Livestock Mandatory Reporting Act of 1999

Livestock Mandatory Reporting Act1
CHAPTER 1–PURPOSE; DEFINITIONS
SEC. 211. [7 U.S.C. 1635] PURPOSE.
The purpose of this subtitle is to establish a program of information regarding the marketing of cattle, swine, lambs, and products of such livestock that–
(1) provides information that can be readily understood by producers,
packers, and other market participants, including information with respect to
the pricing, contracting for purchase, and supply and demand conditions for
livestock, livestock production, and livestock products;
(2) improves the price and supply reporting services of the Department of
Agriculture; and
(3) encourages competition in the marketplace for livestock and livestock
products.
SEC. 212. [7 U.S.C. 1635a] DEFINITIONS.
In this subtitle:
(1) BASE PRICE.–The term “base price” means the price paid for livestock, delivered at the packing plant, before application of any premiums or
discounts, expressed in dollars per hundred pounds of carcass weight.
(2) BASIS LEVEL.–The term “basis level” means the agreed-on adjustment
to a future price to establish the final price paid for livestock.
(3) CURRENT SLAUGHTER WEEK.–The term “current slaughter week”
means the period beginning Monday, and ending Sunday, of the week in
which a reporting day occurs.
(4) F.O.B.–The term “F.O.B.” means free on board, regardless of the
mode of transportation, at the point of direct shipment by the seller to the
buyer.
(5) LIVESTOCK.–The term “livestock” means cattle, swine, and lambs.
(6) LOT.–The term “lot” means a group of one or more livestock that is
identified for the purpose of a single transaction between a buyer and a
seller.
(7) MARKETING.–The term “marketing” means the sale or other disposition of livestock, livestock products, or meat or meat food products in
commerce.
________________
1
This subtitle was added by section 911(2) of title IX of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000 (Public Law 106-78). Section 942 of that title (113 Stat. 1211; 7
U.S.C. 1635 note), as amended by section 1 of Public Law 108-444 (118 Stat.
2635) and section 1(b) of Public Law 109-296 (120 Stat. 1464) provides that:
“The authority provided by this title and the amendments made by this title
(other than section 911 of subtitle A and the amendments made by that section)
terminate on September 30, 2010.”

(8) NEGOTIATED PURCHASE.–The term “negotiated purchase” means a
cash or spot market purchase by a packer of livestock from a producer under
which–
(A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and
(B) the livestock are scheduled for delivery to the packer not later
than 14 days after the date on which the livestock are committed to the
packer.
(9) NEGOTIATED SALE.–The term “negotiated sale” means a cash or spot
market sale by a producer of livestock to a packer under which–
(A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and
(B) the livestock are scheduled for delivery to the packer not later
than 14 days after the date on which the livestock are committed to the
packer.
(10) PRIOR SLAUGHTER WEEK.–The term “prior slaughter week” means
the Monday through Sunday prior to a reporting day.
(11) PRODUCER.–The term “producer” means any person engaged in the
business of selling livestock to a packer for slaughter (including the sale of
livestock from a packer to another packer).
(12) REPORTING DAY.–The term “reporting day” means a day on which–
(A) a packer conducts business regarding livestock committed to the
packer, or livestock purchased, sold, or slaughtered by the packer;
(B) the Secretary is required to make information concerning the
business described in subparagraph (A) available to the public; and
(C) the Department of Agriculture is open to conduct business.
(13) SECRETARY.–The term “Secretary” means the Secretary of Agriculture.
(14) STATE.–The term “State” means each of the 50 States.

