PART 59—LIVESTOCK MANDATORY REPORTING Authority: 7 U.S.C. 1635-1636i. Source: 73 FR 28633, May 16, 2008, unless otherwise noted. Subpart A—General Provisions § 59.10 General administrative provisions. (a) Reporting by packers and importers. (b) Reporting schedule. (c) Regional reporting and aggregation. (1) Ensures that the information is published on a national and a regional or statewide basis as the Secretary determines to be appropriate; (2) Ensures that the identity of a reporting person or the entity which they represent is not disclosed; and (3) Market information reported to the Secretary by packers and importers shall be aggregated in such a manner that the market reports issued will not disclose the identity of persons, packers and importers, including parties to a contract and packer's and importer's proprietary information. (d) Adjustments. (e) Reporting of activities on weekends and holidays. (f) Reporting methods. § 59.20 Recordkeeping. (a) In general. (1) The original contracts, agreements, receipts, and other records associated with any transaction relating to the purchase, sale, pricing, transportation, delivery, weighing, slaughter, or carcass characteristics of all livestock or livestock products; and (2) Such records or other information as is necessary or appropriate to verify the accuracy of the information required to be reported under the Act and this Part. (b) Purchases of cattle and swine and sales of boxed beef cuts. (1) Before 10 a.m. central time; (2) Between 10 a.m. and 2 p.m. central time; or (3) After 2 p.m. central time. (c) Purchases of lambs. (1) Before 2 p.m. central time; or (2) After 2 p.m. central time. (d) Sales of lamb carcasses and sales of boxed lamb cuts. (1) Before 2 p.m. central time; or (2) After 2 p.m. central time. A record of sale by an importer of lamb cuts shall evidence the date the sale occurred. (e) Reporting sales of boxed beef cuts and sales of boxed lamb cuts. (2) Lamb packers and importers must report all sales of boxed lamb items by the applicable Institutional Meat Purchase Specifications (IMPS) item number or the boxed lamb items' cutting and trimming specifications. (f) Reporting sales of wholesale pork. (1) Before 10:00 a.m. central time; (2) Between 10:00 a.m. and 2:00 p.m. central time; or (3) After 2:00 p.m. central time. [73 FR 28633, May 16, 2008, as amended at 77 FR 50573, Aug. 22, 2012] § 59.30 Definitions. The following definitions apply to this part. Act. Base price. Basis level. Current slaughter week. Discount. Exported. F.O.B. Imported. Institutional Meat Purchase Specifications. http://www.ams.usda.gov/AMSv1.0/LivestockStandardizationIMPS. Livestock. Lot. (2) When used in reference to lamb carcasses, the term “lot” means a group of one or more lamb carcasses sharing a similar weight range category and comprising a single transaction between a buyer and seller; or (3) When used in reference to boxed beef, wholesale pork, and lamb, the term ‘lot’ means a group of one or more boxes of beef, wholesale pork, or lamb items sharing cutting and trimming specifications and comprising a single transaction between a buyer and seller. Marketing. Negotiated purchase. Negotiated grid purchase. Negotiated sale. Origin. Percent lean. Person. Premium. Priced. Prior slaughter week. Producer. Purchased. Reporting day. Secretary. State. [73 FR 28633, May 16, 2008, as amended at 77 FR 50573, Aug. 22, 2012] Subpart B—Cattle Reporting § 59.100 Definitions. The following definitions apply to this subpart. Boxed beef. Branded. Carcass characteristics. Carlot-based. Cattle committed. Cattle type. (1) Fed steers; (2) Fed heifers; (3) Fed Holsteins and other fed dairy steers and heifers; (4) Cows; and (5) Bulls. Established. Formula marketing arrangement. (2) When used in reference to boxed beef, the term “formula marketing arrangement” means the advance commitment of boxed beef 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. Forward contract. (2) When used in reference to boxed beef, the term “forward contract” means an agreement for the sale of boxed beef, executed in advance of manufacture, under which the base price is established by reference to publicly available quoted prices. Packer. Packer-owned cattle. Prices for cattle. Terms of trade. (1) Whether a packer provided any financing agreement or arrangement with regard to the steers and heifers; (2) Whether the delivery terms specified the location of the producer or the location of the packer's plant; (3) 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 (4) The percentage of steers and heifers purchased by a packer as a negotiated purchase that are scheduled to be delivered to the plant for slaughter not later than 14 days and the percentage of slaughter steers and heifers purchased by a packer as a negotiated purchase that are scheduled to be delivered to the plant for slaughter more than 14 days, but fewer than 30 days. Type of purchase. Type of sale. White cow. § 59.101 Mandatory daily reporting for steers and heifers. (a) In general. (1) The prices for cattle (per hundredweight) established on that day, categorized by: (i) The 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) The estimated weights of 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 weight, quality grade, yield grade, or