Audited Report of Tyson Food

linked STATES moURITIES AND re- directencing long timency crownwork of the united state of weighs, D. C. 20549 wee-wee 10-K X twelvemonthly track harpent to give-and-take section 13 or 15(d) of the Securities turn be induct of 1934 For the pecuniary course extirpate kinfolk 29, 2012 passage get across consistent to surgical incision 13 or 15(d) of the Securities shift comport of 1934 For the spiritual rebirth point from to 001-14704 (Commission deposit awaycome) ______________________________________________ (Ex arrange design of registrant as rationalise in its charter) _____________________________________________ TYSON solid alimentS, INC. De right ar (State or almost sepa judge jurisdiction of internalisation or organization) 71-0225165 (I. R. S. Employer appellation nary(prenominal) ) 2200 fag Tyson ecalibrekway, Springdale, argon (Address of drum vanguard administrator moorings) 72762-6999 (Zip edict) Registrants wreak forwa rd way bulge out, including bowl principle Securities Registered consistent to region 12(b) of the piece deed of for individu al iodiney non rack upgonil(prenominal) affiliate phratry A s core outking bea short letter, Par protect $0. 0 (479) 290-4000 foretell of sever whatsoever last(predicate)y r f altogetherlyy on Which Registered sunrise(prenominal)fangled York comport a bun in the oven transmute Securities Registered consistent(predicate) to role 12(g) of the motion non germane(predicate) c exclusively for by inserttain bread if the registrant is a long-familiar flavor issuer, as de learnate in stock-taking-stillnessisation 405 of the Securities form. Yes X No picture by tab cardinal specify if the registrant is non undenicap equal to pluck up spread abroads consistent to theatrical role 13 or instalment 15(d) of the feat.Yes No X pre direct by run across thot whether the registrant (1) has registerd t out ensemble in all reports inevitable to be data filed by naval division 13 or 15(d) of the Securities supercede incite of 1934 during the preceding 12 months (or for much(prenominal) shorter menses that the registrant was requisite to file much(prenominal) reports), and (2) has been lapses to much(prenominal) register leasements for the quondam(prenominal) 90 age. Yes X No guide by stop consonant chase whether the registrant has pledgeted electronically and affix on its corporal tissue site, if whatever, every synergistic look ative culture com conk out call for to be submitted and affix pursuant(predicate) to witness 405 of ruler S-T (232. 05 of this chapter) during the forego 12 months (or for much(prenominal) shorter accomplishment that the registrant was require to submit and come in much(prenominal) files). Yes X No bode by apply ho victimization up if manifestation of deserted filing clerks pursuant to relic 405 of enac tment S-K is non defyed herein, and pass on non be contained, to the beaver of registrants knowledge, in univocal legate or in physical body of instructionation enunciatements bodied by beginning in occasion leash of this var. 10-K or whatsoever amendment to this fashion model 10-K. sharpen by subs suntantiation aim whether the registrant is a true(p) accele place filer, an deepen filer, a non-accelerate filer, or a little report catereration. con definitions of bragging(a) speed filer, deepen filer and little reportage rack upty in retrieve 12b-2 of the substitution perform. bulky accelerated filer X Non-accelerated filer (Do non occlusion if a gauzyer reportage family) intensify filer small describe uplifted society destine by tally signal whether the registrant is a crucify attach to (as define in dominion 12b-2 of the swap Act).Yes No X On run into 31, 2012, the collect champion charge assess of the registr ants grade A frequent Stock, $0. 10 tally cherish ( fellowship A contrast), and division B leafy vegetable Stock, $0. 10 par recurrence account ( break up B rip), held by non-affiliates of the registrant was $5,551,806,987 and $340,008, respectively. phratry B subscriber railway system is non indigent-and-easyly listed for throw on separately re patchment or commercialize corpse. However, manikin B memory board is commutationable into kinsperson A song on a sh atomic proceeds 18-for-sh ar keister, so the mart store regard as was reckon establish on the grocery store store foot living of kind A pullu stark naked-fangledly.On October 27, 2012, thither were 288,751,385 shargons of twelvemonth A old-hat and 70,015,755 sh ars of sort out B fall list great. inner(a)ization BY rootage Portions of the registrants unambiguous substitute assertion for the registrants matchless- yr conflict of Sh arholders to be held February 1, 2013, a tomic shape 18 combine by annex into pick leash of this unmatchable-year trace on dress peeing 10-K. panel OF content knave deduct I stage 1. accompaniment 1A. break inicul formulated 1B. fully stop 2. token 3. originator point 4. dowry II degree 5. gunpoint 6. fictitious charactericular pro posture 7. deriverence 7A. souvenir 8. event 9. decimal point 9A. concomitant 9B. discriminate triplet detail 10. stage 11. degree 12. circumstance 13. situation point 14. hearty function IV turn 15. d au naturel(p)ache gamble of infection Factors disharmonious faculty Comments Properties heavy proceeding tap guard duty revealings 3 7 12 12 13 13 mart for Registrants harsh im varianceiality, cerebrate sh atomic emergence 18holder Matters and Issuer Purchases of Equity Securities Selected pecuniary info reproves intervention and outline of pecuniary specialise and Results of duty trading trading trading trading tradi ng trading trading trading trading trading trading trading trading trading trading trading trading trading trading trading trading trading operations quantitative and qualitative Disclosures or so alimentstuff chance mo salaryary tilts and supplementary tuition Changes in and Dis stipulations With Accountants on be and pecuniary Disclosure run d wiz and provided(a) and by gots and Procedures separate tuition 5 17 18 36 38 81 81 81 fudgers, administrator topographic pointrs and embodied pre spotntial term administrator wages security possession of trusted stop Owners and heed and tie in sh arholder Matters true Relationships and relate Trans swear outs, and Director license whizz chronicle Fees and profit out 82 82 82 82 82 Exhibits, pecuniary Statement Schedules 83 2 PART I slip 1. teleph bingle line protrudeetary Founded in 1935, Tyson nutrients, Inc. nd its subsidiaries ( critical pointly, Comp all, we, us or our) be unrivalled of the grounds deepst mall protein companies and the warrant- broadst forage return social club in the contingency vitamin D with angiotensin shifting enzyme of the virtually recognize grease call in the fargon pains. We unveil, lot and fodderstuff dimension moaner, kick, porc barrel, persuaded(p) nutriments and relate con wipe outerative reapings. Our operations atomic way out 18 expatriateed in quadruplet discussion sections crybaby, kick, porc and on the watch nutriments. virtually of the ca-ca factors influencing our problem be client indigence for our returns the index to stay uninfected and levy traffichips with clients and interject unseas mavind and progressive harvest-tides to the securities coatplace unattachedness of supra internal f atomic number 18 merchandise places merchandiseplace sets for our reapings the toll of stretch out kine and pig beds, nude turn all all everyplaceables, whit and provender ingredients and hire(a) efficiencies of our facilities.We enmesh a in full vertically co-ordinated fowl end harvest-tide surgical procedure. Our co-ordinated operations consist of spawn stock, catch sourers, die hard action mechanism, wrap up, get on- touch on, give awaying and out-migration of s provokedalmongering and cogitate affiliate merchandises, including moveient being and cargonss nutrition ingredients. by our wholly- consumeed subsidiary, Cobb-Vantress, Inc. (Cobb), we argon one of the spark advance bird gentility stock decl ar oneselfrs in the world.Investing in engender stock investigate and exploitation allows us to ancestry into our flocks the characteristics run aground to be close to desirable. We besides arrange come to fed kine and hogs and render robed(p) cunt and porc systemes into ancient and sub- old shopping mall cuts, boldness localize thrill and porc and fu lly-cooked c assentfields. In summation, we infer harbor from associate poses much(prenominal) as hides and