of carcass weight of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7);
        - (V) the average carcass weight, which shall be equal to the quotient obtained by dividing—
          - (aa) the total carcass weight of the [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered at the packing plant during the [applicable reporting period](/usc/7/1635i.md?p=2), by
          - (bb) the number of the [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) described in [item (aa)](#c-1-C-ii-V-aa),

        adjusted for special slaughter situations (such as skinning or foot removal), as the [Secretary](/usc/7/499a.md?p=b-2) 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](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered during the [applicable reporting period](/usc/7/1635i.md?p=2), resulting from the fact that the [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) did not fall within the individual [packer](/usc/7/1635d.md?p=5)’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](/usc/7/1635d.md?p=5)’s measurement to that reference point using an adjustment made by the [Secretary](/usc/7/499a.md?p=b-2)) of the [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered during the [applicable reporting period](/usc/7/1635i.md?p=2);
        - (VIII) the average lean percentage, which shall be equal to the average percentage of the carcass weight comprised of lean meat for the [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered during the [applicable reporting period](/usc/7/1635i.md?p=2), except that when a [packer](/usc/7/1635d.md?p=5) is required to report the average lean percentage under this subclause, the [packer](/usc/7/1635d.md?p=5) shall make available to the [Secretary](/usc/7/499a.md?p=b-2) the underlying data, applicable methodology and formulae, and supporting materials used to determine the average lean percentage, which the [Secretary](/usc/7/499a.md?p=b-2) may convert to the carcass measurements or lean percentage of the [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) of the individual [packer](/usc/7/1635d.md?p=5) to correlate to a common percent lean measurement; and
        - (IX) the total slaughter quantity, which shall be equal to the total number of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered during the [applicable reporting period](/usc/7/1635i.md?p=2), including all types of purchases and [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) that qualify as [packer-owned swine](/usc/7/1635i.md?p=14); and
      - (iii) [packer](/usc/7/1635d.md?p=5) purchase commitments, which shall be equal to the number of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) scheduled for delivery to a [packer](/usc/7/1635d.md?p=5) for slaughter for each of the next 14 calendar days.
    - (D) **Publication—**
      - (i) **In general—** The [Secretary](/usc/7/499a.md?p=b-2) shall publish the information obtained under this paragraph in a prior day report—
        - (I) in the case of information regarding [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) purchased or priced, not later than 8:00 a.m. Central Time, and
        - (II) in the case of information regarding [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) slaughtered, not later than 10:00 a.m. Central Time,

      on the reporting day on which the information is received from the [packer](/usc/7/1635d.md?p=5).

