§198a — Title 7 Agriculture | U.S. Code

Summary

The Secretary must make and keep a public list of every kind of contract that meat packers offer to swine producers to buy their pigs. The list must include any extra pay tied to pig quality. The Secretary must share this information with producers and others, and give notice of contracts each packer is currently offering (in real time if possible). The information is protected under the confidentiality rules in section 1636. Each packer must file details with the Secretary. The Secretary must publish a monthly report showing contract types, any contract terms that allow more pigs to be added for the next 6 and 12 months, estimates of pigs already committed for delivery in those periods by region and contract type, and estimates of the maximum pigs that could be delivered under those expansion terms. It is illegal for a packer to willfully refuse to provide accurate required information. Money is authorized as needed to run this program.

Title 7, §198a

Agriculture — Source: USLM XML via OLRC

(a)Subject to the availability of appropriations to carry out this section, the Secretary shall establish and maintain a library or catalog of each type of contract offered by packers to swine producers for the purchase of all or part of the producers’ production of swine (including swine that are purchased or committed for delivery), including all available noncarcass merit premiums.

(b)The Secretary shall make available to swine producers and other interested persons information on the types of contracts described in subsection (a), including notice (on a real-time basis if practicable) of the types of contracts that are being offered by each individual packer to, and are open to acceptance by, producers for the purchase of swine.

(c)The reporting requirements under subsections (a) and (b) shall be subject to the confidentiality protections provided under section 1636 of this title.

(d)(1)The Secretary shall—

(A)obtain (by a filing or other procedure required of each individual packer) information indicating what types of contracts for the purchase of swine are available from each packer; and

(B)make the information available in a monthly report to swine producers and other interested persons.

(2)Each packer shall provide, and the Secretary shall collect and publish in the monthly report required under paragraph (1)(B), information specifying—

(A)the types of existing contracts for each packer;

(B)the provisions contained in each contract that provide for expansion in the numbers of swine to be delivered under the contract for the following 6-month and 12-month periods;

(C)an estimate of the total number of swine committed by contract for delivery to all packers within the 6-month and 12-month periods following the date of the report, reported by reporting region and by type of contract; and

(D)an estimate of the maximum total number of swine that potentially could be delivered within the 6-month and 12-month periods following the date of the report under the provisions described in subparagraph (B) that are included in existing contracts, reported by reporting region and by type of contract.

(e)It shall be unlawful and a violation of this subchapter for any packer to willfully fail or refuse to provide to the Secretary accurate information required under, or to willfully fail or refuse to comply with any requirement of, this section.

(f)There are authorized to be appropriated such sums as necessary to carry out this section.

Notes & Related Subsidiaries

Termination of SectionFor termination of section by section 942 of Pub. L. 106–78, see Livestock Mandatory Reporting note set out under section 1635 of this title.

Statutory Notes and Related Subsidiaries

Termination Date Section to terminate Mar. 14, 2025, see section 942 of Pub. L. 106–78, set out in a Livestock Mandatory Reporting note under section 1635 of this title.

§198a Swine packer marketing contracts offered to producers

Summary

Title 7, §198a

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata