§ 1635i. Definitions
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;
(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.
(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.
(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
(11)
Other purchase arrangement
The term “other purchase arrangement” means a purchase of swine by a packer that—
(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—
(B)
for any calendar year, the term includes only—
(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—
(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—
(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—
(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.