other characteristic expressed in dollars per hundredweight on a dressed basis. (2) The quantity of cattle delivered to the packer (quoted in numbers of head) on that day, categorized by: (i) The 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. (3) The quantity of cattle committed to the packer (quoted in numbers of head) as of that day, categorized by: (i) The 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. (4) The terms of trade regarding the cattle, as applicable. (b) Publication. § 59.102 Mandatory daily reporting for cows and bulls. (a) In General. (1) The base bid price (per hundredweight) intended to be paid for slaughter cow and bull carcasses on that day not later than 10 a.m. central time categorized by: (i) Weight; and (ii) For slaughter cows, percent lean (e.g., breaker, boner, cutter (lean)). (2) The prices for cattle (per hundredweight) purchased during the previous day not later than 2 p.m. central time categorized by: (i) The 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) The estimated weight of the cattle purchased; (v) The quality classification; and (vi) Any premiums or discounts associated with weight or quality expressed in dollars per hundredweight on a dressed basis. (3) The volume of cows and bulls slaughtered the previous day. (b) Publication. § 59.103 Mandatory weekly reporting for steers and heifers. (a) In general. (1) The quantity of cattle purchased through a negotiated basis that were slaughtered; (2) The quantity of cattle purchased through a negotiated grid basis that were slaughtered; (3) The quantity of cattle purchased through forward contracts that were slaughtered; (4) The quantity of cattle delivered under a formula marketing arrangement that were slaughtered; (5) The quantity and carcass characteristics of packer-owned cattle that were slaughtered; (6) The quantity, basis level, basis level month, and delivery month and year for all cattle purchased through forward contracts; (7) The range and average of intended premiums and discounts (including those associated with weight, quality grade, yield grade, or type of cattle) that are expected to be in effect for the current slaughter week. (b) Publication. § 59.104 Mandatory reporting of boxed beef sales. (a) Daily reporting. (1) The price for each lot of each boxed beef sale, 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 pounds sold; and (3) The information regarding the characteristics of each sale is as follows: (i) The type of sale; (ii) The branded product characteristics, if applicable; (iii) The grade for steer and heifer beef (e.g., USDA Prime, USDA Choice or better, USDA Choice, USDA Select, ungraded no-roll product); (iv) The grade for cow beef or packer yield and/or quality sort for cow beef (e.g., Breakers, Boners, White Cow, Cutters (lean)); (v) The cut of beef, referencing the most recent version of the Institutional Meat Purchase Specifications (IMPS), when applicable; (vi) The trim specification; (vii) The weight range of the cut; (viii) The product delivery period; and (ix) The beef type (steer/heifer, dairy steer/heifer, or cow). (b) Publication. Subpart C—Swine Reporting § 59.200 Definitions. The following definitions apply to this subpart. Affiliate. (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. Average carcass weight. Average lean percentage. Average net price. Average sort loss. Backfat. Barrow. Base market hog. Base price. Boars. Bred female swine. Formula marketing arrangement. Formula price. Forward sale. Gilt. Hog Class. Inferior swine. Loin depth. Negotiated formula purchase. (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. Net price. Noncarcass merit premium. Other market formula purchase. Other purchase arrangement. Packer. Packer-owned swine. Packer-sold swine. Pork. Pork class. (1) Barrow/gilt; (2) Sow; (3) Boar. Pork product. Purchase data. (1) Hog class; (2) Type of purchase; and (3) Packer-owned swine. Slaughter data. (1) Hog class; (2) Type of purchase; and (3) Packer-owned swine. Sow. Specialty pork product. Stag. Swine. Swine committed. Swine or pork market formula purchase. Type of purchase. (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. Variety meats. Wholesale pork. [73 FR 28633, May 16, 2008, as amended at 77 FR 50573, Aug. 22, 2012; 81 FR 52973, Aug. 11, 2016] § 59.201 General reporting provisions. (a) Packer-owned swine. (b) Type of purchase. (1) Packer-sold swine; and (2) All other swine. § 59.202 Mandatory daily reporting for barrows and gilts. (a) Prior day report. (1) All purchase data, reported by lot, including: (i) The total number of barrows and gilts purchased; (ii) The total number of barrows and gilts scheduled for delivery to a packer for slaughter; (iii) The base price and weight for all barrows and gilts purchased on a live weight basis; and (iv) The base price and premiums and discounts paid for carcass characteristics for all barrows and gilts purchased on a carcass basis for which a price has been established. For barrows and gilts that were not priced, this information shall be reported on the next prior day report after the price is established. (2) The following slaughter data for the total number of barrows and gilts slaughtered: (i) The average net price; (ii) The average carcass weight; (iii) The average sort