CHAPTER 2–CATTLE REPORTING
SEC. 221. [7 U.S.C. 1635d] DEFINITIONS.
In this chapter:
(1) CATTLE COMMITTED.–The term “cattle committed” means cattle that
are scheduled to be delivered to a packer within the 7-day period beginning
on the date of an agreement to sell the cattle.
(2) CATTLE TYPE.–The term “cattle type” means the following types of
cattle purchased for slaughter:
(A) Fed steers.
(B) Fed heifers.
(C) Fed Holsteins and other fed dairy steers and heifers.
(D) Cows.
(E) Bulls.
(3) FORMULA MARKETING ARRANGEMENT.–The term “formula marketing
arrangement” means the advance commitment of cattle for slaughter by any

means other than through a negotiated purchase or a forward contract, using
a method for calculating price in which the price is determined at a future
date.
(4) FORWARD CONTRACT.–The term “forward contract” means–
(A) an agreement for the purchase of cattle, executed in advance of
slaughter, under which the base price is established by reference to–
(i) prices quoted on the Chicago Mercantile Exchange; or
(ii) other comparable publicly available prices; or
(B) such other forward contract as the Secretary determines to be applicable.
(5) PACKER.–The term “packer” means any person engaged in the business of buying cattle in commerce for purposes of slaughter, of manufacturing or preparing meats or meat food products from cattle for sale or shipment
in commerce, or of marketing meats or meat food products from cattle in an
unmanufactured form acting as a wholesale broker, dealer, or distributor in
commerce, except that–
(A) the term includes only a cattle processing plant that is federally
inspected;
(B) for any calendar year, the term includes only a cattle processing
plant that slaughtered an average of at least 125,000 head of cattle per
year during the immediately preceding 5 calendar years; and
(C) in the case of a cattle processing plant that did not slaughter cattle
during the immediately preceding 5 calendar years, the Secretary shall
consider the plant capacity of the processing plant in determining
whether the processing plant should be considered a packer under this
chapter.
(6) PACKER-OWNED CATTLE.–The term “packer-owned cattle” means cattle that a packer owns for at least 14 days immediately before slaughter.
(7) TERMS OF TRADE.–The term “terms of trade” includes, with respect to
the purchase of cattle for slaughter–
(A) whether a packer provided any financing agreement or arrangement with regard to the cattle;
(B) whether the delivery terms specified the location of the producer
or the location of the packer’s plant;
(C) whether the producer is able to unilaterally specify the date and
time during the business day of the packer that the cattle are to be delivered for slaughter; and
(D) the percentage of cattle purchased by a packer as a negotiated
purchase that are delivered to the plant for slaughter more than 7 days,
but fewer than 14 days, after the earlier of–
(i) the date on which the cattle were committed to the packer; or
(ii) the date on which the cattle were purchased by the packer.
(8) TYPE OF PURCHASE.–The term “type of purchase”, with respect to cattle, means–
(A) a negotiated purchase;
(B) a formula market arrangement; and
(C) a forward contract.

SEC. 222. [7 U.S.C. 1635e] MANDATORY REPORTING FOR LIVE CATTLE.
(a) ESTABLISHMENT.–The Secretary shall establish a program of live cattle
price information reporting that will–
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the cattle slaughtering industry.
(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS AND THE
SECRETARY.–
(1) IN GENERAL.–Whenever the prices or quantities of cattle are required
to be reported or published under this section, the prices or quantities shall be
categorized so as to clearly delineate–
(A) the prices or quantities, as applicable, of the cattle purchased in
the domestic market; and
(B) the prices or quantities, as applicable, of imported cattle.
(2) PACKER-OWNED CATTLE.–Information required under this section for
packer-owned cattle shall include quantity and carcass characteristics, but
not price.
(c) DAILY REPORTING.–
(1) IN GENERAL.–The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least
twice each reporting day (including once not later than 10:00 a.m. Central
Time and once not later than 2:00 p.m. Central Time) the following information for each cattle type:
(A) The prices for cattle (per hundredweight) established on that day,
categorized by–
(i) type of purchase;
(ii) the quantity of cattle purchased on a live weight basis;
(iii) the quantity of cattle purchased on a dressed weight basis;
(iv) a range of the estimated live weights of the cattle purchased;
(v) an estimate of the percentage of the cattle purchased that were
of a quality grade of choice or better; and
(vi) any premiums or discounts associated with–
(I) weight, grade, or yield; or
(II) any type of purchase.
(B) The quantity of cattle delivered to the packer (quoted in numbers
of head) on that day, categorized by–
(i) type of purchase;
(ii) the quantity of cattle delivered on a live weight basis; and
(iii) the quantity of cattle delivered on a dressed weight basis.
(C) The quantity of cattle committed to the packer (quoted in numbers of head) as of that day, categorized by–
(i) type of purchase;
(ii) the quantity of cattle committed on a live weight basis; and
(iii) the quantity of cattle committed on a dressed weight basis.
(D) The terms of trade regarding the cattle, as applicable.