      - (ii) **Price distributions—** The information published by the [Secretary](/usc/7/499a.md?p=b-2) under [clause (i)](#c-1-D-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](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) at each reported price level or, at the option of the [Secretary](/usc/7/499a.md?p=b-2), the number of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) 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](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) purchased through negotiated purchases and [negotiated formula purchases](/usc/7/1635i.md?p=9).
  - (2) **Morning report—**
    - (A) **In general—** The corporate officers or officially designated representatives of each [packer](/usc/7/1635d.md?p=5) processing plant that processes [barrows](/usc/7/1635i.md?p=3) or [gilts](/usc/7/1635i.md?p=7) shall report to the [Secretary](/usc/7/499a.md?p=b-2) not later than 10:00 a.m. Central Time each reporting day—
      - (i) the [packer](/usc/7/1635d.md?p=5)’s best estimate of the total number of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7), and [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) that qualify as [packer-owned swine](/usc/7/1635i.md?p=14), expected to be purchased throughout the reporting day through each [type of purchase](/usc/7/1635d.md?p=8);
      - (ii) the total number of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7), and [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) that qualify as [packer-owned swine](/usc/7/1635i.md?p=14), purchased up to that time of the reporting day through each [type of purchase](/usc/7/1635d.md?p=8);
      - (iii) the base price paid for all [base market hogs](/usc/7/1635i.md?p=4) purchased up to that time of the reporting day through negotiated purchases; and
      - (iv) the base price paid for all [base market hogs](/usc/7/1635i.md?p=4) purchased through each [type of purchase](/usc/7/1635d.md?p=8) 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.
    - (B) **Publication—** The [Secretary](/usc/7/499a.md?p=b-2) shall publish the information obtained under this paragraph in the morning report as soon as practicable, but not later than 11:00 a.m. Central Time, on each reporting day.
  - (3) **Afternoon report—**
    - (A) **In general—** The corporate officers or officially designated representatives of each [packer](/usc/7/1635d.md?p=5) processing plant that processes [barrows](/usc/7/1635i.md?p=3) or [gilts](/usc/7/1635i.md?p=7) shall report to the [Secretary](/usc/7/499a.md?p=b-2) not later than 2:00 p.m. Central Time each reporting day—
      - (i) the [packer](/usc/7/1635d.md?p=5)’s best estimate of the total number of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7), and [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) that qualify as [packer-owned swine](/usc/7/1635i.md?p=14), expected to be purchased throughout the reporting day through each [type of purchase](/usc/7/1635d.md?p=8);
      - (ii) the total number of [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7), and [barrows](/usc/7/1635i.md?p=3) and [gilts](/usc/7/1635i.md?p=7) that qualify as [packer-owned swine](/usc/7/1635i.md?p=14), purchased up to that time of the reporting day through each [type of purchase](/usc/7/1635d.md?p=8);
      - (iii) the base price paid for all [base market hogs](/usc/7/1635i.md?p=4) purchased up to that time of the reporting day through negotiated purchases; and
      - (iv) the base price paid for all [base market hogs](/usc/7/1635i.md?p=4) purchased up to that time of the reporting day through each [type of purchase](/usc/7/1635d.md?p=8) other than negotiated purchase, unless such information is unavailable due to pricing that is determined on a delayed basis.
    - (B) **Publication—** The [Secretary](/usc/7/499a.md?p=b-2) shall publish the information obtained under this paragraph in the afternoon report as soon as practicable, but not later than 3:00 p.m. Central Time, on each reporting day.
    - (C) **Late in the day report information—** The [Secretary](/usc/7/499a.md?p=b-2) shall include in the morning report and the afternoon report for the following day any information required to be reported under [subparagraph (A)](#c-3-A) that is obtained after the time of the reporting day specified in that subparagraph.
- (d) **Daily reporting; sows and boars—**
  - (1) **Prior day report—** The corporate officers or officially designated representatives of each [packer](/usc/7/1635d.md?p=5) of [sows](/usc/7/1635i.md?p=20) and [boars](/usc/7/1635i.md?p=5) shall report to the [Secretary](/usc/7/499a.md?p=b-2), for each business day of the [packer](/usc/7/1635d.md?p=5), such information reported by [hog class](/usc/7/1635i.md?p=8) as the [Secretary](/usc/7/499a.md?p=b-2) determines necessary and appropriate to—
    - (A) comply with the publication requirements of this section; and
    - (B) provide for the timely access to the information by producers, [packers](/usc/7/1635d.md?p=5), and other [market](/usc/7/198.md?p=1) participants.
  - (2) **Reporting—** Not later than 9:30 a.m. Central Time, or such other time as the [Secretary](/usc/7/499a.md?p=b-2) considers appropriate, on each reporting day, a [packer](/usc/7/1635d.md?p=5) required to report under [paragraph (1)](#d-1) shall report information regarding all [sows](/usc/7/1635i.md?p=20) and [boars](/usc/7/1635i.md?p=5) purchased or priced during the prior business day of the [packer](/usc/7/1635d.md?p=5).
