118 S2633 IS: Poultry Grower Fairness Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2633IN THE SENATE OF THE UNITED STATESJuly 27, 2023Mr. Fetterman introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo amend the Packers and Stockyard Act, 1921, to provide administrative enforcement authority over live poultry dealers, and for other purposes.

1.

Short title

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

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Sections 411, 412, and 413 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228b–2, 228b–3, 228b–4), are repealed.

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..

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.