In this part:
(1) Affiliate The term affiliate, with respect to a packer, means
(A) 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;
(B) 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
(C) a person that directly or indirectly controls, or is controlled by or under common control with, the packer.
(2) Applicable reporting period 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.
(3) Barrow
The term barrow means a neutered male swine.
(4) Base market hog
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.
(5) Boar
The term boar means a sexually-intact male swine.
(6) Formula price
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.
(7) Gilt
The term gilt means a young female swine that has not produced a litter.
(8) Hog class The term hog class means, as applicable
(A) barrows or gilts;
(B) sows; or
(C) boars or stags.
(9) Noncarcass merit premium
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.
(10) Other market formula purchase
(A) In general
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.
(B) Inclusion
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.
(11) Other purchase arrangement The term other purchase arrangement means a purchase of swine by a packer that
(A) is not a negotiated purchase, swine or pork market formula purchase, or other market formula purchase; and
(B) does not involve packer-owned swine.
(12) Packer The term packer means any person engaged in the business of buying swine in commerce for purposes of slaughter, of manufacturing or preparing meats or meat food products from swine for sale or shipment in commerce, or of marketing meats or meat food products from swine in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, except that
(A) the term includes only a swine processing plant that is federally inspected;
(B) for any calendar year, the term includes only
(i) a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding five calendar years; and
(ii) 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
(C) 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.
(13) Packer-owned swine
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.
(14) Packer-sold swine The term packer-sold swine means the swine that are
(A) owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately before sale for slaughter; and
(B) sold for slaughter to another packer.
(15) Pork
The term pork means the meat of a porcine animal.
(16) Pork product
The term pork product means a product or byproduct produced or processed in whole or in part from pork.
(17) Purchase data The term purchase data means all of the applicable data, including weight (if purchased live), for all swine purchased during the applicable reporting period, regardless of the expected delivery date of the swine, reported by
(A) hog class;
(B) type of purchase; and
(C) packer-owned swine.
(18) Slaughter data The term slaughter data means all of the applicable data for all swine slaughtered by a packer during the applicable reporting period, regardless of when the price of the swine was negotiated or otherwise determined, reported by
(A) hog class;
(B) type of purchase; and
(C) packer-owned swine.
(19) Sow
The term sow means an adult female swine that has produced one or more litters.
(20) Swine
The term swine means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter.
(21) Swine or pork market formula purchase
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.
(22) Type of purchase The term type of purchase, with respect to swine, means
(A) a negotiated purchase;
(B) other market formula purchase;
(C) a swine or pork market formula purchase; and
(D) other purchase arrangement.
