[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2670 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2670

   To regulate market concentration and competition in the food and 
             agriculture industry, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

  Mr. Welch (for himself, Mr. Booker, and Ms. Warren) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To regulate market concentration and competition in the food and 
             agriculture industry, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fairness for 
Small-Scale Farmers and Ranchers Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
   TITLE I--MORATORIUM ON AND REVIEW OF LARGE AGRIBUSINESS, FOOD AND 
           BEVERAGE MANUFACTURING, AND GROCERY RETAIL MERGERS

Sec. 101. Moratorium on large agribusiness, food and beverage 
                            manufacturing, and grocery retail mergers.
Sec. 102. Retroactive review of large agribusiness, food and beverage 
                            manufacturing, and grocery retail mergers.
                     TITLE II--FARM SYSTEM REFORMS

Sec. 201. Local agriculture market program.
Sec. 202. Restoration of mandatory country of origin labeling for beef 
                            and pork; inclusion of dairy products.
Sec. 203. Definitions in Packers and Stockyards Act, 1921.
Sec. 204. Unlawful practices.
Sec. 205. Spot market purchases of livestock by packers.
Sec. 206. Investigation of live poultry dealers.
Sec. 207. Ensuring fair practices in agriculture.
Sec. 208. Award of attorney fees.
Sec. 209. Review and report on fragility and national security in the 
                            food system.
Sec. 210. Technical amendments.
 TITLE III--PROVIDING RESOURCES FOR BEGINNING, RETIRING, AND SOCIALLY 
                   DISADVANTAGED FARMERS AND RANCHERS

Sec. 301. Reauthorization and increased funding for beginning, 
                            retiring, and socially disadvantaged 
                            farmers and ranchers.
  TITLE IV--LIVESTOCK, DAIRY, AND POULTRY SUPPLY CHAIN INFRASTRUCTURE

