§ 59.200 Definitions. The following definitions apply to this subpart. *Affiliate.* The term “affiliate”, with respect to a packer, means: ( 1 ) 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;
( 2 ) 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
( 3 ) A person that directly or indirectly controls, or is controlled by or under common control with, the packer.
*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 provided in § 59.202.
*Average carcass weight.* The term “average carcass weight” means the weight obtained by dividing the total carcass weight of the swine slaughtered at the packing plant during the applicable reporting period by the number of these same swine.
*Average lean percentage.* The term “average lean percentage” means the value equal to the average percentage of the carcass weight comprised of lean meat for the swine slaughtered during the applicable reporting period. Whenever the packer changes the manner in which the average lean percentage is calculated, the packer shall make available to the Secretary the underlying data, applicable methodology and formulae, and supporting materials used to determine the average lean percentage, which the Secretary may convert either to the carcass measurements or lean percentage of the swine of the individual packer to correlate to a common percent lean measurement.
*Average net price.* The term “average net price” means the quotient (stated per hundred pounds of carcass weight of swine) obtained by dividing the total amount paid for the swine slaughtered at a packing plant during the applicable reporting period (including all premiums and less all discounts) by the total carcass weight of the swine (in hundred pound increments).
*Average sort loss.* The term “average sort loss” means the average discount (in dollars per hundred pounds carcass weight) for swine slaughtered during the applicable reporting period, resulting from the fact that the swine did not fall within the individual packer's established carcass weight range or lot variation range.
*Backfat.* The term “backfat” means the fat thickness (in inches) measured between the third and fourth rib from the last rib, 7 centimeters from the carcass split (or adjusted from the individual packer's measurement to that reference point using an adjustment made by the Secretary) of the swine slaughtered during the applicable reporting period.
*Barrow.* The term “barrow” means a neutered male swine, with the neutering performed before the swine reached sexual maturity.
*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.
*Base price.* The term “base price” means the price from which no discounts are subtracted and no premiums are added.
*Boars.* The term “boar” means a sexually-intact male swine.
*Bred female swine.* The term “bred female swine” means any female swine, whether a sow or gilt, that has been mated or inseminated, or has been confirmed, to be pregnant.
*Formula marketing arrangement.* When used in reference to wholesale pork, the term ‘formula marketing arrangement’ means an agreement for the sale of pork under which the price is established in reference to publicly-available quoted prices.
*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.
*Forward sale.* When used in reference to wholesale pork, the term ‘forward sale’ means an agreement for the sale of pork where the delivery is beyond the timeframe of a “negotiated sale” and means a sale by a packer selling wholesale pork to a buyer of wholesale pork under which the price is determined by seller-buyer interaction and agreement.
*Gilt.* The term “gilt” means a young female swine that has not produced a litter.
*Hog Class.* The term “hog class” means, as applicable, barrows or gilts; sows; or boars or stags.
*Inferior swine.* The term “inferior swine” means swine that are discounted in the market place due to light-weight, health, or physical conditions that affects their value.
*Loin depth.* The term “loin depth” means the muscle depth (in inches) measured between the third and fourth ribs from the last rib, 7 centimeters from the carcass split (or adjusted from the individual packer's measurement to that reference point using an adjustment made by the Secretary) of the swine slaughtered during the applicable reporting period.
*Negotiated formula purchase.* The term “negotiated formula purchase” means a swine or pork market formula purchase under which: ( 1 ) The formula is determined by negotiation on a lot-by-lot basis; and
( 2 ) The swine are scheduled for delivery to the packer not later than 14 days after the date on which the formula is negotiated and swine are committed to the packer.
*Negotiated sale.* The term ‘negotiated sale’ means a sale by a packer selling wholesale pork to a buyer of wholesale pork under which the price is determined by seller-buyer interaction and agreement, and scheduled for delivery not later than 14 days for boxed product and 10 days for combo product after the date of agreement. The day after the seller-buyer agreement shall be considered day one for reporting delivery periods.