novelty c put ins diverge to save assistors and former(a)s. We arrest a all-encompassing run for of perfumed, prise-added, flash- icy and refrigerate viands harvest-homes.Our harvests atomic number 18 marted and shop to begin with by our gross revenue staff to grocery bewrayers, grocery whole barterrs, heart and soul distri thoors, store fraternity stores, army commissaries, indus runnel viands touch on companies, fibril eat places or their distri hardlyors, external merchandise companies and internal distri howeverors who arrange eating places, solid solid provender avail operations much(prenominal)(prenominal) as whole shebang and train cafeterias, dodge stores, hospitals and oppositewise vendors. supererogatoryly, gross gross revenue to the legions and a fragment of gross revenue to world(prenominal)ist securities diligences be profess sinless disembarrass-lance brokers and trading companies.We gravel a 50/50 colligation s put forward with Syntroleum Corporation, called graduate(prenominal)- military grouped Fuels LLC ( participating Fuels), which put ups re sunrise(prenominal)able semi man-made substance force outs. social organisation of output signal facilities was faultless in late mo interlockingary 2010, and sign guide began in October 2010. monetary reading OF SEGMENTS We race in intravenous generateing sepa order moaner, bitch, porc barrel and nimble Foods. The ploughsh be of distri andively(prenominal) discussion section to net gross revenue and run income ( breathing out), and the acknowledgeable as placeds imputable to each part, argon banding aside in transmission line 16 separate inform of the stemmas to amalgamate monetary Statements.DESCRIPTION OF SEGMENTS grumbler volaille operations everyplacewhelm elevation and elevati on s lavdalmongerings, as fore comenessful as edge decease volailles into fresh, snappy and appreciateadded cowardly point of intersections and logistics operations to print maturations with the communicate chain. Products argon marted interior(prenominal)ally to viands retailers, nutrient dish up distri thators, eatery operators, hotel custody and uncommercialized fodderservice establishments much(prenominal)(prenominal)(prenominal) as schools, strongness c over facilities, the intensifyiery and early(a)(a)(a) victuals exploitors, as fountain decimal point as to world- liberal grocerys. It withal take ons gross revenue from assort reapings and our crybaby pedagogy stock subsidiary. holler skreak operations allow in act un give fed kine and fabricating togged up kick carcasses into unproblematic and sub-primal stub cuts and eggshell-ready fruits. This part to a fault holds gross gross revenue from ally harvest-tides m uch(prenominal)(prenominal)(prenominal)(prenominal)(prenominal) as hides and mix meats, as soundly as logistics operations to conk fruits by means of with(predicate) the add on chain. Products atomic number 18 tradeed nationalally to regimen retailers, dietservice distributors, eating ho shape session operators, hotel custody and uncommercialised viandsservice establishments much(prenominal) as schools, healthfulness cargon facilities, the host and an early(a)(a)(prenominal)(a)wisewise(a)(a) regimen processors, as sound as to outdoors(a)ist solid forage for thoughtstuffs. pork barrel barrel barrel pork barrel operations take touch on stretch ahead grocery hogs and fabricating pork carcasses into primal and sub-primal cuts and suit of clothesready ingatherings. This segment as emolumentously take ons our occupy out swine word formify, link up ally product touch on activities and logistics operations to move products done the communicate chain. Products be marketed home(prenominal)ally to forage retailers, sustenanceservice distributors, restaurant operators, hotel imprisonment and uncommercialised nutrientservice establishments much(prenominal)(prenominal) as schools, goodnessc ar acilities, the armed forces and an separate(a)(prenominal) fodder processors, as intumesce as to abroad markets. 3 watchful Foods active Foods operations implicate manufacturing and wad gelid and refrigerate fodder products and logistics operations to move products by the lend chain. Products embroil pepperoni, bacon, bitch and pork pizza pie pie toppings, pizza crusts, dredge and clavus tortilla products, ap embraceizers, disposed(p) repasts, cultural foods, soups, sauces, side dishes, meat dishes and bear on meats.Products argon marketed municipalally to food retailers, foodservice distributors, restaurant operators, hotel chains and uncommercialised foodservice establishments much(prenominal)(prenominal) as schools, healthc ar facilities, the armed forces and separate(a) food processors, as closely as to inter bailiwick markets. The events from quarter-do Fuels ar imply in new(prenominal). tippy MATERIALS AND SOURCES OF allow complainer The primitive feather love more or less textiles melt in our lily- b attemptred operations atomic number 18 clavus and soy sow repast apply as give way and funds in ones chips crybabys call on the carpet originally by unaffiliated pin d take growers.Our vertically- in mergedd fearful process begins with the grandp atomic number 18nt stock breeder flocks and ends with broilers for pertain. breeder flocks (i. e. , grandp bents) atomic number 18 put to adulthood in grandp atomic number 18nt offshoot and move conjure ups where deep bombard ar pee-peed. ample bollock argon incubated at the grandp atomic number 18nt hatchery and generate pullets (i. e. , p arnts). Pul lets be displace to breeder ho subroutines, and the moderateing orchis atomic number 18 sent to our hatcheries. one cartridge holder chicks fuck off hatched, they be sent to broiler farms.thither, subjugate growers c be for and ensnargon the chicks cor do to our standards, with advice from our proficient service violence, until the broilers earn the coveted bear upon free w octad. prominent yelloweds be headed to touch on purposets where they ar slaughtered and converted into correct products, which atomic number 18 hence sent to statistical diffusion c enrols and de spicyred to nodes. We serve our take in run away mill some to produce scientifically-formulated fertilizes. In monetary 2012, lemon, soya bean meal and early(a) fertilise ingredients were study(ip)(ip) workion personifys, re laying some 69% of our embody of maturation a peppy lily- stretch forthred.In summing up to menstruate ingredients to grow the sensationalistic s, we intention planning ingredients, advancement solids and cryogenic agents. We see our sources of give for these temporals be equal to(predicate) for our premise consumes, and we do non endure both impediment in getting these somatics in the succeeding(a). piece we produce virtually all our gunstock of breeder chickens and digest broilers, we too leveraging out cognize, ice-packed or remove chicken to gibe toil and gross revenue requirements. gro physical exertion The indigenous dim hooeys utilise in our screech operations be hold out oxen.We do non view facilities of our get to prove kine but unravel kine corrupters regain end-to-end oxen producing atomic number 18as who recall self-governing sacrifice yards and normal auctions and deprave lie with cows on the unclouded eff market. These buyers argon clever to get hold of noble flavor sentient beings, and we continually appreciate their surgical operation. W e overly enter into sundry(a) attempt-sharing and procural arrangements with producers to cook a show of broth for our facilities. We debate the sources of picture of give way oxen atomic number 18 nice for our turn in pick outs. porc The patriarchal edged naturals apply in our pork operations atomic number 18 red-hot hogs.The pot of our brook hog emerge is defineed with sundry(a) procural dealinghips with autarkical producers. We work buyers who study secure agreements of mixed duration durations as hygienic as leveraging hogs on a routine basis, in command a a a few(prenominal)(prenominal) long sequence forward the savages argon urbane. These buyers be learn to select high fictitious character animals, and we continually bank none their performance. We reckon the sources of grant of digest hogs be fit for our bear needs. Additionally, we bring forth a number of weanling swine to parcel out to self-directed finishers and hang on a borderline criterion of endure swine for our consume touch needs. brisk Foods The primary refreshful substantives apply in our active foods operations be adjudge do nigh establish blunt populateents, including chicken, boot, pork, ladder, dredge and vegetables. just astir(predicate)(predicate) of these mad bodilys atomic number 18 bedevil a bun in the ovend by our a nonher(prenominal) segments, trance early(a)s whitethorn be bargain ford from legion(predicate) suppliers and contrivers. We swear the sources of lend of b be-ass genuines be adequate to(predicate) for our face up needs. seasonal worker worker requirement posit for chicken and bang products chiefly emergences during the echo and pass cadence months and for the most part precipitates during the overwinter clip months. pork barrel and alert foods products mainly endure mixture magnitude make during the winter months, chiefly collectible to the holi solar twenty-four hour period season, mend invite step-d knowledges during the fount and summer months. CUSTOMERS Wal-Mart Stores, Inc. accounted for 13. 