Part B—Cattle Reporting
§1635d. Definitions
In this part:
(1) Cattle committed
The term "cattle committed" means cattle that are scheduled to be delivered to a packer within the 7-day period beginning on the date of an agreement to sell the cattle.
(2) Cattle type
The term "cattle type" means the following types of cattle purchased for slaughter:
(A) Fed steers.
(B) Fed heifers.
(C) Fed Holsteins and other fed dairy steers and heifers.
(D) Cows.
(E) Bulls.
(3) Formula marketing arrangement
The term "formula marketing arrangement" means the advance commitment of cattle for slaughter by any means other than through a negotiated purchase or a forward contract, using a method for calculating price in which the price is determined at a future date.
(4) Forward contract
The term "forward contract" means—
(A) an agreement for the purchase of cattle, executed in advance of slaughter, under which the base price is established by reference to—
(i) prices quoted on the Chicago Mercantile Exchange; or
(ii) other comparable publicly available prices; or
(B) such other forward contract as the Secretary determines to be applicable.
(5) Packer
The term "packer" means any person engaged in the business of buying cattle in commerce for purposes of slaughter, of manufacturing or preparing meats or meat food products from cattle for sale or shipment in commerce, or of marketing meats or meat food products from cattle in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, except that—
(A) the term includes only a cattle processing plant that is federally inspected;
(B) for any calendar year, the term includes only a cattle processing plant that slaughtered an average of at least 125,000 head of cattle per year during the immediately preceding 5 calendar years; and
(C) in the case of a cattle processing plant that did not slaughter cattle during the immediately preceding 5 calendar years, the Secretary shall consider the plant capacity of the processing plant in determining whether the processing plant should be considered a packer under this part.
(6) Packer-owned cattle
The term "packer-owned cattle" means cattle that a packer owns for at least 14 days immediately before slaughter.
(7) Terms of trade
The term "terms of trade" includes, with respect to the purchase of cattle for slaughter—
(A) whether a packer provided any financing agreement or arrangement with regard to the cattle;
(B) whether the delivery terms specified the location of the producer or the location of the packer's plant;
(C) whether the producer is able to unilaterally specify the date and time during the business day of the packer that the cattle are to be delivered for slaughter; and
(D) the percentage of cattle purchased by a packer as a negotiated purchase that are delivered to the plant for slaughter more than 7 days, but fewer than 14 days, after the earlier of—
(i) the date on which the cattle were committed to the packer; or
(ii) the date on which the cattle were purchased by the packer.
(8) Type of purchase
The term "type of purchase", with respect to cattle, means—
(A) a negotiated purchase;
(B) a formula market arrangement; and
(C) a forward contract.
(Aug. 14, 1946, ch. 966, title II, §221, as added
§1635e. Mandatory reporting for live cattle
(a) Establishment
The Secretary shall establish a program of live cattle price information reporting that will—
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the cattle slaughtering industry.
(b) General reporting provisions applicable to packers and the Secretary
(1) In general
Whenever the prices or quantities of cattle are required to be reported or published under this section, the prices or quantities shall be categorized so as to clearly delineate—
(A) the prices or quantities, as applicable, of the cattle purchased in the domestic market; and
(B) the prices or quantities, as applicable, of imported cattle.
(2) Packer-owned cattle
Information required under this section for packer-owned cattle shall include quantity and carcass characteristics, but not price.
(c) Daily reporting
(1) In general
The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day (including once not later than 10:00 a.m. Central Time and once not later than 2:00 p.m. Central Time) the following information for each cattle type:
(A) The prices for cattle (per hundredweight) established on that day, categorized by—
(i) type of purchase;
(ii) the quantity of cattle purchased on a live weight basis;
(iii) the quantity of cattle purchased on a dressed weight basis;
(iv) a range of the estimated live weights of the cattle purchased;
(v) an estimate of the percentage of the cattle purchased that were of a quality grade of choice or better; and
(vi) any premiums or discounts associated with—
(I) weight, grade, or yield; or
(II) any type of purchase.
(B) The quantity of cattle delivered to the packer (quoted in numbers of head) on that day, categorized by—
(i) type of purchase;
(ii) the quantity of cattle delivered on a live weight basis; and
(iii) the quantity of cattle delivered on a dressed weight basis.
(C) The quantity of cattle committed to the packer (quoted in numbers of head) as of that day, categorized by—
(i) type of purchase;
(ii) the quantity of cattle committed on a live weight basis; and
(iii) the quantity of cattle committed on a dressed weight basis.
(D) The terms of trade regarding the cattle, as applicable.
(2) Publication
The Secretary shall make the information available to the public not less frequently than three times each reporting day.
(d) Weekly reporting
(1) In general
The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, on the first reporting day of each week, not later than 9:00 a.m. Central Time, the following information applicable to the prior slaughter week:
(A) The quantity of cattle purchased through a forward contract that were slaughtered.
(B) The quantity of cattle delivered under a formula marketing arrangement that were slaughtered.
(C) The quantity and carcass characteristics of packer-owned cattle that were slaughtered.
(D) The quantity, basis level, and delivery month for all cattle purchased through forward contracts that were agreed to by the parties.
(E) The range and average of intended premiums and discounts that are expected to be in effect for the current slaughter week.
(2) Formula purchases
The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, on the first reporting day of each week, not later than 9:00 a.m. Central Time, the following information for cattle purchased through a formula marketing arrangement and slaughtered during the prior slaughter week:
(A) The quantity (quoted in both numbers of head and hundredweights) of cattle.
(B) The weighted average price paid for a carcass, including applicable premiums and discounts.
(C) The range of premiums and discounts paid.
(D) The weighted average of premiums and discounts paid.
(E) The range of prices paid.
(F) The aggregate weighted average price paid for a carcass.
(G) The terms of trade regarding the cattle, as applicable.
(3) Publication
The Secretary shall make available to the public the information obtained under paragraphs (1) and (2) on the first reporting day of the current slaughter week, not later than 10:00 a.m. Central Time.
(e) Regional reporting of cattle types
(1) In general
The Secretary shall determine whether adequate data can be obtained on a regional basis for fed Holsteins and other fed dairy steers and heifers, cows, and bulls based on the number of packers required to report under this section.
(2) Report
Not later than 2 years after October 22, 1999, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the determination of the Secretary under paragraph (1).
(Aug. 14, 1946, ch. 966, title II, §222, as added
§1635f. Mandatory packer reporting of boxed beef sales
(a) Daily reporting
The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day (not less than once before, and once after, 12:00 noon Central Time) information on total boxed beef sales, including—
(1) the price for each lot of each negotiated boxed beef sale (determined by seller-buyer interaction and agreement), quoted in dollars per hundredweight (on a F.O.B. plant basis);
(2) the quantity for each lot of each sale, quoted by number of boxes sold; and
(3) information regarding the characteristics of each lot of each sale, including—
(A) the grade of beef (USDA Choice or better, USDA Select, or ungraded no-roll product);
(B) the cut of beef; and
(C) the trim specification.
(b) Publication
The Secretary shall make available to the public the information required to be reported under subsection (a) not less frequently than twice each reporting day.
(Aug. 14, 1946, ch. 966, title II, §223, as added