*Net price.* The term “net price” means the total amount paid by a packer to a producer (including all premiums, less all discounts) per hundred pounds of carcass weight of swine delivered at the plant. The total amount paid shall include any sum deducted from the price (per hundredweight) paid to a producer that reflects the repayment of a balance owed by the producer to the packer or the accumulation of a balance to later be repaid by the packer to the producer. The total amount paid shall exclude any sum earlier paid to a producer that must be repaid to the packer.
*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.
*Other market formula purchase.* 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. The term “other market formula purchase” includes a formula purchase in a case which the price formula is based on 1 or more futures or options contracts.
*Other purchase arrangement.* The term “other purchase arrangement” means a purchase of swine by a packer that is not a negotiated purchase, swine or pork market formula purchase, negotiated formula purchase, or other market formula purchase; and does not involve packer-owned swine.
*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. For any calendar year, the term “packer” includes only a federally inspected swine processing plant that slaughtered an average of 100,000 head of swine per year during the immediately preceding 5 calendar years and a person that slaughtered an average of 200,000 head of sows, boars, or combination thereof per year during the immediately preceding 5 calendar years. Additionally, in the case of a swine processing plant or person that did not slaughter swine during the immediately preceding 5 calendar years, it shall be considered a packer if the Secretary determines the processing plant or person should be considered a packer under this subpart after considering its capacity.
*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.
*Packer-sold swine.* The term “packer-sold swine” means the swine that are owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately before sale for slaughter; and sold for slaughter to another packer.
*Pork.* The term “pork” means the meat of a porcine animal.
*Pork class.* The term “pork class” means the following types of swine purchased for slaughter: ( 1 ) Barrow/gilt;
( 2 ) Sow;
( 3 ) Boar.
*Pork product.* The term “pork product” means a product or byproduct produced or processed in whole or in part from pork.
*Purchase data.* The term “purchase data” means all of the applicable data, including base price and weight (if purchased live), for all swine purchased during the applicable reporting period, regardless of the expected delivery date of the swine, reported by: ( 1 ) Hog class;
( 2 ) Type of purchase; and
( 3 ) Packer-owned swine.
*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 whether the price of the swine was negotiated or otherwise determined, reported by: ( 1 ) Hog class;
( 2 ) Type of purchase; and
( 3 ) Packer-owned swine.
*Sow.* The term “sow” means an adult female swine that has produced 1 or more litters.
*Specialty pork product.* The term ‘specialty pork product’ means wholesale pork produced and marketed under any specialty program such as, but not limited to, genetically-selected pork, certified programs, or specialty selection programs for quality or breed characteristics.
*Stag.* The term “stag” means a male swine that was neutered after reaching sexual maturity.
*Swine.* The term “swine” means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter.
*Swine committed.* The term “swine committed” means swine scheduled and delivered to a packer within the 14-day period beginning on the date of an agreement to sell the swine.
*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.
*Type of purchase.* The term “type of purchase”, with respect to swine, means: ( 1 ) A negotiated purchase;
( 2 ) Other market formula purchase;
( 3 ) A swine or pork market formula purchase;
( 4 ) Other purchase arrangement; and
( 5 ) A negotiated formula purchase.
*Type of sale.* The term “type of sale” with respect to wholesale pork means a negotiated sale, forward sale, or formula marketing arrangement.
*Variety meats.* The term ‘variety meats’ with respect to wholesale pork means cut/processing floor items, such as neck bones, tails, skins, feet, hocks, jowls, and backfat.
*Wholesale pork.* The term ‘wholesale pork’ means fresh and frozen primals, sub-primals, cuts fabricated from sub-primals, pork trimmings, pork for processing, and variety meats (excluding portion-control cuts, cuts flavored above and beyond normal added ingredients that are used to enhance products, cured, smoked, cooked, and tray packed products). When referring to wholesale pork, added ingredients are used to enhance the product's performance (e.g. tenderness, juiciness) through adding a solution or emulsion via an injection or immersion process. The ingredients shall be limited to water, salt, sodium phosphate, antimicrobials, or any other similar combination of foresaid or similar ingredients and in accordance with established USDA regulations.
[73 FR 28633, May 16, 2008, as amended at 77 FR 50573, Aug. 22, 2012; 81 FR 52973, Aug. 11, 2016]