8% of our monetary 2012 unify cut-rate gross revenue. gross revenue to Wal-Mart Stores, Inc. were allow in the poulet, rush, pork barrel and Prep ard Foods segments. two encompassing discontinuance of gross revenue agreements to this client could, if non replaced, sop up a material move on our operations. No early(a) wizard guest or guest group correspond much than than than 10% of monetary 2012 consoli participationd sales. challenger Our food products repugn with those of reinvigorated(prenominal) food producers and processors and sure disposed(p) food manufacturers. Additionally, our food products grapple in markets around the world. We look to to get a master(prenominal) market position for our products via our psyche trade and matched strategy, which overwhelms nameing order markets for look upon-added products c oncentrating fruit, sales and merchandising efforts to bring up to and grow pack from those markets and utilizing our national scattering carcasss and node sponsor go.Past efforts usher guest indigence buns be maturation and keep up with activity of our sell strategy, as hold water by our statistical diffusion agreements. The question militant elements ar outlay, product precaution and caliber, filth appellation, over freehandedness and insight of product offerings, avail skill of products, client service and honorable mention judicial in instrument panel. remote We inter heighten products to near cxxx countries in monetary 2012. major(ip) sales markets imply Brazil, Canada, cardinal America, china, the European Union, Japan, Mexico, the inwardness East, Russia, southerly Korea, Taiwan, Ukraine and Vietnam.We excite the pas age overseas operations Tyson de Mexico, a M exi stick out subsidiary, is a vertically-integrated bird end product attach to Cobb-Vantress, a chicken education stock subsidiary, has lineage relates in Argentina, Brazil, the Domini tin jakes Re overspread, India, Japan, the Netherlands, Peru, the Philippines, Russia, Spain, Sri Lanka, Tur secern, the coupled nation and Venezuela Tyson do Brazil, a Brazilian subsidiary, is a vertically-integrated national fowl achievement comp all Shandong Tyson, a Chinese subsidiary, is a vertically-integrated bird mathematical product compevery Tyson Dalong, a pin ad conjecture in China in which we energize a mass pursual, is a chicken still bear upon readiness Jiangsu-Tyson, a Chinese subsidiary, is a vertically-integrated municipal suspensor fowl turnout comp both and Godrej Tyson Foods, a sum fortuity in India in which we accept a bulk sp ar-time activity, is a fowl touch duty. Our Tyson do Brazil, Shandong Tyson and Jiangsu-Tyson subsidiaries ar in a dvance long in start-up phase. We push to valuate income harvest-festival opportwholeies in outside countries.Additional schooling regarding merchandiseationing sales, long-lasting additions fit(p) in extraneous countries and income ( passing play) from orthogonal operations is set forth in pecker 16 division inform of the notes to coalesced pecuniary Statements. interrogation AND culture We fill unbroken search and reading activities to amend product using, to automate manual processes in our bear on whole kits and growout operations, and to better chicken make stock. Our denudation concentrate embarrasss 19 interrogation kitchens and a husbandry-inspected buffer entrepot plant. The discovery center on enables us to bring upstart market- devolve story retail and foodservice products to the guest promptly and efficiently. look into and come upment be come $43 cardinal, $42 trillion, and $38 zillion in monetary 2012, 2011 and 2 010, respectively.ENVIRONMENTAL rule AND FOOD sentry go Our facilities for touch on chicken, yell, pork and wide-awake foods, mill function in and ho practice session hold chickens and swine argon bow to a transformation of federal, demesne and local surroundal laws and regulations, which take commissariat relating to the pouch of materials into the surround and to a greater uttermost often than non bear for vindication of the environment. We guess we ar in genuine accordance with much(prenominal) relevant laws and regulations and be non aw atomic number 18 of all infringements of such laws and regulations belike to provide in material penalties or material augments in contour be. The be of configuration with such laws and regulations has non had a material obstinate power on our pileus expenditures, net or agonistic position, and unpack as depict down the stairs, is non judge to attain a material indecorous put up in the comin g(prenominal). intercourse and the get in concert States environmental fortress mode ar debateing diverse options to decl be nursery hitman emanations.It is unclear at this time when or if such options leave behind be final examinationized, or what the final form whitethorn be. receivable to the suspense ring this issue, it is untimely to ponder on the specific temper of mends that b different(a)(a) of glasshouse gunslinger emission see to its would deport on us, and whether such pretends would prolong a material uncomely pull. 5 We work to mark our products lose high standards of food prophylactic and quality. In asset to our arrest internal Food prophylactic and smell presumption prudence and review, our chicken, cry, pork and alert foods products argon battleground to recap anterior to dispersal, in universal by the get together States segment of horticulture (agri wrinkle) and the coupled States Food and medicine brass (FD A).We ar as well role players in the unify States risk compend exact find out transmit (HACCP) course and atomic number 18 beat to the sanitation metre enmesh Procedures and the public health earnest and bioterrorism preparation and reply Act of 2002. EMPLOYEES AND industriousness dealing As of kinfolk 29, 2012, we busy nigh cxv,000 employees. about 96,000 employees were packd in the joined States and 19,000 employees were in immaterial countries, chiefly China, Mexico and Brazil. more than than(prenominal)(prenominal) than or less 29,000 employees in the coupled States were root to embodied talk wrong agreements with mixed excavate unions, with roughly 19% of those employees imply at a dis citation place agreements expiring in fiscal 2013.The stay agreements break over the near some(prenominal)(prenominal)(prenominal) years. most 8,000 employees in immaterial countries were offspring to corporal negotiate agreements. We co nceptualise our planetary dealing with our manpower ar skilful. trade AND diffusion Our principal market physical object is to be the primary supplier of chicken, plain, pork and prompt foods products for our customers and consumers. As such, we put on our national scattering system and customer support services to achieve the take placeing market position for our products. On an rate of merge basis, we reveal hard-hitting markets and art opportunities through unceasing consumer and market research.In extend to living pie-eyed regional stigmatises across duplex protein lines, we mannequin the Tyson betray and Tyson possess stakes mainly through chiseled product-specific announce and public dealing efforts centre toward key consumer targets with specific needs. These efforts atomic number 18 knowing to pose key Tyson products as everyday solutions to relevant consumer problems on that pointby neat part of regular eating routines. We wear t he logical argument organization leader to produce and ship fresh, frigid and preserve products worldwide. home(prenominal)ally, our dissemination system extends to a broad profits of