(2) PUBLICATION.–The Secretary shall make the information available to
the public not less frequently than three times each reporting day.
(d) WEEKLY REPORTING.–
(1) IN GENERAL.–The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, on the
first reporting day of each week, not later than 9:00 a.m. Central Time, the
following information applicable to the prior slaughter week:
(A) The quantity of cattle purchased through a forward contract that
were slaughtered.
(B) The quantity of cattle delivered under a formula marketing arrangement that were slaughtered.
(C) The quantity and carcass characteristics of packer-owned cattle
that were slaughtered.
(D) The quantity, basis level, and delivery month for all cattle purchased through forward contracts that were agreed to by the parties.
(E) The range and average of intended premiums and discounts that
are expected to be in effect for the current slaughter week.
(2) FORMULA PURCHASES.–The corporate officers or officially designated
representatives of each packer processing plant shall report to the Secretary,
on the first reporting day of each week, not later than 9:00 a.m. Central
Time, the following information for cattle purchased through a formula marketing arrangement and slaughtered during the prior slaughter week:
(A) The quantity (quoted in both numbers of head and hundredweights) of cattle.
(B) The weighted average price paid for a carcass, including applicable premiums and discounts.
(C) The range of premiums and discounts paid.
(D) The weighted average of premiums and discounts paid.
(E) The range of prices paid.
(F) The aggregate weighted average price paid for a carcass.
(G) The terms of trade regarding the cattle, as applicable.
(3) PUBLICATION.–The Secretary shall make available to the public the
information obtained under paragraphs (1) and (2) on the first reporting day
of the current slaughter week, not later than 10:00 a.m. Central Time.
(e) REGIONAL REPORTING OF CATTLE TYPES.–
(1) IN GENERAL.–The Secretary shall determine whether adequate data
can be obtained on a regional basis for fed Holsteins and other fed dairy
steers and heifers, cows, and bulls based on the number of packers required
to report under this section.
(2) REPORT.–Not later than 2 years after the date of the enactment of this
subtitle, the Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Secretary under paragraph (1).

SEC. 223. [7 U.S.C. 1635f] MANDATORY PACKER REPORTING OF
BOXED BEEF SALES.
(a) DAILY REPORTING.–The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least
twice each reporting day (not less than once before, and once after, 12:00 noon
Central Time) information on total boxed beef sales, including–
(1) the price for each lot of each negotiated boxed beef sale (determined
by seller-buyer interaction and agreement), quoted in dollars per hundredweight (on a F.O.B. plant basis);
(2) the quantity for each lot of each sale, quoted by number of boxes
sold; and
(3) information regarding the characteristics of each lot of each sale, including–
(A) the grade of beef (USDA Choice or better, USDA Select, or ungraded no-roll product);
(B) the cut of beef; and
(C) the trim specification.
(b) PUBLICATION.–The Secretary shall make available to the public the information required to be reported under subsection (a) not less frequently than
twice each reporting day.

