7 USC 197a – Production contracts
Terms Used In 7 USC 197a
- Contract: A legal written agreement that becomes binding when signed.
- live poultry dealer: means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce. See 7 USC 182
- poultry: means chickens, turkeys, ducks, geese, and other domestic fowl. See 7 USC 182
- poultry grower: means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry. See 7 USC 182
- poultry growing arrangement: means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another's instructions, for slaughter. See 7 USC 182
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- swine contractor: means any person engaged in the business of obtaining swine under a swine production contract for the purpose of slaughtering the swine or selling the swine for slaughter, if&mdash. See 7 USC 182
- swine production contract: means any growout contract or other arrangement under which a swine production contract grower raises and cares for the swine in accordance with the instructions of another person. See 7 USC 182
- swine production contract grower: means any person engaged in the business of raising and caring for swine in accordance with the instructions of another person. See 7 USC 182
(a) Right of contract producers to cancel production contracts
(1) In general
A poultry grower or swine production contract grower may cancel a poultry growing arrangement or swine production contract by mailing a cancellation notice to the live poultry dealer or swine contractor not later than the later of—
(A) the date that is 3 business days after the date on which the poultry growing arrangement or swine production contract is executed; or
(B) any cancellation date specified in the poultry growing arrangement or swine production contract.
(2) Disclosure
A poultry growing arrangement or swine production contract shall clearly disclose—
(A) the right of the poultry grower or swine production contract grower to cancel the poultry growing arrangement or swine production contract;
(B) the method by which the poultry grower or swine production contract grower may cancel the poultry growing arrangement or swine production contract; and
(C) the deadline for canceling the poultry growing arrangement or swine production contract.
(b) Required disclosure of additional capital investments in production contracts
(1) In general
A poultry growing arrangement or swine production contract shall contain on the first page a statement identified as “Additional Capital Investments Disclosure Statement”, which shall conspicuously state that additional large capital investments may be required of the poultry grower or swine production contract grower during the term of the poultry growing arrangement or swine production contract.
(2) Application
Paragraph (1) shall apply to any poultry growing arrangement or swine production contract entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this section.