PART 206—SWINE CONTRACT LIBRARY Authority: 7 U.S.C. 198-198b; 7 U.S.C. 222. Source: 75 FR 16642, Apr. 2, 2010, unless otherwise noted. § 206.1 Definitions. The definitions in this section apply to the regulations in this part. The definitions in this section do not apply to other regulations issued under the Packers and Stockyards Act (P&S Act) or to the P&S Act as a whole. Accrual account. Base price. Boar. Ceiling price. Contract. Contract type. (1) Swine or pork market formula purchases with a ledger, (2) Swine or pork market formula purchases without a ledger, (3) Other market formula purchases with a ledger, (4) Other market formula purchases without a ledger, (5) Other purchase arrangements with a ledger, and (6) Other purchase arrangements without a ledger. Floor price. Formula price. Ledger. Negotiated purchase. (1) The buyer-seller interaction that results in the transaction and the agreement on actual base price occur on the same day; and (2) The swine are scheduled for delivery to the packer not later than 14 days after the date on which the swine are committed to the packer. Noncarcass merit premium or discount. Other market formula purchase. Other purchase arrangement. Packer. (1) A packer purchasing at least 100,000 swine per year and slaughtering swine at one or more federally inspected processing plants that meet either of the following conditions: (i) A swine processing plant that slaughtered an average of at least 100,000 head of swine per year during the immediately preceding 5 calendar years, with the average based on those periods in which the plant slaughtered swine; or (ii) A swine processing plant that did not slaughter swine during the immediately preceding 5 calendar years that has the capacity to slaughter at least 100,000 swine per year, based on plant capacity information. (2) Any packer purchasing an average of at least 200,000 sows, boars, or any combination thereof, per year and slaughtering at least 200,000 sows, boars, or any combination thereof at one or more federally inspected processing plants during the immediately preceding 5 calendar years, with the average based on those periods in which the plant slaughtered swine. Producer. Sow. Swine. Swine or pork market formula purchase. Window price. § 206.2 Swine contract library. (a) Do I need to provide swine contract information? (b) What existing or available contracts do I need to provide and when are they due? (c) What available contracts do I need to provide and when are they due? (d) What criteria do I use to select example contracts? (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? (1 ) Electronic report. https://www.ams.usda.gov (2) Printed report. (f) What information from the swine contract library will be made available to the public? (g) How can I review information from the swine contract library? https://www.ams.usda.gov (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? [75 FR 16642, Apr. 2, 2010, as amended at 84 FR 45649, Aug. 30, 2019; 88 FR 62696, Sept. 13, 2023] § 206.3 Monthly report. (a) Do I need to provide monthly reports? (b) When is the monthly report due? (c) What information do I need to provide in the monthly report? https://www.ams.usda.gov (1) Number of swine to be delivered under existing contracts. (2) Available contracts. (3) Estimates of committed swine. (4) Expansion clauses. (i) Clauses that allow for a range of the number of swine to be delivered. (ii) Clauses that require a greater number of swine to be delivered as the contract continues. (iii) Other clauses that provide for expansion in the numbers of swine to be delivered. (5) Maximum estimates of swine. (d) What if a contract does not specify the number of swine committed? (e) When do I change previously reported estimates? (f) Where and how do I send my monthly report? (1) Electronic report. https://www.ams.usda.gov (2) Printed report. (g) What information from monthly reports will be made available to the public and when and how will the information be made available to the public? Availability. https://www.ams.usda.gov (2) Regions. (3) Reported information. (i) The existing contract types for each geographic region. (ii) The contract types currently being made available to additional producers or available for renewal to currently contracted producers in each geographic region. (iii) The sum of packers' reported estimates of the total number of swine committed by contract for delivery during the next 6 and 12 months beginning with the month the report is published. The report will indicate the number of swine committed by geographic reporting region and by contract type. (iv) The types of conditions or circumstances as reported by packers that could result in expansion in the numbers of swine to be delivered under the terms of expansion clauses in the contracts at any time during the following 12 calendar months. (v) The sum of packers' reported estimates of the maximum total number of swine that potentially could be delivered during each of the next 6 and 12 months if all expansion clauses in current contracts are executed. The report will indicate the sum of estimated maximum potential deliveries by geographic reporting region and by contract type. (h) Where and how do I file a waiver request? [75 FR 16642, Apr. 2, 2010, as amended at 84 FR 45649, Aug. 30, 2019; 88 FR 62696, Sept. 13, 2023]