CHAPTER 3–SWINE REPORTING
SEC. 231. [7 U.S.C. 1635i] DEFINITIONS.
In this chapter:
(1) AFFILIATE.–The term “affiliate”, with respect to a packer, means–
(A) a person that directly or indirectly owns, controls, or holds with
power to vote, 5 percent or more of the outstanding voting securities of
the packer;
(B) a person 5 percent or more of whose outstanding voting securities
are directly or indirectly owned, controlled, or held with power to vote,
by the packer; and
(C) a person that directly or indirectly controls, or is controlled by or
under common control with, the packer.
(2) APPLICABLE REPORTING PERIOD.–The term “applicable reporting period” means the period of time prescribed by the prior day report, the morning report, and the afternoon report, as required under section 232(c).
(3) BARROW.–The term “barrow” means a neutered male swine.
(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.
(5) BOAR.–The term “boar” means a sexually-intact male swine.”
(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–
(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
(C) in the case of a swine processing plant or person that did not
slaughter swine during the immediately preceding 5 calendar years, the
Secretary shall consider the plant capacity of the processing plant or person in determining whether the processing plant or person should be
considered a packer under this chapter.
(13) PACKER-OWNED SWINE.–The term “packer-owned swine” means
swine that a packer (including a subsidiary or affiliate of the packer) owns
for at least 14 days immediately before slaughter.
(14) PACKER-SOLD SWINE.–The term “packer-sold swine” means the
swine that are–

(A) owned by a packer (including a subsidiary or affiliate of the
packer) for more than 14 days immediately before sale for slaughter; and
(B) sold for slaughter to another packer.
(15) PORK.–The term “pork” means the meat of a porcine animal.
(16) PORK PRODUCT.–The term “pork product” means a product or byproduct produced or processed in whole or in part from pork.
(17) PURCHASE DATA.–The term “purchase data” means all of the applicable data, including weight (if purchased live), for all swine purchased during the applicable reporting period, regardless of the expected delivery date
of the swine, reported by–
(A) hog class;
(B) type of purchase; and
(C) packer-owned swine.
(18) SLAUGHTER DATA.–The term “slaughter data” means all of the applicable data for all swine slaughtered by a packer during the applicable reporting period, regardless of when the price of the swine was negotiated or
otherwise determined, reported by–
(A) hog class;
(B) type of purchase; and
(C) packer-owned swine.
(19) SOW.–The term “sow” means an adult female swine that has produced one or more litters.
(20) SWINE.–The term “swine” means a porcine animal raised to be a
feeder pig, raised for seedstock, or raised for slaughter.
(21) SWINE OR PORK MARKET FORMULA PURCHASE.–The term “swine or
pork market formula purchase” means a purchase of swine by a packer in
which the pricing mechanism is a formula price based on a market for swine,
pork, or a pork product, other than a future or option for swine, pork, or a
pork product.
(22) TYPE OF PURCHASE.–The term “type of purchase”, with respect to
swine, means–
(A) a negotiated purchase;
(B) other market formula purchase;
(C) a swine or pork market formula purchase; and
(D) other purchase arrangement.
SEC. 232. [7 U.S.C. 1635j] MANDATORY REPORTING FOR SWINE.
(a) ESTABLISHMENT.–The Secretary shall establish a program of swine price
information reporting that will–
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the swine slaughtering industry.
(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS AND THE
SECRETARY.–
(1) IN GENERAL.–The Secretary shall establish and implement a price reporting program in accordance with this section that includes the reporting
and publication of information required under this section.

(2) PACKER-OWNED SWINE.–Information required under this section for
packer-owned swine shall include quantity and carcass characteristics, but
not price.
(3) PACKER-SOLD SWINE.–If information regarding the type of purchase
is required under this section, the information shall be reported according to
the numbers and percentages of each type of purchase comprising–
(A) packer-sold swine; and
(B) all other swine.
(4) ADDITIONAL INFORMATION.–
(A) REVIEW.–The Secretary shall review the information required to
be reported by packers under this section at least once every 2 years.
(B) OUTDATED INFORMATION.–After public notice and an opportunity for comment, subject to subparagraph (C), the Secretary shall promulgate regulations that specify additional information that shall be reported under this section if the Secretary determines under the review
under subparagraph (A) that–
(i) information that is currently required no longer accurately reflects the methods by which swine are valued and priced by packers;
or
(ii) packers that slaughter a significant majority of the swine produced in the United States no longer use backfat or lean percentage
factors as indicators of price.
(C) LIMITATION.–Under subparagraph (B), the Secretary may not require packers to provide any new or additional information that–
(i) is not generally available or maintained by packers; or
(ii) would be otherwise unduly burdensome to provide.
(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 purchases 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 al 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 high-

est 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.