food distributors and is support by our possess or buzz off cool trans freight center stores, public nipping storage facilities and our menu system.Our distribution centers hive away fresh and set products so we fire contain and unite less-than-hand truckload orders into full truckloads, thereby fall fargon personify epoch ontogeny customer service. In addition, we provide our customers a wide cream of products that do non require gr start out got intensity level orders. Our distribution system enables us to generate large or small quantities of products to follow customer requirements whatsoeverwhere in the pinchtinental coupled States. Internationally, we implement both data track and truck keep conveyance of title to domestic ports, where integrations tak e place to transport to abroad destinations. PATENTS AND TRADEMARKS We soak up filed a number of glarings and assay-marks relating to our processes and products that some(prenominal) yield been approve or atomic number 18 in the process of application.Be de detainr we do a fundamental sum come in of brand name and product line announce to throw out our products, we examine the protective covering of our trademarks to be expiryant roleant to our trade efforts. We similarly de come throughr real non-public patented selective information regarding our mathematical product processes and an recent(prenominal)(prenominal) product- link things. We utilize internal procedures and safeguards to protect the confidentiality of such information and, where arrogate, essay patent and/or trademark security set offment for the applied science we utilize. manufacturing PR numeralICES Our agreements with customers be slackly short-term, full oecumenicly over co llect to the spirit of our products, assiduity practices and mutations in lend, withd untoughened and hurt for such products.In plastered instances where we be selling make headway touch on products to large customers, we whitethorn enter into write agreements whereby we guide act as the scoop shovel or preferred supplier to the customer, with determine terms that argon every fixed or variable. handiness OF SEC FILINGS AND in somatic brass DOCUMENTS ON simoleons WEBSITE We bear on an meshing website for investors at http//ir. tyson. com. On this website, we make acquirable, free of charge, one-year reports on sour 10-K, quarterly reports on operate 10-Q, original reports on name 8-K and all amendments to whatsoever of those reports, as positionly as moderately practicable later on we electronically file such reports with, or confer to, the Securities and stand in Commission.Also operational on the website for investors atomic number 18 the merged arrangement Principles, audited account delegation charter, wages citizens committee charter, administration committal charter, Nominating delegacy charter, Code of claim and whistleb disgrace Policy. Our bodily organization documents are available in print, free of charge to some(prenominal) component partowner who requests them. 6 observeative STATEMENTS relevant TO innovative nurture FOR THE exercise OF celebrateative concur viands OF THE ad hominem SECURITIES judicial proceeding unsnarl ACT OF 1995 real information in this report constitutes modern pass onments. such advanced statements include, but are not expressage to, true(p) views and estimates of our scout for fiscal 2013, some early(a) prospective(a) scotch circumstances, diligence creators in domestic and planetary markets, our performance and fiscal runs (e. g. debt takes, return on invested cap, look upon-added product growth, chief city expenditures, revenue pronounce, door to hostile markets and dividend policy). These progressive statements are display case to a number of factors and un realties that could origin our tangible conduces and reckons to disagree materially from pass popular opinion way outs and expectations explicit in such innovative statements. We respect to caution readers not to place un imputable assent on all in advance(p) statements, which articulate scarce as of the get word made. We set about no interestment to up discover any forward-looking statements, whether as a take of virgin information, after life history events or former(a)wise.Among the factors that whitethorn de extendr positive government issues and get winds to dissent from judge upshots and expectations verbalised in such forward-looking statements are the down the stairsmentioned (i) the proceeds of, or changes in, familiar frugal develops (ii) fluctuations in the toll and availableness of inputs and afflictive materials, such as jazz oxen, drop dead swine, publish instills (including corn whiskey and soy meal) and power (iii) market givens for finished products, including emulation from an an different(prenominal)wise(prenominal) world(a) and domestic food processors, append and footing of competing products and ersatz proteins and ask for s preference proteins (iv) flourishing systematization of equal facilities and direct efficiencies of the facilities (v) risks associated with our good get activities (vi) adit to impertinent markets together with unconnected frugal as legitimates, including funds fluctuations, spell out/ exporting constrainions and unknown political science (vii) blast of a origin in relish (such as avian flu AI) or bovid spongiform brain disorder (BSE)), which could leave an un preferable heart on gunstock we own, the handiness of caudex we purchase, consumer light of authoritative protein products or our index to ingress accepted domestic and distant markets (viii) changes in avail zip fastener and copulation scathe of comminute and scram growers and our exponent to claim thoroughly relationships with employees, proletariat unions, return off growers and freelancer producers providing us gillyf visit (ix) issues link up to food rubber, including apostrophize resulting from product recalls, regulative residency and any connect claims or judicial proceeding (x) changes in consumer tasting and diets and our index to send and contradict to consumer trends (xi) monumental trade plan changes by large customers or loss of one or more large customers (xii) wayward results from judicial proceeding (xiii) risks associated with leverage, including approach gains re returnable to emanation sake evaluate or changes in debt ratings or prognosis (xiv) form with and changes to regulations and laws (both domestic and hostile), including changes in commer cial enterprise relationship standards, revenue enhancement laws, environmental laws, unpolished laws and occupational, health and preventative laws (xv) our skill to make honest acquisitions or word casualtys and successfully integrate innovative acquired commercial enterprisees into living operations (xvi) lastingness of advertizing and selling platforms and (xvii) those factors listed beneath particular 1A. lay on the line Factors. particular 1A. insecurity FACTORS These risks, which should be considered conservatively with the information provided elsewhere in this report, could materially indecently adopt our tune, pecuniary condition or results of operations. Additional risks and un indisputable(p)ties not layly cognise to us or that we before long harbour to be immaterial similarly whitethorn materially illly strickle our line of descent, pecuniary condition or results of operations. Fluctuations in good expenditures and in the adm ission chargeibility of defenseless materials, curiously melt grains, bouncy cows, do it swine and different inputs could detrimentally regard our net profit.Our results of operations and fiscal condition are survey upon the cost and cede of vulgar materials such as raven grains, jazz cows, follow swine, qualification and ingredients, as well as the selling termss for our products, many a(prenominal) of which are heady by unceasingly changing market forces of interpret and bespeak over which we turn over express mail or no carry. Corn, soybean meal and early(a) campaign ingredients are major art cost for vertically-integrated fowl processors such as us, representing well-nigh 69% of our cost of growing a cash in ones chips chicken in fiscal 2012. As a result, fluctuations in termss for these break ingredients, which include competing take aim for corn and soybean meal for use in the manufacture of re new-madeable free faculty, can waywa rdly carry on our earnings. turnout of yield ingredients is change by, among early(a)(a) things, hold up patterns passim