[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3408 Enrolled Bill (ENR)]
H.R.3408
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To reauthorize the Livestock Mandatory Reporting Act of 1999 and to
amend the swine reporting provisions of that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

4fd569542c7f7980eb4c7ccf6ade99cdb609f0c7965b6c03f9db4cb41ccc391b

(a) In General.--Chapter 5 of subtitle B of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at
the end the following new section:
``SEC. 260. TERMINATION OF AUTHORITY.
``The authority provided by this subtitle terminates on September
30, 2010.''.
(b) Conforming Amendment and Extension.--Section 942 of the
Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public
Law 106-78) is amended by striking ``terminate on September 30, 2005''
and inserting ``(other than section 911 of subtitle A and the
amendments made by that section) terminate on September 30, 2010''.

74ef5653b355af6faabe6e80e9bafb19838f704fc89a1a627672abc0993f5c95

(a) Base Market Hogs.--Section 231(4) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1635i(4)) is amended to read as follows:
``(4) Base market hog.--The term `base market hog' means a
barrow or gilt for which no discounts are subtracted from and no
premiums are added to the base price.''.
(b) Boars.--Section 231(5) of such Act (7 U.S.C. 1635i(5)) is
amended to read as follows:
``(5) Boar.--The term `boar' means a sexually-intact male
swine.''.
(c) Packer of Sows and Boars.--Section 231(12) of such Act (7
U.S.C. 1635i(12)) is amended by--
(1) striking subparagraph (B) and inserting the following new
subparagraph:
``(B) for any calendar year, the term includes only--
``(i) a swine processing plant that slaughtered an
average of at least 100,000 swine per year during the
immediately preceding five calendar years; and
``(ii) a person that slaughtered an average of at least
200,000 sows, boars, or any combination thereof, per year
during the immediately preceding five calendar years;
and''; and
(2) in subparagraph (C)--
(A) by inserting ``or person'' after ``swine processing
plant'';
(B) by inserting ``or person'' after ``plant capacity of
the processing plant''; and
(C) by inserting ``or person'' after ``determining whether
the processing plant''.