(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.
(e) WEEKLY NONCARCASS MERIT PREMIUM REPORT.–
(1) IN GENERAL.–Not later than 4:00 p.m. Central Time on the first reporting day of each week, the corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary a
noncarcass merit premium report that lists–
(A) each category of standard noncarcass merit premiums used by the
packer in the prior slaughter week; and
(B) the amount (in dollars per hundred pounds of carcass weight)
paid to producers by the packer, by category.
(2) PREMIUM LIST.–A packer shall maintain and make available to a producer, on request, a current listing of the dollar values (per hundred pounds
of carcass weight) of each noncarcass merit premium used by the packer during the current or the prior slaughter week.
(3) AVAILABILITY.–A packer shall not be required to pay a listed noncarcass merit premium to a producer that meets the requirements for the premium if the need for swine in a given category is filled at a particular point
in time.
(4) PUBLICATION.–The Secretary shall publish the information obtained
under this subsection as soon as practicable, but not later than 5:00 p.m. Central Time, on the first reporting day of each week.

CHAPTER 4–LAMB REPORTING
SEC. 241. [7 U.S.C. 1635m] MANDATORY REPORTING FOR LAMBS.
(a) ESTABLISHMENT.–The Secretary may establish a program of mandatory
lamb price information reporting that will–
(1) provide timely, accurate, and reliable market information;
(2) facilitate more informed marketing decisions; and
(3) promote competition in the lamb slaughtering industry.
(b) NOTICE AND COMMENT.–If the Secretary establishes a mandatory price
reporting program under subsection (a), the Secretary shall provide an opportunity for comment on proposed regulations to establish the program during the
30-day period beginning on the date of the publication of the proposed regulations.

CHAPTER 5–ADMINISTRATION
SEC. 251. [7 U.S.C. 1636] GENERAL PROVISIONS.
(a) CONFIDENTIALITY.–The Secretary shall make available to the public information, statistics, and documents obtained from, or submitted by, packers,
retail entities, and other persons under this subtitle in a manner that ensures that
confidentiality is preserved regarding–

(1) the identity of persons, including parties to a contract; and
(2) proprietary business information.
(b) DISCLOSURE BY FEDERAL GOVERNMENT EMPLOYEES.–
(1) IN GENERAL.–Subject to paragraph (2), no officer, employee, or agent
of the United States shall, without the consent of the packer or other person
concerned, divulge or make known in any manner, any facts or information
regarding the business of the packer or other person that was acquired
through reporting required under this subtitle.
(2) EXCEPTIONS.–Information obtained by the Secretary under this subtitle may be disclosed–
(A) to agents or employees of the Department of Agriculture in the
course of their official duties under this subtitle;
(B) as directed by the Secretary or the Attorney General, for enforcement purposes; or
(C) by a court of competent jurisdiction.
(3) DISCLOSURE UNDER FREEDOM OF INFORMATION ACT.– Notwithstanding any other provision of law, no facts or information obtained under this
subtitle shall be disclosed in accordance with section 552 of title 5, United
States Code.
(c) REPORTING BY PACKERS.–A packer shall report all information required
under this subtitle on an individual lot basis.
(d) REGIONAL REPORTING AND AGGREGATION.–The Secretary shall make
information obtained under this subtitle available to the public only in a manner
that–
(1) ensures that the information is published on a national and a regional
or statewide basis as the Secretary determines to be appropriate;
(2) ensures that the identity of a reporting person is not disclosed; and
(3) conforms to aggregation guidelines established by the Secretary.
(e) ADJUSTMENTS.–Prior to the publication of any information required under this subtitle, the Secretary may make reasonable adjustments in information
reported by packers to reflect price aberrations or other unusual or unique occurrences that the Secretary determines would distort the published information to
the detriment of producers, packers, or other market participants.
(f ) VERIFICATION.–The Secretary shall take such actions as the Secretary
considers necessary to verify the accuracy of the information submitted or reported under chapter 2, 3, or 4.
(g) ELECTRONIC REPORTING AND PUBLISHING.–
(1) IN GENERAL.—The Secretary shall, to the maximum extent practicable, provide for the reporting and publishing of the information required under this subtitle by electronic means.
(2) IMPROVEMENTS AND EDUCATION.—
(A) ENHANCED ELECTRONIC PUBLISHING.—The Secretary shall develop and implement an enhanced system of electronic publishing to disseminate information collected pursuant to this subtitle. Such system
shall—
(i) present information in a format that can be readily understood
by producers, packers, and other market participants;