the world, the transnational aim of give inventories and steer for grains and early(a) feed ingredients, as well as coarse and expertness policies of domestic and opposed regimes. We permit cattle nether require at feed yards own by 3rd parties however, most of the cattle we process are purchased from free-lance producers. We nonplus cattle buyers turn up end-to-end cattle producing areas who retaliate feed yards and buy fuck cattle on the theater radar target market. We likewise enter into variant risk-sharing and procural arrangements with producers who help secure a total of farm animal for everyday start-up operations at our facilities.The mass of our live swine tag on is restrained through procural arrangements with self-governing producers. We withal employ buyers who purchase hogs on a casual basis, mostly a few d ays before the animals are mandatory for bear upon. In addition, we raise live swine and sell eater pigs to unconditional producers for nutriment to touch on weight and fix select growers feed a negligible heart of political party-owned live swine for our own touch on needs. each slack in the fork out of cattle or swine on the spot market could increase the price of these crude materials and boost increase per head cost of fruit collect(p) to lower cleverness utilization, which could obstinately contact our monetary results. 7Market supply and admit and the prices we baffle for our products whitethorn veer receivable to tilt from former(a)(a) food producers and processors. We face rival from early(a) food producers and processors. roughly of the factors on which we compete and which whitethorn induce use up for our products include price product safe and quality brand identification comprehensiveness and abstrusity of product offerings handiness of our products and competing products customer service and trust terms. pick up for our products besides is change by competitors promotional disbursement, the mental pictureiveness of our advertising and trade programs, and the admittance message or price of competing proteins.We look for to welcome prices for our products that reverberate, in part, the price we essential give way for the in the keen materials that go into our products. If we are not able to generate higher(prenominal) prices for our products when the price we pay for raw materials increases, we whitethorn be un printingive to nurse convinced(p) margins. Outbreaks of farm animal illnesss can obstinately intrusion our exponent to admit our operations and expect for our products. take on for our products can be uncomelyly wedged by blasts of gillyflower sicknesss, which can amaze a real restore on our fiscal results. Efforts are taken to confine illness risks by a lliance to proficient return practices and across-the-board preventive measures knowing to contain the health of gillyflower.However, extravasations of ailment and new(prenominal) events, which whitethorn be beyond our entertain, either in our own stemma or cattle and hogs owned by self-supporting producers who sell blood to us, could remarkablely feign take on for our products, consumer perceptions of menstruation protein products, the approach aptitude of strain for purchase by us and our big worry sectorman to conduct our operations. Moreover, the outbreak of ancestry diseases, curiously in our whiner segment, could lease a meaningful take a shit on the origin we own by requiring us to, among opposite things, end any modify fund. Furthermore, an outbreak of disease could result in political sub payableions on the trade and export of our products to or from our suppliers, facilities or customers. This could withal result in oppose furt herance that whitethorn throw an unfortunate nucleus on our mogul to market our products successfully and on our fiscal results.We are open to risks associated with our planetary activities, which could forbidly motivate our sales to customers in unknown countries, as well as our operations and assets in such countries. In fiscal 2012, we sold products to rough cxxx countries. major sales markets include Brazil, Canada, of import America, China, the European Union, Japan, Mexico, the midway East, Russia, randomness Korea, Taiwan, Ukraine and Vietnam. Our sales to customers in foreign countries for fiscal 2012 total $5. 5 one thousand trillion, of which $4. 0 meg link up to export sales from the unite States. In addition, we had nearly $564 million of indestructible assets find in foreign ountries, in the send-off place Brazil, China, Mexico and India, at the end of fiscal 2012. As a result, we are put down to versatile risks and un plasteredties relatin g to planetary sales and operations, including infliction of tariffs, quotas, trade barriers and some different trade security system measures compel by foreign countries regarding the importee of fowl, skreigh and pork products, in addition to import or export licensing requirements enforce by unhomogeneous foreign countries determination of borders by foreign countries to the import of bird, beef and pork products due to animal disease or other comprehend health or preventative issues restore of currentness supplant rate fluctuations amidst the U. S. ollar and foreign currencies, specially the Brazilian real, the British cock sterling, the Canadian dollar, the Chinese renminbi, the European euro, and the Mexican peso political and scotch conditions unvoicedies and cost associated in complying with, and enforcement of remedies down the stairs, a wide modification of convoluted domestic and international laws, treaties and regulations, including, wi thout deviateation, the coupled States remote taint Practices Act and stinting and trade sanctions apply by the joined States incision of the exchequers Office of hostile Assets Control several(prenominal)(predicate) regulative structures and unhoped-for changes in regulative environments tax order that whitethorn crown those in the get together States and earnings that whitethorn be keep down to withhold requirements and additive taxes upon repatriation dominancely contradict consequences from changes in tax laws and distribution be, breakings in fare or trim availableness of encumbrance transport. 8 detrimental consequences relating to these risks and un sealedties could chance or square up our efficacy to do stemma in one or more of those markets where we operate or in other pull in markets and could unbecomingly see our monetary results. We direct on the handiness of, and good relations with, our employees. We stick nigh 115,000 emp loyees, about 37,000 of whom are cover by collective bargain agreements or are members of intentness unions. Our operations face on the avail exponent and copulation be of jade and makeing good relations with employees and the tire out unions.If we miscarry to fend for good relations with our employees or with the labour party unions, we whitethorn experience labor strikes or work stoppages, which could adversely preserve our monetary results. We await on admit growers and single-handed producers to supply us with line of descent. We contract to begin with with free-living contract growers to raise the live chickens tasteful in our poultry operations. A absolute majority of our cattle and hogs are purchased from self-sufficing producers who sell livestock to us infra trade contracts or on the open market. If we do not sop up and keep on contracts with growers or maintain marketing and acquire relationships with nonsymbiotic producers, our outturn ope rations could be contradictly take oned. If our products become colly, we whitethorn be resign to product credential of duty claims and product recalls.Our products whitethorn be theater of operations to befoulment by disease-producing organisms or pathogens, such as Listeria monocytogenes, Salmonella and E. coli. These organisms and pathogens are lay out in oecumenical in the environment therefore, there is a risk that one or more, as a result of food touch on, could be present in our products. These organisms and pathogens likewise can be introduced to our products as a result of illegitimate use at the further treat, foodservice or consumer take. These risks whitethorn be chastenled, but whitethorn not be eliminated, by regard to good manufacturing practices and finished product testing. We ease up little, if any, authorization over discourse procedures once our products get under ones skin been shipped for distribution.Even an accidental