loss; (iv) The average backfat; (v) The average loin depth; (vi) The average lean percentage; and (vii) Total quantity slaughtered. (3) Packer purchase commitments, which shall be equal to the number of barrows and gilts scheduled for delivery to a packer for slaughter for each of the next 14 calendar days. (4) The Secretary shall publish the information obtained in paragraph (a) of this section in a prior day report not later than 8 a.m. central time for all barrows and gilts purchased and 10 a.m. central time for all barrows and gilts slaughtered on the reporting day on which the information is received from the packer. In addition, the Secretary shall publish a net price distribution for all barrows and gilts slaughtered on the previous day not later than 3 p.m. central time. (b) Morning report. (1) The packer's best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase; (2) The total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased since 1:30 p.m. central time of the previous reporting day and up to that time of the reporting day through each type of purchase; (3) All purchase data for base market hogs purchased since 1:30 p.m. central time of the previous reporting day and up to that time of the reporting day through negotiated purchases; (4) All purchase data for base market hogs purchased through each type of purchase other than negotiated purchase since 1:30 p.m. central time of the previous reporting day and up to that time of the reporting day, unless such information is unavailable due to pricing that is determined on a delayed basis. The packer shall report information on such purchases on the first reporting day or scheduled reporting time on a reporting day after the price has been determined. (5) The Secretary shall publish the information obtained in paragraph (b) of this section in the morning report as soon as practicable, but not later than 11 a.m. central time, on each reporting day. (c) Afternoon report. (1) The packer's best estimate of the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine expected to be purchased throughout the reporting day through each type of purchase; (2) The total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, purchased up to that time of the reporting day through each type of purchase; (3) The base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and (4) The base price paid for all base market hogs purchased through each type of purchase other than negotiated purchase up to that time of the reporting day, unless such information is unavailable due to pricing that is determined on a delayed basis. The packer shall report information on such purchases on the first reporting day or scheduled reporting time on a reporting day after the price has been determined. (5) The Secretary shall publish the information obtained in paragraph (c) of this section in the afternoon report as soon as practicable, but not later than 3 p.m. central time, on each reporting day. [73 FR 28633, May 16, 2008, as amended at 81 FR 52974, Aug. 11, 2016] § 59.203 Mandatory daily reporting for sows and boars. (a) Prior day report. (1) The total number of sows and boars purchased divided into at least three weight groups as specified by the Secretary; (2) The average price paid by each purchase type for all sows in each weight class specified by the Secretary; and (3) The average price paid by each purchase type for all boars in each weight class specified by the Secretary. (4) The packer is required to report only the volume of sows and boars that qualify as packer owned swine and shall omit packer owned sows and boars from all average price calculations. (b) Publication. § 59.204 Mandatory weekly reporting for swine. (a) Weekly noncarcass merit premium report. (1) Each category of standard noncarcass merit premiums used by the packer in the prior slaughter week; and (2) The dollar value (in dollars per hundred pounds of carcass weight) paid to producers by the packer, by category. (b) Premium list. (c) Publication. § 59.205 Mandatory reporting of wholesale pork sales. (a) Daily reporting. (1) The price for each wholesale pork sale, as defined herein, quoted in dollars per hundredweight on an F.O.B. Plant and an F.O.B. Omaha basis as outlined in § 59.205(d). The price shall include brokerage fees, if applicable. All direct, specific, and identifiable marketing costs (such as point of purchase material, marketing funds, accruals, rebates, and export costs) shall be deducted from the net price if applicable and known at the time of sale; (2) The quantity for each pork sale, quoted by number of pounds sold; and (3) The information regarding the characteristics of each sale is as follows: (i) The type of sale; (ii) Pork item description; (iii) Pork item product code; (iv) The product delivery period, in calendar days; (v) The pork class (barrow/gilt, sow, boar); (vi) Destination (Domestic, Export/Overseas, NAFTA); (vii) Type of Refrigeration (Fresh, Frozen, age range of fresh product); and (viii) Specialty pork product, if applicable (b) Publication. (c) The Secretary shall obtain product specifications upon request. (d) The Secretary shall provide freight information for the purpose of calculating prices on an F.O.B. Omaha basis. The Secretary shall provide this information periodically, but