  - (3) **Information required—** The information from the prior business day of a [packer](/usc/7/1635d.md?p=5) required under this subsection shall include all [purchase data](/usc/7/1635i.md?p=18), including—
    - (A) the total number of [sows](/usc/7/1635i.md?p=20) purchased and the total number of [boars](/usc/7/1635i.md?p=5) purchased, each divided into at least three reasonable and meaningful weight classes specified by the [Secretary](/usc/7/499a.md?p=b-2);
    - (B) the number of [sows](/usc/7/1635i.md?p=20) that qualify as [packer-owned swine](/usc/7/1635i.md?p=14);
    - (C) the number of [boars](/usc/7/1635i.md?p=5) that qualify as [packer-owned swine](/usc/7/1635i.md?p=14);
    - (D) the average price paid for all [sows](/usc/7/1635i.md?p=20);
    - (E) the average price paid for all [boars](/usc/7/1635i.md?p=5);
    - (F) the average price paid for [sows](/usc/7/1635i.md?p=20) in each weight class specified by the [Secretary](/usc/7/499a.md?p=b-2) under [subparagraph (A)](#d-3-A);
    - (G) the average price paid for [boars](/usc/7/1635i.md?p=5) in each weight class specified by the [Secretary](/usc/7/499a.md?p=b-2) under [subparagraph (A)](#d-3-A);
    - (H) the number of [sows](/usc/7/1635i.md?p=20) and the number of [boars](/usc/7/1635i.md?p=5) for which prices are determined, by each [type of purchase](/usc/7/1635d.md?p=8);
    - (I) the average prices for [sows](/usc/7/1635i.md?p=20) and the average prices for [boars](/usc/7/1635i.md?p=5) for which prices are determined, by each [type of purchase](/usc/7/1635d.md?p=8); and
    - (J) such other information as the [Secretary](/usc/7/499a.md?p=b-2) considers appropriate to carry out this subsection.
  - (4) **Price calculations without packer-owned swine—** A [packer](/usc/7/1635d.md?p=5) shall omit the prices of [sows](/usc/7/1635i.md?p=20) and [boars](/usc/7/1635i.md?p=5) that qualify as [packer-owned swine](/usc/7/1635i.md?p=14) from all average price calculations, price range calculations, and reports required by this subsection.
  - (5) **Reporting exception: public auction purchases—** The information required to be reported under this subsection shall not include purchases of [sows](/usc/7/1635i.md?p=20) or [boars](/usc/7/1635i.md?p=5) made by agents of the reporting [packer](/usc/7/1635d.md?p=5) at a public auction at which the title of the [sows](/usc/7/1635i.md?p=20) and [boars](/usc/7/1635i.md?p=5) is transferred directly from the producer to such [packer](/usc/7/1635d.md?p=5).
  - (6) **Publication—** The [Secretary](/usc/7/499a.md?p=b-2) shall publish the information obtained under this paragraph in a prior day report not later than 11:00 a.m. Central Time on the reporting day on which the information is received from the [packer](/usc/7/1635d.md?p=5).
  - (7) **Electronic submission of information—** The [Secretary](/usc/7/499a.md?p=b-2) of Agriculture shall provide for the electronic submission of any information required to be reported under this subsection through an Internet website or equivalent electronic means maintained by the Department of Agriculture.
- (e) **Weekly noncarcass merit premium report—**
  - (1) **In general—** 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](/usc/7/1635d.md?p=5) processing plant shall report to the [Secretary](/usc/7/499a.md?p=b-2) a [noncarcass merit premium](/usc/7/1635i.md?p=10) report that lists—
    - (A) each category of standard [noncarcass merit premiums](/usc/7/1635i.md?p=10) used by the [packer](/usc/7/1635d.md?p=5) in the prior slaughter week; and
    - (B) the amount (in dollars per hundred pounds of carcass weight) paid to producers by the [packer](/usc/7/1635d.md?p=5), by category.
  - (2) **Premium list—** A [packer](/usc/7/1635d.md?p=5) 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](/usc/7/1635i.md?p=10) used by the [packer](/usc/7/1635d.md?p=5) during the current or the prior slaughter week.
  - (3) **Availability—** A [packer](/usc/7/1635d.md?p=5) shall not be required to pay a listed [noncarcass merit premium](/usc/7/1635i.md?p=10) to a producer that meets the requirements for the premium if the need for [swine](/usc/7/1635i.md?p=21) in a given category is filled at a particular point in time.
  - (4) **Publication—** The [Secretary](/usc/7/499a.md?p=b-2) shall publish the information obtained under this subsection as soon as practicable, but not later than 5:00 p.m. Central Time, on the first reporting day of each week.

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 232, as added Pub. L. 106–78, title IX, § 911(2), Oct. 22, 1999, 113 Stat. 1195; amended Pub. L. 109–296, §§ 3, 4, Oct. 5, 2006, 120 Stat. 1465, 1468; Pub. L. 114–54, title I, § 102(b), Sept. 30, 2015, 129 Stat. 514.)

## Notes

### Editorial Notes

### Amendments

2015—Subsec. (c)(1)(D)(ii). Pub. L. 114–54, § 102(b)(1), added cl. (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: “The information published by the Secretary under clause (i) shall include a distribution of net prices in the range between and including the lowest net price and the highest net price reported. The publication shall include 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.”

Subsec. (c)(3)(C). Pub. L. 114–54, § 102(b)(2), added subpar. (C).

2006—Subsec. (c). Pub. L. 109–296, § 3, amended heading and text of subsec. (c) generally. Prior to amendment, text related to daily reporting.

Subsecs. (d), (e). Pub. L. 109–296, § 4, added subsec. (d) and redesignated former subsec. (d) as (e).