I 111th CONGRESS 2d Session H. R. 5852 IN THE HOUSE OF REPRESENTATIVES July 26, 2010 Mr. Peterson (for himself, Mr. Baca, Mr. Boswell, Mr. Conaway, Mr. Cuellar, Mrs. Dahlkemper, Mr. Fortenberry, Ms. Herseth Sandlin, Mr. Holden, Mr. Kagen, Mr. King of Iowa, Mr. Kissell, Mrs. Lummis, Ms. Markey of Colorado, Mr. McIntyre, Mr. Moran of Kansas, Mr. Pomeroy, Mr. Scott of Georgia, Mr. Smith of Nebraska, and Mr. Walz) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Agricultural Marketing Act of 1946 to improve the reporting on sales of livestock and dairy products, and for other purposes.

1.

Short title

This Act may be cited as the Mandatory Price Reporting Act of 2010.

2.

Livestock mandatory reporting

(a)

Extension of authority

(1)

In general

Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) is amended by striking September 30, 2010 and inserting September 30, 2015. (2)

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 September 30, 2010 and inserting September 30, 2015. (b)

Wholesale pork cuts

(1)

Reporting

Chapter 3 of subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635i et seq.) is amended by adding at the end the following new section:

233.

Mandatory reporting of wholesale pork cuts

(a)

Reporting

The corporate officers or officially designated representatives of each packer shall report to the Secretary information concerning the price and volume of wholesale pork cuts, as the Secretary determines is necessary and appropriate. (b)

Publication

The Secretary shall publish information reported under subsection (a) as the Secretary determines necessary and appropriate.

. (2)

Negotiated Rulemaking

The Secretary of Agriculture shall establish a negotiated rulemaking process pursuant to subchapter III of chapter 5 of title 5, United States Code, to negotiate and develop a proposed rule to implement the amendment made by paragraph (1). (3)

Negotiated rulemaking committee

(A)

Representation

Any negotiated rulemaking committee established by the Secretary of Agriculture pursuant to paragraph (2) shall include representatives from— (i)organizations representing swine producers; (ii)organizations representing packers of pork, processors of pork, retailers of pork, and buyers of wholesale pork; (iii)the Department of Agriculture; and (iv)among interested parties that participate in swine or pork production. (B)

Inapplicability of Federal Advisory Committee Act

Any negotiated rulemaking committee established by the Secretary of Agriculture pursuant to paragraph (2) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (4)

Timing of proposed and final rules

In carrying out the negotiated rulemaking process under paragraph (2), the Secretary of Agriculture shall ensure that— (A)any recommendation for a proposed rule or report is provided to the Secretary of Agriculture not later than 180 days after the date of the enactment of this Act; and (B)a final rule is promulgated not later than one and a half years after the date of the enactment of this Act. (c)

Pork export reporting

Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by striking cotton, and inserting cotton, pork,.

3.

Dairy mandatory reporting

(a)

Electronic reporting required

Subsection (d) of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b) is amended to read as follows: (d)

Electronic Reporting

(1)

Electronic reporting system required

The Secretary shall establish an electronic reporting system to carry out this section. (2)

Publication

Not later than 3:00 p.m. Eastern Time on the Wednesday of each week, the Secretary shall publish a report containing the information obtained under this section for the preceding week. . (b)

Implementation

Not later than one year after the date of enactment of this Act, the Secretary of Agriculture shall implement the electronic reporting system required by subsection (d) of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b), as amended by subsection (a). Until the electronic reporting system is implemented, the Secretary shall continue to conduct mandatory dairy product information reporting under the authority of such section, as in effect on the day before the date of enactment of this Act.