bc04fb4c1f5346dbc5d2b552c621161c5ed773c05e30492a2b11c54bad214cc1

Section 232(c) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635j(c)) is amended to read as follows:
``(c) Daily Reporting; Barrows and Gilts.--
``(1) Prior day report.--
``(A) In general.--The corporate officers or officially
designated representatives of each packer processing plant that
processes barrows or gilts shall report to the Secretary, for
each business day of the packer, such information as the
Secretary determines necessary and appropriate to--
``(i) comply with the publication requirements of this
section; and
``(ii) provide for the timely access to the information
by producers, packers, and other market participants.
``(B) Reporting deadline and plants required to report.--A
packer required to report under subparagraph (A) shall--
``(i) not later than 7:00 a.m. Central Time on each
reporting day, report information regarding all barrows and
gilts purchased or priced, and
``(ii) not later than 9:00 a.m. Central Time on each
reporting day, report information regarding all barrows and
gilts slaughtered,
during the prior business day of the packer.
``(C) Information required.--The information from the prior
business day of a packer required under this paragraph shall
include--
``(i) all purchase data, including--
``(I) the total number of--
``(aa) barrows and gilts purchased; and
``(bb) barrows and gilts scheduled for
delivery; and
``(II) the base price and purchase data for
slaughtered barrows and gilts for which a price has
been established;
``(ii) all slaughter data for the total number of
barrows and gilts slaughtered, including--
``(I) information concerning the net price, which
shall be equal to the total amount paid by a packer to
a producer (including all premiums, less all discounts)
per hundred pounds of carcass weight of barrows and
gilts delivered at the plant--
``(aa) including any sum deducted from the
price per hundredweight paid to a producer that
reflects the repayment of a balance owed by the
producer to the packer or the accumulation of a
balance to later be repaid by the packer to the
producer; and
``(bb) excluding any sum earlier paid to a
producer that must later be repaid to the packer;
``(II) information concerning the average net
price, which shall be equal to the quotient (stated per
hundred pounds of carcass weight of barrows and gilts)
obtained by dividing--
``(aa) the total amount paid for the barrows
and gilts slaughtered at a packing plant during the
applicable reporting period, including all premiums
and discounts, and including any sum deducted from
the price per hundredweight paid to a producer that
reflects the repayment of a balance owed by the
producer to the packer, or the accumulation of a
balance to later be repaid by the packer to the
producer, less all discounts; by
``(bb) the total carcass weight (in hundred
pound increments) of the barrows and gilts;
``(III) information concerning the lowest net
price, which shall be equal to the lowest net price
paid for a single lot or a group of barrows or gilts
slaughtered at a packing plant during the applicable
reporting period per hundred pounds of carcass weight
of barrows and gilts;
``(IV) information concerning the highest net
price, which shall be equal to the highest net price
paid for a single lot or group of barrows or gilts
slaughtered at a packing plant during the applicable
reporting period per hundred pounds of carcass weight
of barrows and gilts;
``(V) the average carcass weight, which shall be
equal to the quotient obtained by dividing--
``(aa) the total carcass weight of the barrows
and gilts slaughtered at the packing plant during
the applicable reporting period, by
``(bb) the number of the barrows and gilts
described in item (aa),
adjusted for special slaughter situations (such as
skinning or foot removal), as the Secretary determines
necessary to render comparable carcass weights;
``(VI) the average sort loss, which shall be equal
to the average discount (in dollars per hundred pounds
carcass weight) for barrows and gilts slaughtered
during the applicable reporting period, resulting from
the fact that the barrows and gilts did not fall within
the individual packer's established carcass weight or
lot variation range;
``(VII) the average backfat, which shall be equal
to the average of the backfat thickness (in inches)
measured between the third and fourth from the last
ribs, 7 centimeters from the carcass split (or adjusted
from the individual packer's measurement to that
reference point using an adjustment made by the
Secretary) of the barrows and gilts slaughtered during
the applicable reporting period;
``(VIII) the average lean percentage, which shall
be equal to the average percentage of the carcass
weight comprised of lean meat for the barrows and gilts
slaughtered during the applicable reporting period,
except that when a packer is required to report the
average lean percentage under this subclause, the
packer shall make available to the Secretary the
underlying data, applicable methodology and formulae,
and supporting materials used to determine the average
lean percentage, which the Secretary may convert to the
carcass measurements or lean percentage of the barrows
and gilts of the individual packer to correlate to a
common percent lean measurement; and
``(IX) the total slaughter quantity, which shall be
equal to the total number of barrows and gilts
slaughtered during the applicable reporting period,
including all types of purchases and barrows and gilts
that qualify as packer-owned swine; and
``(iii) packer purchase commitments, which shall be
equal to the number of barrows and gilts scheduled for
delivery to a packer for slaughter for each of the next 14
calendar days.
``(D) Publication.--
``(i) In general.--The Secretary shall publish the
information obtained under this paragraph in a prior day
report--
``(I) in the case of information regarding barrows
and gilts purchased or priced, not later than 8:00 a.m.
Central Time, and
``(II) in the case of information regarding barrows
and gilts slaughtered, not later than 10:00 a.m.
Central Time,
on the reporting day on which the information is received
from the packer.
``(ii) Price distributions.--The information published
by the Secretary under clause (i) shall include a
distribution of net prices in the range between and
including the lowest net price and the highest net price
reported. The publication shall include a delineation of
the number of barrows and gilts at each reported price
level or, at the option of the Secretary, the number of
barrows and gilts within each of a series of reasonable
price bands within the range of prices.
``(2) Morning report.--
``(A) In general.--The corporate officers or officially
designated representatives of each packer processing plant that
processes barrows or gilts shall report to the Secretary not
later than 10:00 a.m. Central Time each reporting day--
``(i) the packer's best estimate of the total number of
barrows and gilts, and barrows and gilts that qualify as
packer-owned swine, expected to be purchased throughout the
reporting day through each type of purchase;
``(ii) the total number of barrows and gilts, and
barrows and gilts that qualify as packer-owned swine,
purchased up to that time of the reporting day through each
type of purchase;
``(iii) the base price paid for all base market hogs
purchased up to that time of the reporting day through
negotiated purchases; and
``(iv) the base price paid for all base market hogs
purchased through each type of purchase other than
negotiated purchase up to that time of the reporting day,
unless such information is unavailable due to pricing that
is determined on a delayed basis.
``(B) Publication.--The Secretary shall publish the
information obtained under this paragraph in the morning report
as soon as practicable, but not later than 11:00 a.m. Central
Time, on each reporting day.
``(3) Afternoon report.--
``(A) In general.--The corporate officers or officially
designated representatives of each packer processing plant that
processes barrows or gilts shall report to the Secretary not
later than 2:00 p.m. Central Time each reporting day--
``(i) the packer's best estimate of the total number of
barrows and gilts, and barrows and gilts that qualify as
packer-owned swine, expected to be purchased throughout the
reporting day through each type of purchase;
``(ii) the total number of barrows and gilts, and
barrows and gilts that qualify as packer-owned swine,
purchased up to that time of the reporting day through each
type of purchase;
``(iii) the base price paid for all base market hogs
purchased up to that time of the reporting day through
negotiated purchases; and
``(iv) the base price paid for all base market hogs
purchased up to that time of the reporting day through each
type of purchase other than negotiated purchase, unless
such information is unavailable due to pricing that is
determined on a delayed basis.
``(B) Publication.--The Secretary shall publish the
information obtained under this paragraph in the afternoon
report as soon as practicable, but not later than 3:00 p.m.
Central Time, on each reporting day.''.

