Section 54-2607 does not apply to any contract to purchase swine at a certain date or time if the following requirements are met: (1) The difference in price is based on: (a) A payment method specifying prices paid for criteria relating to carcass merit; or (b) actual and quantifiable costs related to transporting and acquiring the swine by the packer; (2) The packer reports the payment information required under section 54-2613, including the payment method specifying prices paid for criteria relating to carcass merit and transportation and acquisition costs; (3) The packer reports the information required under section 54-2613, including the price to be paid for swine to be delivered on specified delivery dates or times; and (4) An offer to enter into a contract for the delivery of swine, according to the same terms and conditions, is made to other sellers.
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