Sec. 401. Livestock, dairy, and poultry supply chain infrastructure 
                            grants and loans.
Sec. 402. Pilot program for increased accessibility to inspection and 
                            technical assistance for eligible 
                            processing facilities.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Concentration in the food and agricultural economy, 
        including mergers, acquisitions, and other combinations and 
        alliances among suppliers, packers, integrators, other food 
        processors, distributors, and retailers has been accelerating 
        at a rapid pace since the 1980s, and particularly since the 
        2007 through 2009 recession.
            (2) The trend toward greater concentration in food and 
        agriculture has important and far reaching implications not 
        only for family farmers, but also for food chain workers, the 
        food we eat, the communities we live in, the integrity of the 
        natural environment upon which we all depend, and for our 
        collective public health.
            (3) The infant formula industry, for example, has reached 
        an alarming level of corporate concentration with 4 companies 
        now controlling nearly 90 percent of the infant formula market. 
        A disruption in the supply of just 1 infant formula producer 
        now presents a grave risk to infant health in the United 
        States.
            (4) In the past 4 decades, the top 4 largest pork packers 
        have seized control of 70 percent of the market, up from 36 
        percent. Over the same period, the top 4 beef packers have 
        expanded their market share from 32 percent to 85 percent. The 
        top 4 flour millers have increased their market share from 40 
        percent to 64 percent. The market share of the top 4 soybean 
        crushers has jumped from 54 percent to 79 percent, and the top 
        4 wet corn processors control of the market has increased from 
        63 percent to 86 percent.
            (5) Today the top 4 sheep, poultry, and fluid milk 
        processors now control 62 percent, 54 percent, and 50 percent 
        of the market, respectively.
            (6) The top 4 grain companies today control as much as 90 
        percent of the global grain trade.
            (7) During the past 5 years there has been a wave of 
        consolidation among global seed and crop-chemical firms, 3 
        companies now control nearly 2/3 of the world's commodity crop 
        seeds. Those same 3 companies now also control nearly 70 
        percent of all agricultural chemicals and pesticides.
            (8) In the United States, the 4 largest corn seed sellers 
        accounted for 85 percent of the market in 2015, up from 60 
        percent in 2000. Over the past 20 years, the cost for an acre's 
        worth of seeds for an average corn farmer has nearly 
        quadrupled, and the cost of fertilizer has more than doubled. 
        Yet corn yields increased only 36 percent over that time, and 
        the price received for the sale of a bushel of corn increased 
        only 31 percent.
            (9) A handful of firms dominate the processing of every 
        major commodity. Many of them are vertically integrated, which 
        means that they control successive stages of the food chain, 
        from inputs to production to distribution. The growing number 
        and scale of cross-border agribusiness and food mergers have 
        put foreign firms, often with considerable government backing, 
        into prominent and even dominant positions in the United States 
        beef, hog, poultry, seed, fertilizer, and agrichemical sectors.
            (10) Growing concentration of the agricultural sector has 
        restricted choices for farmers trying to sell their products. 
        As the bargaining power of agribusiness firms over farmers 
        increases, concentrated agricultural commodity markets are 
        stacked against the farmer, with buyers of agricultural 
        commodities often possessing regional dominance in the form of 
        oligopsony or monopsony relative to sellers of such 
        commodities.
            (11) The high concentration and consolidation of buyers in 
        agricultural markets has resulted in the thinning of both cash 
        and future markets, thereby allowing dominant buyers to 
        leverage their market shares to move those markets to the 
        detriment of family farmers and ranchers.
            (12) Buyers with oligopsonistic or monopsonistic power have 
        incentives to engage in unfair and discriminatory acts that 
        cause farmers to receive less than a competitive price for 
        their goods. At the same time, some Federal courts have 
        incorrectly required a plaintiff to show harm to competition 
        generally, in addition to harm to the individual farmer, when 
        making a determination that an unfair, unjustly discriminatory, 
        deceptive, or preferential act exists under the Packers and 
        Stockyards Act of 1921.
            (13) The farmer's share of every retail dollar has 
        plummeted from 41 percent in 1950, to less than 15 percent 
        today, while the profit share for farm input, marketing, and 
        processing companies has risen.
            (14) While agribusiness conglomerates are posting record 
        earnings, farmers are facing desperate times. Since 2013, net 
        farm income for United States farmers has fallen by more than 
        half and median on farm income was negative in 2020.
            (15) The benefits of low commodity prices are not being 
        passed on to American consumers. The gap between what shoppers 
        pay for food and what farmers are paid is growing wider.
            (16) The steadily rising price of food has outpaced growth 
        in incomes for typical workers. Since the Great Recession, the 
        annual growth of real prices for food at the supermarket have 
        risen nearly 3 times faster than typical earnings.
            (17) There is a growing consensus that economic 
        consolidation contributes to the widening gap in economic 
        opportunity in the United States and bigger, more dominant 
        firms are more likely to deliver profits to investors than to 
        raise wages or benefits. Mega-mergers in the food and 
        agribusiness industries can lead to growing monopsony power 
        abuse resulting in wage suppression, along with massive layoffs 