not less than quarterly. [77 FR 50574, Aug. 22, 2012] Subpart D—Lamb Reporting § 59.300 Definitions. The following definitions apply to this subpart. Boxed lamb. Branded. Carcass characteristics. Carlot-based. Established. Formula marketing arrangement. (1) When used in reference to live lambs, the term “formula marketing arrangement” means the advance commitment of lambs 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. (2) When used in reference to boxed lamb, the term “formula marketing arrangement” means the advance commitment of boxed lamb 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. Forward contract. (2) When used in reference to boxed lamb, the term “forward contract” means an agreement for the sale of boxed lamb, executed in advance of manufacture, under which the base price is established by reference to publicly available quoted prices. Importer. Packer. Packer-owned lambs. Type of purchase. Type of sale. Yield grade lamb carcass reporting. [73 FR 28633, May 16, 2008, as amended at 81 FR 10062, Feb. 29, 2016; 81 FR 52974, Aug. 11, 2016] § 59.301 Mandatory Daily Reporting for Lambs. (a) In general. (1) The type of purchase; (2) The class of lamb; (3) The quantity of lambs purchased on a live weight basis; (4) The quantity of lambs purchased on a dressed weight basis; (5) A range and average of estimated live weights of lambs purchased; (6) An estimate of the percentage of the lambs purchased that were of a quality grade of Choice or better; (7) Any premiums or discounts associated with weight, quality grade, yield grade, or any type of purchase; (8) Lamb state of origin; (9) The pelt type; and (10) The estimated lamb dressing percentage. (b) Publication. § 59.302 Mandatory weekly reporting for lambs. (a) In general. (1) The quantity of lambs purchased through a negotiated purchase that were slaughtered; (2) The quantity of lambs purchased through forward contracts that were slaughtered; (3) The quantity of lambs delivered under a formula marketing arrangement that were slaughtered; (4) The quantity and carcass characteristics of packer-owned lambs that were slaughtered; (5) The quantity, basis level, and delivery month for all lambs purchased through forward contracts; (6) The following information applicable to the current slaughter week. The range and average of intended premiums and discounts (including those associated with weight, quality grade, yield grade, or type of lamb) that are expected to be in effect for the current slaughter week; and (7) The following information for lambs purchased through a formula marketing arrangement and slaughtered during the prior slaughter week, categorized to clearly delineate domestic from imported market purchases: (i) The quantity (quoted in both numbers of head and pounds) of lambs; (ii) The weighted average price paid for a carcass, including applicable premiums and discounts; (iii) The range of premiums and discounts paid; (iv) The weighted average of premiums and discounts paid; and (v) The range of prices paid. (b) Publication. § 59.303 Mandatory reporting of lamb carcasses and boxed lamb. (a) Daily reporting of lamb carcass transactions. (1) The price for each lot of each lamb carcass transaction, quoted in dollars per hundredweight on an F.O.B. plant basis; (2) The quantity for each lot of each transaction, quoted by number of carcasses sold and purchased; and (3) The following information regarding the characteristics of each transaction: (i) The type of transaction; (ii) The USDA quality grade of lamb; (iii) The USDA yield grade; (iv) The estimated weight range of the carcasses; and (v) The product delivery period. (b) Daily reporting of domestic boxed lamb sales. (1) The price for each lot of each boxed lamb cut sale, quoted in dollars per hundredweight on a F.O.B. plant basis; (2) The quantity for each lot of each sale, quoted by product weight sold; and (3) The following information regarding the characteristics of each transaction: (i) The type of sale; (ii) The branded product characteristics, if applicable; (iii) The USDA quality grade of lamb; (iv) The cut of lamb, referencing the most recent version of the Institutional Meat Purchase Specifications (IMPS), when applicable; (v) USDA yield grade, if applicable; (vi) The product state of refrigeration; (vii) The weight range of the cut; and (viii) The product delivery period. (c) Weekly reporting of imported boxed lamb sales. (1) The price for each lot of a boxed lamb cut sale, quoted in dollars per hundredweight on a F.O.B. plant basis; (2) The quantity for each lot of a transaction, quoted by product weight sold; and (3) The following information regarding the characteristics of each transaction: (i) The type of sale; (ii) The branded product characteristics, if applicable; (iii) The cut of lamb, referencing the most recent version of the Institutional Meat Purchase Specifications (IMPS), when applicable; (iv) The product state of refrigeration; (v) The weight range of the cut; and (vi) The product delivery period. (d) Publication. Subpart E—OMB Control Number § 59.400 OMB control number assigned pursuant to the Paperwork Reduction Act. The information collection and recordkeeping requirements of this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Control Number 0581-0186.