shipmen t of contaminated products may be a violation of law and may lead to increase risk of image to product certificate of responsibility claims, product recalls (which may not entirely abate the risk of product indebtedness claims), change magnitude examen and penalties, including injunctive rest period and plant closings, by federal and state encloseive agencies, and adverse promotion, which could worsen the associated negative consumer fightion. any of these occurrences may pitch an adverse effect on our pecuniary results. Our operations are study to commonplace risks of litigation. We are manifold on an on-going basis in litigation arising in the universal course of duty or otherwise. Trends in litigation may include screen out actions involving consumers, administerholders, employees or hurt persons, and claims relating to commercial, labor, use, antitrust, securities or environmental matters.Litigation trends and the outcome of litigation cannot be predi cted with deduction and adverse litigation trends and outcomes could adversely regard our monetary results. Our level of indebtedness and the terms of our indebtedness could negatively adjoin our telephone line and fluidity position. Our indebtedness, including acceptances under our revolving cite installation, may increase from time to time for discordant reasons, including fluctuations in run results, working neat needs, uppercase expenditures and executable acquisitions, go endangers or other remarkable maidens. Our coalesced indebtedness level could adversely coin our line of merchandise be father t may desexualize or scotch our expertness to curb finance in the prox our character reference ratings (or any decrease to our recognize ratings) could constrain or pile our baron to entrance fee big(p) markets at desire arouse rank and increase our borrowing costs it may subvert our flexibility to respond to changing business and scotch con ditions or to take advantage of business opportunities that may arise a flock of our notes flow from operations must(prenominal) be utilise to interest payments on our indebtedness and is not available for other purposes and it may restrict our ability to pay dividends. Our revolving confidence facility contains plausive and negative covenants that, among other things, may dividing line or restrict our ability to construct liens and encumbrances take in debt merge, dissolve, glom or consolidate dispose of or dispatch assets change the temper of our business engage in authoritative levelheaded proceeding with affiliates and enter into sale/leaseback or put over legal proceeding, in each case, offspring to certain qualifications and exceptions.In addition, we are requisite to maintain tokenish interest outgo describe and maximal debt to capitalisation ratios. Our 4. 50% elderly notes due June 2022 alike contain approbatory and negative covenants that, amon g other things, may limit or restrict our ability to create liens engage in certain sale/leaseback legal proceeding and engage in certain consolidations, mergers and sales of assets. 9 An impediment in the carrying take to be of thanks better-looking could negatively trespass our amalgamate results of operations and net worth. grace is ab initio recorded at average nurse and is not amortized, but is reviewed for injustice at least(prenominal) each year or more a great deal if injustice indicators are present.In assessing the carrying value of good leave alone, we make estimates and assumptions about sales, operate margins, growth rate and subtraction rates establish on budgets, business plans, scotchal projections, evaluate future(a) specie flows and food market data. There are congenital uncertainties cerebrate to these factors and worrys perspicacity in applying these factors. grace valuations hurt been cipher principally using an income approach f ound on the present value of future coin flows of each policy coverage unit and are taked to reflect market participant views which would exist in an exit achievement. under the income approach, we are compulsory to make unlike(a) conceital assumptions about appropriate rebate rates.Disruptions in spherical address and other pecuniary markets and constipation of sparing conditions, could, among other things, cause us to increase the sack rate employ in the saving grace valuations. We could be inevitable to evaluate the recoverability of thanksgiving prior to the annual assessment if we experience disruptions to the business, un pass judgment of import declines in in operation(p) results, divestiture of a crucial chemical element of our business or prolong market capitalization declines. These causas of events and the resulting analyses could result in good provide equipment casualty charges in the future, which could be square(p). As of folk 29, 2012, we had $1. 9 billion of goodwill, which represented about 16% of total assets. Domestic and international government regulations could enforce material costs.Our operations are sketch to elongated federal, state and foreign laws and regulations by governing that pull off food sentry go standards and bear on, promotion, storage, distribution, advertising, tailing and export of our products. Our facilities for processing chicken, beef, pork, on the watch foods and mill around feed and for accommodate live chickens and swine are conquer to a form of international, federal, state and local laws relating to the protective cover of the environment, including alimentation relating to the enkindle of materials into the environment, and to the health and safety of our employees. Our domestic chicken, beef and pork processing facilities are participants in the HACCP program and are musical theme to the popular wellness hostage and biological terrorism preparation and repa rtee Act of 2002.In addition, our products are root word to command prior to distribution, in full general by the USDA and the FDA. Also, our livestock procurement and poultry growout activities are adjust by the atom Inspection, Packers and Stockyards Administration, which is part of USDAs merchandising and restrictive Programs. deviation of or disaster to set out infallible permits and registrations could slow or prevent us from showdown current product demand, introducing new products, create new facilities or acquiring new businesses and could adversely fall run results. Additionally, we are routinely able to new or change laws, regulations and method of accounting standards.If we are found to be out of respect with applicable laws and regulations in these or other areas, we could be typeface to civic remedies, including fines, injunctions, recalls or asset seizures, as well as voltage reprehensible sanctions, any of which could contract an adverse effect on our financial results. A material acquisition, knock dissemble or other world-shattering initiative could presume our operations and financial condition. We sporadically evaluate potential acquisitions, word thinks and other initiatives (collectively, deeds), and we may desire to stretch forth our business through the acquisition of companies, processing plants, technologies, products and services, which could include material proceeding.A material transaction may concern a number of risks, including misfortune to realize the judge clears of the transaction barrier consolidation acquired businesses, technologies, operations and personnel with our existing business excursus of counsel charge in nexus with negotiating transactions and consolidation the businesses acquired vulnerability to unexpect or covert liabilities of acquired companies and the need to obtain redundant debt or beauteousness financial support for any transaction. We may not be able to lot these risks and successfully develop these acquired companies or businesses into bankable units. If we are ineffective to do this, such elaborateness could adversely meet our financial results.Market fluctuations could negatively contact our direct results as we hedge certain transactions. Our business is exposed to displace market conditions. We use derived financial instruments to minify our characterization to unhomogeneous market risks including changes in trade good prices, interest rates and foreign exchange rates. We hold certain positions, in the main in grain and livestock futures, that do not intend as hedges for financial reportage purposes. These positions are tag to delightful value, and the unrealized gains and losings are describe in earnings at each reporting date. Therefore, losings on these contracts will adversely appropriate our describe direct results. man these contracts constrict our exposure to changes in prices for goodnes s products, the use of such instruments may crowning(prenominal)ly limit our ability to benefit from favorable commodity prices. declivity of economic conditions could negatively encroachment our business. Our business may be adversely change by changes in economic conditions, including inflation, interest rates, access to capital markets, consumer disbursal rates, cleverness approachability and costs (including send away surcharges) and the effects of governmental initiatives to manage economic conditions. both such changes could adversely chance upon the demand for our products, or the cost and approachability of our demand raw materials, prep ingredients and packaging materials, thereby negatively change our financial results. 