(ii) adhere to the publication deadlines in this subtitle;
(iii) present information in charts and graphs, as appropriate;
(iv) present comparative information for prior reporting periods,
as the Secretary considers appropriate; and
(v) be updated as soon as practicable after information is reported
to the Secretary.
(B) EDUCATION.— The Secretary shall carry out a market news education program to educate the public and persons in the livestock and
meat industries about—
(i) usage of the system developed under subparagraph (A); and
(ii) interpreting and understanding information collected and disseminated through such system.
(h) REPORTING OF ACTIVITIES ON WEEKENDS AND HOLIDAYS.–
(1) IN GENERAL.–Livestock committed to a packer, or purchased, sold, or
slaughtered by a packer, on a weekend day or holiday shall be reported by
the packer to the Secretary (to the extent required under this subtitle), and
reported by the Secretary, on the immediately following reporting day.
(2) LIMITATION ON REPORTING BY PACKERS.–A packer shall not be required to report actions under paragraph (1) more than once on the immediately following reporting day.
(i) EFFECT ON OTHER LAWS.–Nothing in this subtitle, the Livestock Mandatory Reporting Act of 1999, or amendments made by that Act restricts or modifies the authority of the Secretary to–
(1) administer or enforce the Packers and Stockyards Act, 1921 (7 U.S.C.
181 et seq.);
(2) administer, enforce, or collect voluntary reports under this title or any
other law; or
(3) access documentary evidence as provided under sections 9 and 10 of
the Federal Trade Commission Act (15 U.S.C. 49, 50).
SEC. 252. [7 U.S.C. 1636a] UNLAWFUL ACTS.
It shall be unlawful and a violation of this subtitle for any packer or other
person subject to this subtitle (in the submission of information required under
chapter 2, 3, or 4, as determined by the Secretary) to willfully–
(1) fail or refuse to provide, or delay the timely reporting of, accurate information to the Secretary (including estimated information);
(2) solicit or request that a packer, the buyer or seller of livestock or livestock products, or any other person fail to provide, as a condition of any
transaction, accurate or timely information required under this subtitle;
(3) fail or refuse to comply with this subtitle; or
(4) report estimated information in any report required under this subtitle
in a manner that demonstrates a pattern of significant variance in accuracy
when compared to the actual information that is reported for the same reporting period, or as determined by any audit, oversight, or other verification
procedures of the Secretary.