        as companies shutter factories and facilities, harming working 
        families and communities.
            (18) Concentration, low prices, anticompetitive practices, 
        and other manipulations and abuses of the agricultural economy 
        are driving small family farmers out of business. Farmers are 
        going bankrupt or giving up, and few are taking their places; 
        more farm families are having to rely on other jobs to stay 
        afloat. Seventy-nine percent of farm household income came from 
        off farm work in 2020, up from 53 percent in 1960.
            (19) Eighty-one percent of America's farmed cropland is now 
        controlled by 15 percent of farms, and the number of farmers 
        leaving the land will continue to increase unless and until 
        these trends are reversed.
            (20) The decline of small family farms undermines the 
        economies of rural communities across America; it has pushed 
        Main Street businesses, from equipment suppliers to small 
        banks, out of business or to the brink of insolvency.
            (21) Increased concentration in the agribusiness sector has 
        a harmful effect on the environment; corporate hog farming, for 
        example, threatens the integrity of local water supplies and 
        creates noxious odors in neighboring communities. Concentration 
        also can increase the risks to food safety and limit the 
        biodiversity of plants and animals.
            (22) The decline of family farming poses a direct threat to 
        American families and family values, by subjecting farm 
        families to turmoil and stress. Farm advocates across the 
        country are reporting an increase in farmer suicides over the 
        past several years.
            (23) The decline of family farming causes the demise of 
        rural communities, as stores lose customers, churches lose 
        congregations, schools and clinics become under-used, career 
        opportunities for young people dry up, and local inequalities 
        of wealth and income grow wider.
            (24) These developments are not the result of inevitable 
        market forces. Its problems arise rather from policies made in 
        Washington, including farm, antitrust, and trade policies.
            (25) Past congressional action to remediate market failure, 
        such as enacting country-of-origin labeling to provide 
        transparency for domestic farmers, ranchers, and consumers 
        regarding agricultural commodity origins, have been overturned 
        for key commodities by oligopolistic conglomerates that use 
        undifferentiated imports to reduce domestic farm prices.
            (26) To restore competition in the agricultural economy, 
        and to increase the bargaining power and enhance economic 
        prospects for family farmers, the trend toward concentration 
        must be reversed.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agricultural input supplier.--The term ``agricultural 
        input supplier'' means any person (excluding agricultural 
        cooperatives) engaged in the business of selling, in interstate 
        or foreign commerce, any product to be used as an input 
        (including seed, germ plasm, hormones, antibiotics, fertilizer, 
        and chemicals, but excluding farm machinery) for the production 
        of any agricultural commodity, except that no person shall be 
        considered an agricultural input supplier if sales of such 
        products are for a value less than $10,000,000 per year.
            (2) Broker.--The term ``broker'' means any person engaged 
        in the business of negotiating sales and purchases of any 
        agricultural commodity in interstate or foreign commerce for or 
        on behalf of the vendor or the purchaser, except that no person 
        shall be considered a broker if the only sales of such 
        commodities are for a value less than $10,000,000 per year.
            (3) Commission merchant.--The term ``commission merchant'' 
        means any person engaged in the business of receiving in 
        interstate or foreign commerce any agricultural commodity for 
        sale, on commission, or for or on behalf of another, except 
        that no person shall be considered a commission merchant if the 
        only sales of such commodities are for a value less than 
        $10,000,000 per year.
            (4) Dealer.--The term ``dealer'' means any person 
        (excluding agricultural cooperatives) engaged in the business 
        of buying, selling, or marketing agricultural commodities in 
        interstate or foreign commerce, except that--
                    (A) no person shall be considered a dealer with 
                respect to sales or marketing of any agricultural 
                commodity of that person's own raising; and
                    (B) no person shall be considered a dealer if the 
                only sales of such commodities are for a value less 
                than $10,000,000 per year.
            (5) Distributor.--The term ``distributor'' means any entity 
        engaged in the business of distributing agricultural products 
        from producers or manufacturers to consumers, restaurants, or 
        retailers.
            (6) Integrator.--The term ``integrator'' means an entity 
        that contracts with farmers for grower services to raise 
        chickens or hogs to slaughter size and weight. The integrator 
        owns the chickens or hogs, supplies the feed, slaughters, and 
        further processes the poultry or pork.
            (7) Processor.--The term ``processor'' means any person 
        (excluding agricultural cooperatives) engaged in the business 
        of handling, preparing, or manufacturing (including 
        slaughtering and food and beverage manufacturing) of an 
        agricultural commodity, or the products of such agricultural 
        commodity, for sale or marketing for human consumption, except 
        that no person shall be considered a processor if the only 
        sales of such products are for a value less than $10,000,000 
        per year.
            (8) Retailer.--The term ``retailer'' means any person 
        (excluding agricultural cooperatives, cooperative retailers, 
        and cooperative distributers) licensed as a retailer under the 
        Perishable Agriculture Commodities Act of 1930 (7 U.S.C. 
        499a(b)), except that no person shall be considered a retailer 
        if the only sales of such products are for a value less than 
        $10,000,000 per year.