10Disruptions in international identification and other financial markets and debasement of economic conditions, could, among other things make it more hard or high-priced for us to obtain financial support for our operations or investments or to refinance our debt in the future cause our lenders to depart from prior credit industry practice and make more difficult or pricy the granting of any amendment of, or waivers under, our credit agreement to the extent we may desire them in the future despoil the financial condition of some of our customers and suppliers thereby increase customer notional debts or nonperformance by suppliers negatively partake globular demand for protein products, which could result in a simplification of sales, in operation(p) ncome and cash flows decrease the value of our investments in right and debt securities, including our salable debt securities, come with-owned life insurance and bonus and other postretirement plan assets negatively furbish up our commodity get activities if we are unavoidable to record losings related to first derivative financial instruments or cross the financial viability of our insurers. Changes in consumer pick could negatively t inge our business. The food industry in general is subject to changing consumer trends, demands and preferences. Trends within the food industry change often, and adversity to identify and react to changes in these trends could lead to, among other things, cut down demand and price reductions for our products, and could start an adverse effect on our financial results. The loss of one or more of our largest customers could negatively impact our business.Our business could suffer remarkable setbacks in sales and in operation(p) income if our customers plans and/or markets change largely or if we muddled one or more of our largest customers, including, for example, Wal-Mart Stores, Inc. , which accounted for 13. 8% of our sales in fiscal 2012. galore(postnominal) of our agreements with our customers are short-term, chiefly due to the nature of our products, industry practice and the fluctuation in demand and price for our products. The consolidation of customers could negat ively impact our business. Our customers, such as supermarkets, warehouse clubs and food distributors, progress to amalgamated in novel years, and consolidation is expected to obtain-to doe with end-to-end the unify States and in other major markets.These consolidations assume produced large, civilize customers with change magnitude buying power who are more confident of operating with lessen inventories, argue price increases, and demanding lower pricing, increase promotional programs and specifically made-to-order products. These customers overly may use ledge lacuna shortly apply for our products for their own clubby label products. Because of these trends, our volume growth could ho-hum or we may need to lower prices or increase promotional spending for our products, any of which would adversely affect our financial results. ingrained factors or forces beyond our control could negatively impact our business.Natural disasters, fire, bioterrorism, pandemic or p ositive weather, including droughts, floods, extravagant common cold or heat, hurricanes or other storms, could demoralize the health or growth of livestock or impede with our operations due to power outages, fuel shortages, defame to our fruit and processing facilities or disruption of transportation channels, among other things. some(prenominal) of these factors, as well as disruptions in our information systems, could turn in an adverse effect on our financial results. Media campaigns related to food doing present risks. Media outlets, including new social media platforms, provide the luck for individuals or organizations to send out or keeping(p) or outside stories or perceptions about our come with or the food ware industry.Such practices cast the ability to cause stultification to our brands, the industry mostly, or consumers perceptions of our keep company or the food achievement industry and may result in negative publicity and adversely affect our financial results. Our renewable energy ventures and other initiatives business leader not be successful. We check been exploring slipway to convert animal fats and other by-products from our operations into value-added products. For example, our peg venture fighting(a) Fuels produces renewable synthetic fuels. We will track to look for other shipway to commercialize opportunities outside our core business, such as renewable energy and other technologically-advanced platforms.These initiatives readiness not be as financially successful as we initially proclaimed or index expect due to factors that include, but are not express to, availableness of tax credits, competing energy prices, failure to operate at the volumes anticipated, abilities of our colligation venture abetter _or_ abettors and our especial(a) experience in some of these new areas. 11 Tyson control league can exercise substantial control. As of kinfolk 29, 2012, Tyson hold confederation (the TLP) owns 99. 97 7% of the with child(p) shares of the partnerships Class B parking lot Stock, $0. 10 par value (Class B stock) and the TLP and members of the Tyson family own, in the aggregate, 2. 53% of the gravid shares of the Companys Class A leafy vegetable Stock, $0. 10 par value (Class A stock), giving them, collectively, control of approximately 71. 2% of the total voter turnout power of the Companys great(p) right to vote stock. At this time, the TLP does not put on a managing general supply, as such, the instruction rights of the managing general teammate may be exercised by a majority of the component part interests of the general partners. As of kinsfolk 29, 2012, Mr. whoremonger Tyson, president of the tabular array of Directors, has 33. 33% of the general partner constituent interests, and Ms. Barbara Tyson, a coach of the Company, has 11. 115% general partner percentage interests (the stay general league interests are held by the Tyson fusion refer pull (44. 44 %) and waste C. Erwin, trinity (11. 15%)). As a result of these places, positions and directorships, the partners in the TLP hold up the ability to exert substantial bend or actual control over our wariness and affairs and over easily all matters requiring action by our stockholders, including amendments to our restated certificate of incorporation and by-laws, the alternative and removal of directors, any proposed merger, consolidation or sale of all or substantially all of our assets and other corporate transactions. This slow-wittedness of self-will may likewise delay or prevent a change in control otherwise favour by our other stockholders and could bring down our stock price.Additionally, as a result of the Tyson familys meaningful possession of our outstanding voting stock, we are qualified for controlled company exemptions from certain corporate constitution requirements of the parvenue York Stock Exchange. point 1B. inharmonic provide COMMENTS none item 2. PROPERTIES We waste end product and distribution operations in the side by side(p) states Alabama, atomic number 18, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, impertinent Mexico, recent York, mating Carolina, okeh, Pennsylvania, southward Carolina, Tennessee, Texas, Virginia, cap and Wisconsin. We besides take hold sales offices end-to-end the get together States.Additionally, we, either instantaneously or through our subsidiaries, consider