[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR206.2]



[Page 75-76]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

      (PACKERS AND STOCKYARDS PROGRAMS), DEPARTMENT OF AGRICULTURE

 

PART 206_SWINE CONTRACT LIBRARY--Table of Contents

 

Sec. 206.2  Swine contract library.



    (a) Do I need to provide swine contract information? Each packer, as 

defined in Sec. 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 specified in the definition of packer 

in Sec. 206.1.

    (b) What existing or available contracts do I need to provide and 

when are they due? Each packer must send, to the Grain Inspection, 

Packers and Stockyards Administration (GIPSA), 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 Sec. 206.1. 

This initial submission of example contracts is due to GIPSA on the 

first business day of the month following the determination that the 

plant has the slaughtering capacity specified in the definition of 

packer in Sec. 206.1.

    (c) What available contracts do I need to provide and when are they 

due? After the initial submission, each packer must send GIPSA an 

example of each new contract it makes available to a producer or 

producers within one 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 Sec. 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 and notifications required by this section 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 GIPSA through the Internet on the GIPSA Web site 

(http://www.usda.gov/gipsa/) or at USDA GIPSA, Suite 317, 210 Walnut 

Street, Des Moines, IA 50309.

    (2) Printed report. Each packer that chooses to submit printed 

example contracts and notifications must deliver the printed contracts 

and notifications to USDA GIPSA, Suite 317, 210 Walnut Street, Des 

Moines, IA 50309.

    (f) What information from the swine contract library will be made 

available to the public? GIPSA 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. GIPSA will 

make the information available by region and contract type as defined in 

Sec. 206.1, for public release one 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).



[[Page 76]]



    (g) How can I review information from the swine contract library? 

The information will be available on the Internet on the GIPSA Web site 

(http://www.usda.gov/gipsa/) and at USDA GIPSA, Suite 317, 210 Walnut 

Street, Des Moines, IA 50309. The information will be updated as GIPSA 

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 GIPSA if the new example contract replaces the previously 

submitted example contract. Each packer must notify GIPSA 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 one business day of the change, expiration, or 

withdrawal.



(Approved by the Office of Management and Budget under control number 

0580-0021)