   TITLE I--MORATORIUM ON AND REVIEW OF LARGE AGRIBUSINESS, FOOD AND 
           BEVERAGE MANUFACTURING, AND GROCERY RETAIL MERGERS

SEC. 101. MORATORIUM ON LARGE AGRIBUSINESS, FOOD AND BEVERAGE 
              MANUFACTURING, AND GROCERY RETAIL MERGERS.

    (a) In General.--
            (1) Moratorium.--Until the date referred to in paragraph 
        (2) and except as provided in subsection (b)--
                    (A) no dealer, processor, commission merchant, 
                agricultural input supplier, broker, or operator of a 
                warehouse of agricultural commodities or retailer with 
                annual net sales or total assets of more than 
                $222,000,000 shall merge or acquire, directly or 
                indirectly, any voting securities or assets of any 
                other dealer, processor, commission merchant, 
                agricultural input supplier, broker, or operator of a 
                warehouse of agricultural commodities or retailer with 
                annual net sales or total assets of more than 
                $22,000,000; and
                    (B) no dealer, processor, commission merchant, 
                agricultural input supplier, broker, or operator of a 
                warehouse of agricultural commodities or retailer with 
                annual net sales or total assets of more than 
                $22,000,000 shall merge or acquire, directly or 
                indirectly, any voting securities or assets of any 
                other dealer, processor, commission merchant, 
                agricultural input supplier, broker, or operator of a 
                warehouse of agricultural commodities or retailer with 
                annual net sales or total assets of more than 
                $222,000,000 if the acquiring person would hold--
                            (i) 15 percent or more of the voting 
                        securities or assets of the acquired person; or
                            (ii) an aggregate total amount of the 
                        voting securities and assets of the acquired 
                        person in excess of $21,000,000.
            (2) Date.--The date referred to in this paragraph is the 
        effective date of comprehensive legislation enacted on or after 
        the date on which the reviews referred to in section 102(a) are 
        completed--
                    (A) for addressing the problem of market 
                concentration in the food and agricultural sector; and
                    (B) that terminates the moratorium under paragraph 
                (1).
    (b) Waiver Authority.--The Attorney General shall have authority to 
waive the moratorium imposed by subsection (a) only under extraordinary 
circumstances, such as insolvency or similar financial distress of 1 of 
the affected parties.
    (c) Exemptions.--The classes of transactions described in section 
7A(c) of the Clayton Act (15 U.S.C. 18a(c)) are exempt from subsection 
(a).
    (d) Avoidance.--Any transaction or other device entered into or 
employed for the purpose of avoiding the moratorium contained in 
subsection (a) shall be disregarded, and the application of the 
moratorium shall be determined by applying subsection (a) to the 
substance of the transaction.
    (e) Rulemaking.--The Attorney General shall promulgate regulations 
that the Attorney General determines are necessary to implement this 
section. In making the determination under the preceding sentence, the 
Attorney General shall consult with the Federal Trade Commission.

SEC. 102. RETROACTIVE REVIEW OF LARGE AGRIBUSINESS, FOOD AND BEVERAGE 
              MANUFACTURING, AND GROCERY RETAIL MERGERS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Attorney General and the Federal Trade Commission 
shall review each merger that the Attorney General and the Federal 
Trade Commission have reviewed since January 1, 2006, that was subject 
to a premerger notification and waiting period pursuant to section 7A 
of the Clayton Act (15 U.S.C. 18a) in which a dealer, processor, 
distributor, commission merchant, agricultural input supplier, broker, 
or operator of a warehouse of agricultural commodities or retailer 
merged or acquired, directly or indirectly, any voting securities or 
assets of any other dealer, processor, distributor, commission 
merchant, agricultural input supplier, broker, or operator of a 
warehouse of agricultural commodities or retailer.
    (b) Unwinding.--The Attorney General and the Federal Trade 
Commission shall consider whether to unwind a merger reviewed under 
subsection (a) to restore competition, and may so unwind such merger, 
if the Attorney General or the Federal Trade Commission determines that 
the merger brought material harm to--
            (1) competition nationally or in local markets;
            (2) farmers and ranchers;
            (3) workers; or
            (4) consumers.
    (c) Investigative Authority.--In conducting a review of a merger 
under subsection (a), the Attorney General shall have the same power as 
the Federal Trade Commission under section 6(b) of the Federal Trade 
Commission Act (15 U.S.C. 46(b)) with respect to such review.
    (d) Authorization of Appropriations.--In addition to such other 
amounts as may be made available to the Federal Trade Commission and 
the Antitrust Division of the Department of Justice, there is 
authorized to be appropriated to carry out this section for fiscal year 
2024 and each fiscal year thereafter--
            (1) $50,000,000 for the Federal Trade Commission; and
            (2) $50,000,000 for the Antitrust Division of the 
        Department of Justice.
    (e) Fines and Penalties.--The Federal Trade Commission and the 
Antitrust Division of the Department of Justice may use any funds from 
fines, penalties, and settlements not returned to consumers for their 
respective future operations.
    (f) Additional Appropriations.--To the extent there are 
insufficient funds from fines, penalties, settlements, and fees 
received by the Federal Trade Commission and the Antitrust Division of 
the Department of Justice for the costs of their respective programs, 
projects, and activities, there are appropriated, out of monies in the 
Treasury not otherwise appropriated, for fiscal year 2024 and each 
fiscal year thereafter such sums as are necessary for the costs of such 
programs, projects, and activities.