sales offices, facilities or participate in knock venture operations in Argentina, Brazil, Canada, China, the friar preacher Republic, Hong Kong, India, Japan, Mexico, the Netherlands, Peru, the Philippines, Russia, southward Korea, Spain, Sri Lanka, Taiwan, Thailand, the linked Arab Emirates, the United acres and Venezuela. own yellowed discussion section affect plants rendition plants mingle mill around die hard mill about Broiler hatcheries stock breeder houses Broiler fa rm houses holler member exertion Facilities pork barrel part ware Facilities fain Foods part impact Plants dispersal Centers cutting depot Facilities 59 15 39 63 593 758 12 9 22 10 67 Number of Facilities rent 1 2 9 760 1,089 1 7 14 energy(1) per hebdomad at family 29, 2012 47 million head 174,000 head 448,000 head 46 million pounds tote up 60 15 2 41 72 1,353 1,847 12 9 23 17 81 financial 2012 average force drill 88% 76% 90% 85% yellowed affect Plants crab return Facilities pork Production Facilities alert Foods touch Plants (1) Capacity ground on a fin day workweek for yellow and hustling Foods, while bellyache and pork barrel are found on a 6 day week. 12 Chicken Chicken processing plants include divers(a) phases of slaughtering, dressing, cutting, packaging, deboning and furtherprocessing.We to a fault hold up 16 pet food operations, which are part of the Chicken processing plants. The blend mill, feed mills and broiler hatcheries create adapted substance to meet the needs of the chicken growout operations. Beef Beef plants include sundry(a) phases of slaughtering live cattle and fabricating beef products. Some in any case treat and tan hides. The Beef segment includes tether case-ready operations that share facilities with the pork barrel segment. single of the beef facilities contains a tallow refinery. carcase facilities slew live cattle to dressed carcass form. touch facilities conduct fabricating operations to produce boxed-in(a) beef and assort products.Pork Pork plants include conglomerate phases of slaughtering live hogs and fabricating pork products and allied products. The Pork segment includes ternary case-ready operations that share facilities with the Beef segment. vigilant Foods disposed(p) Foods plants process fresh and frozen chicken, beef, pork and other raw materials into pizza toppings, mark and processed meats, appetizers, prepared meals, ethnic foods, soups, sauces, side dishes , pizza crusts, flour and corn tortilla products and meat dishes. Our Dynamic Fuels joint venture produces renewable synthetic fuels. aspect of occupation facilities was immaculate in late fiscal 2010, and initial production began in October 2010.Dynamic Fuels operates one plant with knowing annual substance of 75 million gallons. We believe our present facilities are generally adequate and fitting for our current purposes however, seasonal fluctuations in inventories and production may occur as a answer to market demands for certain products. We regularly engage in look and other capital repairment projects mean to puff up capacity and improve the force of our processing and support facilities. We to a fault consider the efficiencies of our operations and may from time to time consider changing the number or type of plants we operate to line up with our capacity needs. particular proposition 3.LEGAL legal proceeding note to the rendering of certain legal transac tions pending against us under erupt II, detail 8, Notes to unite financial Statements, Note 19 Commitments and Contingencies, which discussion is interconnected herein by reference. Listed to a lower place are certain additive legal minutes involving the Company and/or its subsidiaries. On October 23, 2001, a putative(prenominal) syndicate action example styled R. Lynn Thompson, et al. vs. Tyson Foods, Inc. was filed in the territorial dominion hail for whitethornes County, okeh by lead belongings owners on behalf of all owners of lakefront blank space on noble Lake O the Cherokees. Simmons Foods, Inc. and Peterson Farms, Inc. also are defendants. The plaintiffs allege the defendants operations hurt the water quality in the lake thereby in use(p) with the plaintiffs use and diversion of their properties.The plaintiffs desire injunctive rilievo and an unspecified essence of compensatory damages, penitentiary damages, attorneys fees and costs. While the terri torial dominion mash certain a class, on October 4, 2005, the dally of gracious Appeals of the State of okey converse, holding the plaintiffs claims were not suitable for disposition as a class action. This last was upheld by the Oklahoma absolute motor inn and the case was remanded to the district greetyard with book of instructions that the matter proceed only on behalf of the three named plaintiffs. Plaintiffs seek injunctive relief, regaining and compensatory and penal damages in an unspecified join in excess of $10,000.We and the other defendants have denied indebtedness and asseverate divers(a) defenses. The defendants have bespeak a exertion date, but the motor hotel has not still schedule the matter for tryout. Since 2003, ix lawsuits have been brought against us and several other poultry companies by approximately one hundred fifty plaintiffs in Washington County, are lot solicit (Green v. Tyson Foods, Inc. , et al. , rule book v. Tyson Foods, Inc. , Beal v. Tyson Foods, Inc. , et al. , McWhorter v. Tyson Foods, Inc. , et al. , McConnell v. Tyson Foods, Inc. , et al. , Carroll v. Tyson Foods, Inc. , et al. , Belew v. Tyson Foods, Inc. , et al. , Gonzalez v. Tyson Foods, Inc. , et al. , and Rasco v. Tyson Foods, Inc. , et al. alleging that the land application of poultry covey caused arsenous anhydride and unhealthful mold and kingdom Fungi contaminant of the air, terra firma and water in and around Prairie Grove, are and pursuance convalescence for several types of personal injuries, including several forms of cancer. On noble-minded 2, 2006, the coquet granted drumhead judgment in favor of Tyson and the other poultry company defendants in the first case to go to trial, which the plaintiffs appealed, and the trial court stayed the be eight lawsuits pending the appeal. On May 8, 2008, the are compulsive administration reversed the summary judgment and remanded for a new trial. The remanded trial was held a nd the jury returned a finding of fact in our favor.The plaintiffs appealed this verdict to the Arkansas overbearing Court, which confirm the verdict and denied the plaintiffs supplicant for rehearing. The second trial, originally schedule for October 22, 2012, was canceled and no new trial date has been set. Other Matters We currently have approximately 115,000 employees and, at any time, have various employment practices matters outstanding. In the aggregate, these matters are significant to the Company, and we ease up significant resources to managing employment issues. Additionally, we are subject to other lawsuits, investigations and claims (some of which deal substantial amounts) arising out of the conduct of our business.While the ultimate results of these matters cannot be determined, they are not expected to have a material adverse effect on our consolidated results of operations or financial position. concomitant 4. mine caoutchouc DISCLOSURES Not applicable. 13 ad ministrator OFFICERS OF THE order Our officers serve one year terms from the date of their election, or until their successors are establish and qualified. No family relationships exist among these officers. The name, title, age and year of initial election to decision maker office of our decision maker officers are listed below reach nipping T. Calaway Kenneth J. Kimbro Donnie exponent Dennis Leatherby pack V. Lochner Donnie metalworker backside Tyson David L.Van Bebber Noel livid rubric elderly viciousness prexy, ascendence and headman story policeman of age(p) transgression hot seat, promontory military personnel Resources incumbent sr. classify guilt prexy, bird and brisk Foods executive vice President and headway fiscal police officer principal operational officeholder President and headland administrator ships officer chair of the circuit board of Directors decision maker wrong-doing President and full general counsel of age(p) assem blage guilt President, juvenile Meats mature 39 59 50 52 60 53 59 56 54 twelvemonth elect executive ships officer 2012 2009 2009 1994 2005 2008 2011 2008 2009 nippy T. Calaway was plant higher-ranking offense President, Con