Title 7AgricultureRelease 119-73

§1636 General provisions

Title 7 › Chapter CHAPTER 38— - DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS › Subchapter SUBCHAPTER II— - LIVESTOCK MANDATORY REPORTING › Part Part E— - Administration › § 1636

Last updated Apr 6, 2026|Official source

Summary

The Secretary must make market information and documents from packers, retailers, and others available to the public while keeping people’s identities and business secrets confidential. Federal workers may not reveal business facts learned under this law without the packer’s consent, except when needed by USDA staff doing their jobs, when the Secretary or Attorney General orders disclosure for enforcement, or when a court requires it. Information gathered under this law is not subject to public release under section 552 of title 5 (FOIA). Packer reports must be for each individual lot. The Secretary will publish data nationally and by region or state as needed, without naming reporters and following aggregation rules. The Secretary may adjust reported prices to remove odd or one-time distortions and must check the accuracy of reports under parts B, C, and D. Reporting and publishing should use electronic systems when practical. The Secretary must build an easy-to-use online system (with charts, comparisons, and timely updates) and run a training program. Livestock handled on weekends or holidays must be reported on the next reporting day, and only once. Nothing here limits the Secretary’s authority under the Packers and Stockyards Act of 1921, the Livestock Mandatory Reporting Act of 1999, or access to evidence under sections 49 and 50 of title 15.

Full Legal Text

Title 7, §1636

Agriculture — Source: USLM XML via OLRC

(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.
(b)(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.
(2)Information obtained by the Secretary under this subchapter may be disclosed—
(A)to agents or employees of the Department of Agriculture in the course of their official duties under this subchapter;
(B)as directed by the Secretary or the Attorney General, for enforcement purposes; or
(C)by a court of competent jurisdiction.
(3)Notwithstanding any other provision of law, no facts or information obtained under this subchapter shall be disclosed in accordance with section 552 of title 5.
(c)A packer shall report all information required under this subchapter on an individual lot basis.
(d)The Secretary shall make information obtained under this subchapter available to the public only in a manner that—
(1)ensures that the information is published on a national and a regional or statewide basis as the Secretary determines to be appropriate;
(2)ensures that the identity of a reporting person is not disclosed; and
(3)conforms to aggregation guidelines established by the Secretary.
(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.
(f)The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported under part B, C, or D of this subchapter.
(g)(1)The Secretary shall, to the maximum extent practicable, provide for the reporting and publishing of the information required under this subchapter by electronic means.
(2)(A)The Secretary shall develop and implement an enhanced system of electronic publishing to disseminate information collected pursuant to this subchapter. Such system shall—
(i)present information in a format that can be readily understood by producers, packers, and other market participants;
(ii)adhere to the publication deadlines in this subchapter;
(iii)present information in charts and graphs, as appropriate;
(iv)present comparative information for prior reporting periods, as the Secretary considers appropriate; and
(v)be updated as soon as practicable after information is reported to the Secretary.
(B)The Secretary shall carry out a market news education program to educate the public and persons in the livestock and meat industries about—
(i)usage of the system developed under subparagraph (A); and
(ii)interpreting and understanding information collected and disseminated through such system.
(h)(1)Livestock committed to a packer, or purchased, sold, or slaughtered by a packer, on a weekend day or holiday shall be reported by the packer to the Secretary (to the extent required under this subchapter), and reported by the Secretary, on the immediately following reporting day.
(2)A packer shall not be required to report actions under paragraph (1) more than once on the immediately following reporting day.
(i)Nothing in this subchapter, the Livestock Mandatory Reporting Act of 1999, or amendments made by that Act restricts or modifies the authority of the Secretary to—
(1)administer or enforce the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.);
(2)administer, enforce, or collect voluntary reports under this chapter or any other law; or
(3)access documentary evidence as provided under section 49 and 50 of title 15.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Livestock Mandatory Reporting Act of 1999, referred to in subsec. (i), is title IX of Pub. L. 106–78, Oct. 22, 1999, 113 Stat. 1188, which is set out as a note under section 1635 of this title. The Packers and Stockyards Act, 1921, referred to in subsec. (i)(1), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, which is classified generally to chapter 9 (§ 181 et seq.) of this title. For complete classification of this Act to the Code, see section 181 of this title and Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Subsec. (g). Pub. L. 110–246, § 11001(a)(1), amended subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary shall, to the maximum extent practicable, provide for the reporting and publishing of the information required under this subchapter by electronic means.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title. Implementation of Enhanced Electronic Publishing Pub. L. 110–234, title XI, § 11001(a)(2),
May 22, 2008, 122 Stat. 1351, and Pub. L. 110–246, § 4(a), title XI, § 11001(a)(2),
June 18, 2008, 122 Stat. 1664, 2112, provided that: “(A) Enhanced reporting.—The Secretary of Agriculture shall develop and implement the system required under paragraph (2)(A) of section 251(g) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636(g)), as amended by paragraph (1), not later than one year after the date on which the Secretary determines sufficient funds have been appropriated pursuant to subsection (c) [122 Stat. 2113]. “(B) Current system.—Notwithstanding the amendment made by paragraph (1), the Secretary shall continue to use the information format for disseminating information under subtitle B [7 U.S.C. 1635 et seq.] of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) in effect on the date of the enactment of this Act [
June 18, 2008] at least until the date that is two years after the date on which the Secretary makes the determination referred to in subparagraph (A).” [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Reference

Citations & Metadata

Citation

7 U.S.C. § 1636

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73