                     TITLE II--FARM SYSTEM REFORMS

SEC. 201. LOCAL AGRICULTURE MARKET PROGRAM.

    Section 210A(i)(1) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1627c(i)(1)) is amended by striking ``fiscal year 2019'' and 
inserting ``each of fiscal years 2024 and 2025, and $500,000,000 for 
fiscal year 2026''.

SEC. 202. RESTORATION OF MANDATORY COUNTRY OF ORIGIN LABELING FOR BEEF 
              AND PORK; INCLUSION OF DAIRY PRODUCTS.

    (a) Definitions.--Section 281 of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1638) is amended--
            (1) by redesignating paragraphs (1), (2) through (5), (6), 
        and (7) as paragraphs (2), (4) through (7), (9), and (10), 
        respectively;
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Beef.--The term `beef' means meat produced from 
        cattle (including veal).'';
            (3) in paragraph (2) (as so redesignated)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by striking ``lamb'' and 
                        inserting ``beef, lamb, pork,'';
                            (ii) in clause (ii), by striking ``ground 
                        lamb'' and inserting ``ground beef, ground 
                        lamb, ground pork,'';
                            (iii) in clause (x), by striking ``and'' at 
                        the end;
                            (iv) in clause (xi), by striking the period 
                        at the end and inserting ``; and''; and
                            (v) by adding at the end the following:
                            ``(xii) dairy products.''; and
                    (B) in subparagraph (B), by inserting ``(other than 
                clause (xii) of that subparagraph)'' after 
                ``subparagraph (A)'';
            (4) by inserting after paragraph (2) (as so redesignated) 
        the following:
            ``(3) Dairy product.--The term `dairy product' means--
                    ``(A) fluid milk;
                    ``(B) cheese, including cottage cheese and cream 
                cheese;
                    ``(C) yogurt;
                    ``(D) ice cream;
                    ``(E) butter; and
                    ``(F) any other dairy product.''; and
            (5) by inserting after paragraph (7) (as so redesignated) 
        the following:
            ``(8) Pork.--The term `pork' means meat produced from 
        hogs.''.
    (b) Notice of Country of Origin.--Section 282(a) of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)) is amended by 
adding at the end the following:
            ``(5) Designation of country of origin for dairy 
        products.--
                    ``(A) In general.--A retailer of a covered 
                commodity that is a dairy product shall designate the 
                origin of the covered commodity as--
                            ``(i) each country in which or from which 
                        the 1 or more dairy ingredients or dairy 
                        components of the covered commodity were 
                        produced, originated, or sourced; and
                            ``(ii) each country in which the covered 
                        commodity was processed.
                    ``(B) State, region, locality of the united 
                states.--With respect to a covered commodity that is a 
                dairy product produced exclusively in the United 
                States, designation by a retailer of the State, region, 
                or locality of the United States where the covered 
                commodity was produced shall be sufficient to identify 
                the United States as the country of origin.''.

SEC. 203. DEFINITIONS IN PACKERS AND STOCKYARDS ACT, 1921.

