[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2633 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2633

To amend the Packers and Stockyard Act, 1921, to provide administrative 
    enforcement authority over live poultry dealers, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

 Mr. Fetterman introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Packers and Stockyard Act, 1921, to provide administrative 
    enforcement authority over live poultry dealers, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Poultry Grower Fairness Act of 
2023''.

SEC. 2. INVESTIGATION OF LIVE POULTRY DEALERS.

    (a) Administrative Enforcement Authority Over Live Poultry 
Dealers.--Sections 203, 204, and 205 of the Packers and Stockyards Act, 
1921 (7 U.S.C. 193, 194, 195), are amended by inserting ``, live 
poultry dealer,'' after ``packer'' each place it appears.
    (b) Authority To Request Temporary Injunction or Restraining 
Order.--Section 408(a) of the Packers and Stockyards Act, 1921 (7 
U.S.C. 228a(a)), is amended by inserting ``, or poultry care,'' after 
``on account of poultry obtained''.
    (c) Repeals.--Sections 411, 412, and 413 of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 228b-2, 228b-3, 228b-4), are repealed.

SEC. 3. AWARD OF ATTORNEY FEES.

    Section 308 of the Packers and Stockyards Act, 1921 (7 U.S.C. 209), 
is amended by adding at the end the following:
    ``(c) Attorney's Fee.--The court shall award a reasonable 
attorney's fee as part of the costs to a prevailing plaintiff in a 
civil action under this section.''.

SEC. 4. TECHNICAL AMENDMENTS.

    (a) Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 
182(a)), is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``When used in this Act--'' and inserting ``In this Act:'';
            (2) in paragraph (8), by striking ``for slaughter'' and all 
        that follows through ``of such poultry'' and inserting ``under 
        a poultry growing arrangement, regardless of whether the 
        poultry is owned by that person or another person''; and
            (3) in paragraph (9), by striking ``and cares for live 
        poultry for delivery, in accord with another's instructions, 
        for slaughter'' and inserting ``or cares for live poultry in 
        accordance with the instructions of another person''.
    (b) Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 
193), is amended--
            (1) in subsection (a), in the first sentence--
                    (A) by striking ``he shall cause'' and inserting 
                ``the Secretary shall cause''; and
                    (B) by striking ``his charges'' and inserting ``the 
                charges'';
            (2) in subsection (b), in the first sentence, by striking 
        ``he shall make a report in writing in which he shall state his 
        findings'' and inserting ``the Secretary shall make a report in 
        writing in which the Secretary shall state the findings of the 
        Secretary''; and
            (3) in subsection (c), by striking ``he'' and inserting 
        ``the Secretary''.
    (c) Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 
194), is amended--
            (1) in subsection (a), by striking ``he has his'' and 
        inserting ``the packer, live poultry dealer, or swine 
        contractor has the'';
            (2) in subsection (c), by striking ``his officers, 
        directors, agents, and employees'' and inserting ``the 
        officers, directors, agents, and employees of the packer, live 
        poultry dealer, or swine packer'';
            (3) in subsection (f), in the second sentence--
                    (A) by striking ``his findings'' and inserting 
                ``the findings of the Secretary''; and
                    (B) by striking ``he'' and inserting ``the 
                Secretary''; and
            (4) in subsection (g), by striking ``his officers, 
        directors, agents, and employees'' and inserting ``the 
        officers, directors, agents, and employees of the packer, live 
        poultry dealer, or swine packer''.
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