Federal · Title 7 — Agriculture

7 U.S.C. § 1635i: Definitions

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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; 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 a person that directly or indirectly controls, or is controlled by or under common control with, the packer. 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 . The term “barrow” means a neutered male swine. The term “base market hog” means a barrow or gilt for which no discounts are subtracted from and no premiums are added to the base price. The term “boar” means a sexually-intact male swine. The term “formula price” means a price determined by a mathematical formula under which the price established for a specified market serves as the basis for the formula. The term “gilt” means a young female swine that has not produced a litter. barrows or gilts; sows; or boars or stags. the formula is determined by negotiation on a lot-by-lot basis; and the swine are scheduled for delivery to the packer not later than 14 days after the date on which the formula is negotiated and swine are committed to the packer. The term “noncarcass merit premium” means an increase in the base price of the swine offered by an individual packer 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. 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. The term “other market formula purchase” includes a formula purchase in a case in which the price formula is based on one or more futures or options contracts. is not a negotiated purchase, swine or pork market formula purchase, negotiated formula purchase, or other market formula purchase; and does not involve packer-owned swine. the term includes only a swine processing plant that is federally inspected; a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding five calendar years; and 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 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. The term “packer-owned swine” means swine that a packer (including a subsidiary or affiliate of the packer) owns for at least 14 days immediately before slaughter. owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately before sale for slaughter; and sold for slaughter to another packer. The term “pork” means the meat of a porcine animal. The term “pork product” means a product or byproduct produced or processed in whole or in part from pork. hog class; type of purchase; and packer-owned swine. hog class; type of purchase; and packer-owned swine. The term “sow” means an adult female swine that has produced one or more litters. The term “swine” means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter. 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. a negotiated purchase; other market formula purchase; a swine or pork market formula purchase; a negotiated formula purchase; and other purchase arrangement.

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