Title 7, AgricultureRelease 119-110
§1636 General Provisions
Title 7 › CHAPTER 38 — DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS › SUBCHAPTER II — LIVESTOCK MANDATORY REPORTING › Part E — Administration › § 1636
Summary
Require the Secretary to publish market information gathered from packers and others while protecting who sent it and any business secrets. Packers must report required facts for each individual lot. The Secretary must show data at the national and regional or statewide level as needed, hide the identity of reporters, and follow rules for combining data so no one is identified. Before publishing, the Secretary can adjust reports for odd price spikes or unusual events that would unfairly change the results. The Secretary must check that submitted information is accurate. Federal employees may not reveal reported business facts without the packer’s OK, except when sharing with USDA staff doing their jobs, when the Secretary or Attorney General orders disclosure for enforcement, or when a court orders it. Also, information gathered under this law cannot be released under section 552 of title 5 (the Freedom of Information Act). The Secretary must use electronic reporting and build an easy-to-understand online system with charts, comparisons to past periods, timely updates, and education for users. Livestock handled on weekends or holidays must be reported on the next reporting day, and packers do not have to report those items more than once. The Secretary’s other authorities, including enforcing the Packers and Stockyards Act (1921), collecting voluntary reports, and accessing documentary evidence under sections 49 and 50 of title 15, are not limited.
Full Legal Text
Title 7, §1636
Agriculture, Source: USLM XML via OLRC
(a)Confidentiality
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)Disclosure by Federal Government employees
(1)In general
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)Exceptions
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)Disclosure under Freedom of Information Act
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)Reporting by packers
A packer shall report all information required under this subchapter on an individual lot basis.
(d)Regional reporting and aggregation
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)Adjustments
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)Verification
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)Electronic reporting and publishing
(1)In general
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)Improvements and education
(A)Enhanced electronic publishing
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)Education
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)Reporting of activities on weekends and holidays
(1)In general
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)Limitation on reporting by packers
A packer shall not be required to report actions under paragraph (1) more than once on the immediately following reporting day.
(i)Effect on other laws
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 7, Agriculture
Last Updated
Sep 22, 2026
Release point: 119-110