SEC. 253. [7 U.S.C. 1636b] ENFORCEMENT.
(a) CIVIL PENALTY.–
(1) IN GENERAL.–Any packer or other person that violates this subtitle
may be assessed a civil penalty by the Secretary of not more than $10,000 for
each violation.
(2) CONTINUING VIOLATION.–Each day during which a violation continues shall be considered to be a separate violation.
(3) FACTORS.–In determining the amount of a civil penalty to be assessed
under paragraph (1), the Secretary shall consider the gravity of the offense,
the size of the business involved, and the effect of the penalty on the ability
of the person that has committed the violation to continue in business.
(4) MULTIPLE VIOLATIONS.–In determining whether to assess a civil penalty under paragraph (1), the Secretary shall consider whether a packer or
other person subject to this subtitle has engaged in a pattern of errors, delays,
or omissions in violation of this subtitle.
(b) CEASE AND DESIST.–In addition to, or in lieu of, a civil penalty under
subsection (a), the Secretary may issue an order to cease and desist from continuing any violation.
(c) NOTICE AND HEARING.–No penalty shall be assessed, or cease and desist
order issued, by the Secretary under this section unless the person against which
the penalty is assessed or to which the order is issued is given notice and opportunity for a hearing before the Secretary with respect to the violation.
(d) FINALITY AND JUDICIAL REVIEW.–
(1) IN GENERAL.–The order of the Secretary assessing a civil penalty or
issuing a cease and desist order under this section shall be final and conclusive unless the affected person files an appeal of the order of the Secretary in
United States district court not later than 30 days after the date of the issuance of the order.
(2) STANDARD OF REVIEW.–A finding of the Secretary under this section
shall be set aside only if the finding is found to be unsupported by substantial
evidence.
(e) ENFORCEMENT.–
(1) IN GENERAL.–If, after the lapse of the period allowed for appeal or
after the affirmance of a penalty assessed under this section, the person
against which the civil penalty is assessed fails to pay the penalty, the Secretary may refer the matter to the Attorney General who may recover the penalty by an action in United States district court.
(2) FINALITY.–In the action, the final order of the Secretary shall not be
subject to review.
(f ) INJUNCTION OR RESTRAINING ORDER.–
(1) IN GENERAL.–If the Secretary has reason to believe that any person
subject to this subtitle has failed or refused to provide the Secretary information required to be reported pursuant to this subtitle, and that it would be in
the public interest to enjoin the person from further failure to comply with
the reporting requirements, the Secretary may notify the Attorney General of
the failure.

(2) ATTORNEY GENERAL.–The Attorney General may apply to the appropriate district court of the United States for a temporary or permanent injunction or restraining order.
(3) COURT.–When needed to carry out this subtitle, the court shall, on a
proper showing, issue a temporary injunction or restraining order without
bond.
(g) FAILURE TO OBEY ORDERS.–
(1) IN GENERAL.–If a person subject to this subtitle fails to obey a cease
and desist or civil penalty order issued under this subsection after the order
has become final and unappealable, or after the appropriate United States
district court has entered a final judgment in favor of the Secretary, the
United States may apply to the appropriate district court for enforcement of
the order.
(2) ENFORCEMENT.–If the court determines that the order was lawfully
made and duly served and that the person violated the order, the court shall
enforce the order.
(3) CIVIL PENALTY.–If the court finds that the person violated the cease
and desist provisions of the order, the person shall be subject to a civil penalty of not more than $10,000 for each offense.
SEC. 254. [7 U.S.C. 1636c] FEES.
The Secretary shall not charge or assess a user fee, transaction fee, service
charge, assessment, reimbursement, or any other fee for the submission or reporting of information, for the receipt or availability of, or access to, published
reports or information, or for any other activity required under this subtitle.
SEC. 255. [7 U.S.C. 1636d] RECORDKEEPING.
(a) IN GENERAL.–Subject to subsection (b), each packer required to report
information to the Secretary under this subtitle shall maintain, and make available to the Secretary on request, for 2 years–
(1) the original contracts, agreements, receipts and other records associated with any transaction relating to the purchase, sale, pricing, transportation, delivery, weighing, slaughter, or carcass characteristics of all livestock;
and
(2) such records or other information as is necessary or appropriate to
verify the accuracy of the information required to be reported under this subtitle.
(b) LIMITATIONS.–Under subsection (a)(2), the Secretary may not require a
packer to provide new or additional information if–
(1) the information is not generally available or maintained by packers;
or
(2) the provision of the information would be unduly burdensome.
(c) PURCHASES OF CATTLE OR SWINE.–A record of a purchase of a lot of cattle or a lot of swine by a packer shall evidence whether the purchase occurred–
(1) before 10:00 a.m. Central Time;
(2) between 10:00 a.m. and 2:00 p.m. Central Time; or
(3) after 2:00 p.m. Central Time.

