113 STAT. 1194 PUBLIC LAW 106-78—OCT. 22, 1999 "(4) BASE MARKET HOG. —The term 'base market hog' means a hog for which no discounts are subtracted from and no premiums are added to the base price. "(5) BRED FEMALE SWINE. — The term 'bred female swine' means any female swine, whether a sow or gilt, that has been mated or inseminated and is assumed, or has been confirmed, to be pregnant. "(6) 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. "(7) GILT. —The term 'gilt' means a young female swine that has not produced a litter. "(8) HOG CLASS.— The term 'hog class' means, as applicable— "(A) barrows or gilts; "(B) sows; or "(C) boars or stags. "(9) 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. "(10) OTHER MARKET FORMULA PURCHASE.— "(A) IN GENERAL.— 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. "(B) INCLUSION. —The term 'other market formula purchase' includes a formula purchase in a case in which the price formula is based on one or more futures or options contracts. "(11) OTHER PURCHASE ARRANGEMENT.— The term 'other purchase arrangement' means a purchase of swine by a packer that— "(A) is not a negotiated purchase, swine or pork market formula purchase, or other market formula purchase; and "(B) does not involve packer-owned swine. "(12) 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, except that— "(A) the term includes only a swine processing plant that is federally inspected; "(B) for any calendar year, the term includes only a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding 5 calendar years; and "(C) in the case of a swine processing plant that did not slaughter swine during the immediately preceding 5 calendar years, the Secretary shall consider the plant capacity of the processing plant in determining whether
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