7 U.S.C. § 198a: Swine packer marketing…

Summary

The Secretary must create and keep a catalog of each kind of contract that packers offer to swine producers to buy all or part of their swine, including any extra payments not tied to carcass value. The Secretary must make this information available to producers and others, and, when possible, show in real time which contracts each packer is offering and open for acceptance. Packers must file required details with the Secretary, who will publish a monthly report. Reports must list contract types, any contract terms that allow expanding deliveries in the next 6-month and 12-month periods, estimates of swine committed by contract for those periods by region and contract type, and estimates of the maximum swine that could be delivered under those expansion terms for the same periods and breakdowns. Reports are protected under section 1636. It is illegal for a packer to intentionally refuse or give false information. Funds are authorized as needed to run this.

Title 7, §198a

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(a)In general

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)Availability

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)Confidentiality

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

(d)Information collection

(1)In general

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)Contracted swine numbers

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)Violations

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)Authorization of appropriations

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

Notes & Related Subsidiaries

Termination of SectionFor termination of authority provided by this 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 DateAuthority provided by this section to terminate Sept. 30, 2026, 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