#### § 201.2 Terms defined.

The definitions of terms contained in the Act shall apply to such terms when used in Administering the Packers and Stockyards Act, 9 CFR part 201; Rules of Practice Governing Proceedings Under the Packers and Stockyards Act, 9 CFR part 202; and Statements of General Policy Under the Packers and Stockyards Act, 9 CFR part 203. In addition, the following terms used in these parts shall be construed to mean:

*Act* means the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 *et seq.*).

*Additional capital investment* means a combined amount of $12,500 or more per structure paid by a poultry grower or swine production contract grower over the life of the poultry growing arrangement or swine production contract beyond the initial investment for facilities used to grow, raise, and care for poultry or swine. Such term includes the total cost of upgrades to the structure, upgrades of equipment located in and around each structure, and goods and professional services that are directly attributable to the additional capital investment. The term does not include costs of maintenance or repair.

*Administrator* or *agency head* means the Administrator of the Agricultural Marketing Service or any person authorized to act for the Administrator.

*Agency* means the Agricultural Marketing Service of the United States Department of Agriculture.

*Breeder facility identifier* means the identification that a live poultry dealer permanently assigns to distinguish among breeder facilities supplying eggs for the poultry placed at the poultry grower's facility.

*Breeder flock age* means the age in weeks of the egg-laying flock that is the source of poultry placed at the poultry grower's facility.

*Broiler* means any chicken raised for meat production.

*Broiler grower* means a poultry grower engaged in the production of broilers.

*Broiler growing arrangement* means a poultry growing arrangement pertaining to the production of broilers.

*Commerce* means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia.

*Complex* means a group of local facilities under the common management of a live poultry dealer. A complex may include, but not be limited to, one or more hatcheries, feed mills, slaughtering facilities, or poultry processing facilities.

*Custom feedlot* means any facility which is used in its entirety or in part for the purpose of feeding livestock for the accounts of others, but does not include feeding incidental to the sale or transportation of livestock.

*Department* means the United States Department of Agriculture.

*Gross payments* are the total compensation a poultry grower receives from the live poultry dealer, including, but not limited to, base payments, new housing allowances, energy allowances, square footage payments, extended lay-out time payments, equipment allowances, bonus payments, additional capital investment payments, poultry litter payments, etc., before deductions or assignments are made.

*Grower variable costs* means those costs related to poultry production that may be borne by the poultry grower, which may include, but are not limited to, utilities, fuel, water, labor, repairs and maintenance, and liability insurance.

*Housing specifications* means a description of—or a document relating to—a list of equipment, products, systems, and other technical poultry housing components required by a live poultry dealer for the production of live poultry.

*Inputs* means the various contributions to be made by the live poultry dealer and the poultry grower as agreed upon by both under a poultry growing arrangement. Such inputs may include, but are not limited to, animals, feed, veterinary services, medicines, labor, utilities, and fuel.

*Letter of intent* means a document that expresses a preliminary commitment from a live poultry dealer to engage in a business relationship with a prospective poultry grower and that includes the chief terms of the agreement.

*Live poultry dealer* means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce.

*Live Poultry Dealer Disclosure Document* means the complete set of disclosures and statements that the live poultry dealer must provide to the poultry grower.

*Minimum number of placements* means the least number of flocks of poultry the live poultry dealer will deliver to the grower for growout annually under the terms of the poultry growing arrangement.

*Minimum stocking density* means the ratio that reflects the minimum weight of poultry per facility square foot the live poultry dealer intends to harvest from the grower following each growout.

*Number of placements* means the number of flocks of poultry the live poultry dealer will deliver to the grower for growout during each year of the poultry growing arrangement period.

*Original capital investment* means the initial financial investment for facilities used to grow, raise, and care for poultry or swine.

*Packers and Stockyards Division (PSD)* means the Packers and Stockyards Division of the Fair Trade Practices Program (FTPP), Agricultural Marketing Service.

*Person* means individuals, partnerships, corporations, and associations.

*Placement* means delivery of a poultry flock to the poultry grower for growout in accordance with the terms of a poultry growing arrangement.

*Poultry grower* means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry.

*Poultry grower ranking system* means a system where the contract between the live poultry dealer and the poultry grower provides for payment to the poultry grower based upon a grouping, ranking, or comparison of poultry growers delivering poultry during a specified period.

*Poultry growing arrangement* means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another's instructions, for slaughter.

*Poultry growout* means the process of raising and caring for poultry in anticipation of slaughter.

*Poultry growout period* means the period of time between placement of poultry at a grower's facility and the harvest or delivery of such animals for slaughter, during which the feeding and care of such poultry are under the control of the grower.

*Principal part of performance* means the raising of and caring for livestock or poultry, when used in connection with a livestock or poultry production contract.

*Prospective broiler grower* means a person or entity with whom the live poultry dealer is considering entering into a broiler growing arrangement.

*Prospective poultry grower* means a person or entity with whom the live poultry dealer is considering entering into a poultry growing arrangement.

*Regional director* means the regional director of the Packers and Stockyards Division (PSD) for a given region or any person authorized to act for the regional director.

*Registrant* means any person registered pursuant to the provisions of the Act and the regulations in this part.

*Schedule* means a tariff of rates and charges filed by stockyard owners and market agencies.

*Secretary* means the Secretary of Agriculture of the United States, or any officer or employee of the Department authorized to act for the Secretary.

*Stocking density* means the ratio that reflects the number of birds in a placement, expressed as the number of poultry per facility square foot.

*Stockyard* means a livestock market which has received notice under section 302(b) of the Act that it has been determined by the Secretary to come within the definition of “stockyard” under section 302(a) of the Act.

[88 FR 83290, Nov. 28, 2023]