SEC. 256. [7 U.S.C. 1636e] VOLUNTARY REPORTING.
The Secretary shall encourage voluntary reporting by packers (as defined in
section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)) to which
the mandatory reporting requirements of this subtitle do not apply.
SEC. 257. [7 U.S.C. 1636f] PUBLICATION OF INFORMATION ON RETAIL PURCHASE PRICES FOR REPRESENTATIVE MEAT
PRODUCTS.
(a) IN GENERAL.–Beginning not later than 90 days after the date of the enactment of this subtitle, the Secretary shall compile and publish at least monthly
(weekly, if practicable) information on retail prices for representative food products made from beef, pork, chicken, turkey, veal, or lamb.
(b) INFORMATION.–The report published by the Secretary under subsection
(a) shall include–
(1) information on retail prices for each representative food product described in subsection (a); and
(2) information on total sales quantity (in pounds and dollars) for each
representative food product.
(c) MEAT PRICE SPREADS REPORT.–During the period ending 2 years after
the initial publication of the report required under subsection (a), the Secretary
shall continue to publish the Meat Price Spreads Report in the same manner as
the Report was published before the date of the enactment of this subtitle.
(d) INFORMATION COLLECTION.–
(1) IN GENERAL.–To ensure the accuracy of the reports required under
subsection (a), the Secretary shall obtain the information for the reports from
one or more sources including–
(A) a consistently representative set of retail transactions; and
(B) both prices and sales quantities for the transactions.
(2) SOURCE OF INFORMATION.–The Secretary may–
(A) obtain the information from retailers or commercial information
sources; and
(B) use valid statistical sampling procedures, if necessary.
(3) ADJUSTMENTS.–In providing information on retail prices under this
section, the Secretary may make adjustments to take into account differences
in–
(A) the geographic location of consumption;
(B) the location of the principal source of supply;
(C) distribution costs; and
(D) such other factors as the Secretary determines reflect a verifiable
comparative retail price for a representative food product.
(e) ADMINISTRATION.–The Secretary–
(1) shall collect information under this section only on a voluntary basis;
and
(2) shall not impose a penalty on a person for failure to provide the information or otherwise compel a person to provide the information.

SEC. 258. [7 U.S.C. 1636g] SUSPENSION AUTHORITY REGARDING
SPECIFIC TERMS OF PRICE REPORTING REQUIREMENTS.
(a) IN GENERAL.–The Secretary may suspend any requirement of this subtitle
if the Secretary determines that application of the requirement is inconsistent
with the purposes of this subtitle.
(b) SUSPENSION PROCEDURE.–
(1) PERIOD.–A suspension under subsection (a) shall be for a period of
not more than 240 days.
(2) ACTION BY CONGRESS.–If an Act of Congress concerning the requirement that is the subject of the suspension under subsection (a) is not enacted
by the end of the period of the suspension established under paragraph (1),
the Secretary shall implement the requirement.
SEC. 259. [7 U.S.C. 1636h] FEDERAL PREEMPTION.
In order to achieve the goals, purposes, and objectives of this title on a nationwide basis and to avoid potentially conflicting State laws that could impede
the goals, purposes, or objectives of this title, no State or political subdivision of
a State may impose a requirement that is in addition to, or inconsistent with, any
requirement of this subtitle with respect to the submission or reporting of information, or the publication of such information, on the prices and quantities of
livestock or livestock products.
SEC. 260. [7 U.S.C. 1636i] TERMINATION OF AUTHORITY.
The authority provided by this subtitle terminates on September 30, 2010.