de17696679af1116a3b56d60fd168253c47a6975f89dc27e65ec1aa99ccbdf84

Section 232 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635j) is amended by--
(1) redesignating subsection (d) as subsection (e); and
(2) inserting after subsection (c) the following new
subsection:
``(d) Daily Reporting; Sows and Boars.--
``(1) Prior day report.--The corporate officers or officially
designated representatives of each packer of sows and boars shall
report to the Secretary, for each business day of the packer, such
information reported by hog class as the Secretary determines
necessary and appropriate to--
``(A) comply with the publication requirements of this
section; and
``(B) provide for the timely access to the information by
producers, packers, and other market participants.
``(2) Reporting.--Not later than 9:30 a.m. Central Time, or
such other time as the Secretary considers appropriate, on each
reporting day, a packer required to report under paragraph (1)
shall report information regarding all sows and boars purchased or
priced during the prior business day of the packer.
``(3) Information required.--The information from the prior
business day of a packer required under this subsection shall
include all purchase data, including--
``(A) the total number of sows purchased and the total
number of boars purchased, each divided into at least three
reasonable and meaningful weight classes specified by the
Secretary;
``(B) the number of sows that qualify as packer-owned
swine;
``(C) the number of boars that qualify as packer-owned
swine;
``(D) the average price paid for all sows;
``(E) the average price paid for all boars;
``(F) the average price paid for sows in each weight class
specified by the Secretary under subparagraph (A);
``(G) the average price paid for boars in each weight class
specified by the Secretary under subparagraph (A);
``(H) the number of sows and the number of boars for which
prices are determined, by each type of purchase;
``(I) the average prices for sows and the average prices
for boars for which prices are determined, by each type of
purchase; and
``(J) such other information as the Secretary considers
appropriate to carry out this subsection.
``(4) Price calculations without packer-owned swine.--A packer
shall omit the prices of sows and boars that qualify as packer-
owned swine from all average price calculations, price range
calculations, and reports required by this subsection.
``(5) Reporting exception: public auction purchases.--The
information required to be reported under this subsection shall not
include purchases of sows or boars made by agents of the reporting
packer at a public auction at which the title of the sows and boars
is transferred directly from the producer to such packer.
``(6) Publication.--The Secretary shall publish the information
obtained under this paragraph in a prior day report not later than
11:00 a.m. Central Time on the reporting day on which the
information is received from the packer.
``(7) Electronic submission of information.--The Secretary of
Agriculture shall provide for the electronic submission of any
information required to be reported under this subsection through
an Internet website or equivalent electronic means maintained by
the Department of Agriculture.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

30f3f86266605224e7586d77b84c3dd5e3bb8ed8af8a54ff1007af78b3f2b730

To reauthorize the Livestock Mandatory Reporting Act of 1999 and to amend the swine reporting provisions of that Act. — HR. 3408

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