Title 9
SECTION 206.2
206.2 Swine contract library.
§ 206.2 Swine contract library.(a) Do I need to provide swine contract information? Each packer, as defined in § 206.1, must provide information for each swine processing plant that it operates or at which it has swine slaughtered that has the slaughtering capacity, alone or in combination with other plants, specified in the definition of packer in § 206.1.
(b) What existing or available contracts do I need to provide and when are they due? Each packer must send, to the Packers and Stockyards Division (PSD), an example of each contract it currently has with a producer or producers or that is currently available at each plant that it operates or at which it has swine slaughtered that meets the definition of packer in § 206.1. This initial submission of example contracts is due to PSD on the first business day of the month following the determination that the plant has the slaughtering capacity, alone or in combination with other plants, specified in the definition of packer in § 206.1.
(c) What available contracts do I need to provide and when are they due? After the initial submission, each packer must send PSD an example of each new contract it makes available to a producer or producers within 1 business day of the contract being made available at each plant that it operates or at which it has swine slaughtered that meets the definition of packer in § 206.1.
(d) What criteria do I use to select example contracts? For purposes of distinguishing among contracts to determine which contracts may be represented by a single example, contracts will be considered to be the same if they are identical with respect to all of the following four example-contract criteria:
(1) Base price or determination of base price;
(2) Application of a ledger or accrual account (including the terms and conditions of the ledger or accrual account provision);
(3) Carcass merit premium and discount schedules (including the determination of the lean percent or other merits of the carcass that are used to determine the amount of the premiums and discounts and how those premiums and discounts are applied); and
(4) Use and amount of noncarcass merit premiums and discounts.
(e) Where and how do I send my contracts? Each packer may submit the example contracts, notifications required by this section, and Form P&SP 342, Contract Submission Cover Sheet, by either of the following two methods:
(1) Electronic report. Example contracts and notifications required by this section may be submitted by electronic means. Electronic submission may be by any form of electronic transmission that has been determined to be acceptable to the Administrator. To obtain current options for acceptable methods to submit example contracts electronically, contact PSD through the Internet on the AMS website (https://www.ams.usda.gov) or at USDA, AMS, Suite 317, 210 Walnut Street, Des Moines, Iowa 50309.
(2) Printed report. Each packer that chooses to submit printed example contracts and notifications must deliver the printed contracts and notifications to USDA, AMS, Suite 317, 210 Walnut Street, Des Moines, Iowa 50309.
(f) What information from the swine contract library will be made available to the public? PSD will summarize the information it has received on contract terms, including, but not limited to, base price determination and the schedules of premiums or discounts. PSD will make the information available by region and contract type, as defined in § 206.1, for public release 1 month after the initial submission of contracts. Geographic regions will be defined in such a manner to provide as much information as possible while maintaining confidentiality in accordance with section 251 of the Agricultural Marketing Act (7 U.S.C. 1636).
(g) How can I review information from the swine contract library? The information will be available on the Internet on the AMS website (https://www.ams.usda.gov) and at USDA, AMS, Suite 317, 210 Walnut Street, Des Moines, Iowa 50309. The information will be updated as PSD receives information from packers.
(h) What do I need to do when a previously submitted example contract is no longer a valid example due to contract changes, expiration, or withdrawal? Each packer must submit a new example contract when contract changes result in changes to any of the four example-contract criteria specified in paragraph (d) of this section and notify PSD if the new example contract replaces the previously submitted example contract. Each packer must notify AMS when an example contract no longer represents any existing or available contract (expired or withdrawn). Each packer must submit these example contracts and notifications within 1 business day of the change, expiration, or withdrawal.
[75 FR 16642, Apr. 2, 2010, as amended at 84 FR 45649, Aug. 30, 2019]