    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'';
            (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'';
            (4) in each of paragraphs (1) through (9), by striking the 
        semicolon at the end and inserting a period;
            (5) in paragraph (10)--
                    (A) by striking ``for the purpose of either 
                slaughtering it or selling it for slaughter by 
                another''; and
                    (B) by striking ``; and'' at the end and inserting 
                a period; and
            (6) by adding at the end the following:
            ``(15) Formula price.--
                    ``(A) In general.--The term `formula price' means 
                any price term that establishes a base from which a 
                purchase price is calculated on the basis of a price 
                that will not be determined or reported until a date 
                that is after the date on which the forward price is 
                established.
                    ``(B) Exclusion.--The term `formula price' does not 
                include--
                            ``(i) any price term that establishes a 
                        base from which a purchase price is calculated 
                        on the basis of a futures market price; or
                            ``(ii) any adjustment to the base for 
                        quality, grade, or other factors relating to 
                        the value of livestock or livestock products 
                        that are readily verifiable market factors and 
                        are outside the control of the packer.
            ``(16) Forward contract.--The term `forward contract' means 
        an oral or written contract for the purchase of livestock that 
        provides for the delivery of the livestock to a packer at a 
        date that is more than 7 days after the date on which the 
        contract is entered into, without regard to whether the 
        contract is for--
                    ``(A) a specified lot of livestock; or
                    ``(B) a specified number of livestock over a 
                certain period of time.''.

SEC. 204. UNLAWFUL PRACTICES.

    (a) In General.--Section 202 of the Packers and Stockyards Act, 
1921 (7 U.S.C. 192), is amended to read as follows:

``SEC. 202. UNLAWFUL ACTS.

    ``(a) Definitions.--In this section:
            ``(1) Base price.--
                    ``(A) In general.--The term `base price' means the 
                price established in a poultry production contract that 
                corresponds to the stated value provided by the 
                independent contract producer under the terms of the 
                contract, prior to the assessment of any performance-
                based premium or penalty.
                    ``(B) Square footage.--The price described in 
                subparagraph (A) may be established using the price per 
                square foot of contracted farm infrastructure or price 
                per pound of poultry production.
            ``(2) Cooperative association of producers.--The term 
        `cooperative association of producers' means a cooperative 
        association (as defined in section 15(a) of the Agricultural 
        Marketing Act (12 U.S.C. 1141j(a))) engaged in marketing, 
        bargaining, shipping, or processing agricultural products.
            ``(3) Expected performance standard.--The term `expected 
        performance standard' means, with respect to a poultry 
        production contract, a standard established in the contract for 
        the growth and health performance of live poultry under the 
        management of an independent contract producer, which may 
        include expected mortality, weight gain, or feed conversion 
        efficiency.
            ``(4) Independent contract producer.--The term `independent 
        contract producer' means an agricultural producer that--
                    ``(A) enters into a contract to manage the 
                production of an agricultural commodity owned by a live 
                poultry dealer or another contracting party; and
                    ``(B) is not a member of a cooperative association 
                of producers that has engaged in bargaining with the 
                other contracting party.
            ``(5) Minimum price.--The term `minimum price' means a 
        contractually guaranteed price floor within a poultry 
        production contract below which the final price delivered to an 
        independent contract producer may not be reduced, including by 
        performance-based penalties.
            ``(6) Performance-based incentive formula.--The term 
        `performance-based incentive formula' means a formula designed 
        to compare the real performance of live poultry being managed 
        by an independent contract producer relative to an expected 
        performance standard.
            ``(7) Poultry production contract.--The term `poultry 
        production contract' means an oral or written contract 
        established between a live poultry dealer and an independent 
        contract producer in which the independent contract producer 
        provides the land, farm infrastructure, or management labor of 
        the independent contract producer to house and raise live 
        poultry owned by the live poultry dealer.
    ``(b) General Rule.--It shall be unlawful for any packer or swine 
contractor with respect to livestock, meats, meat food products, or 
livestock products in unmanufactured form, or for any live poultry 
dealer with respect to live poultry, to do any of the following:
            ``(1) Engage in or use any unfair, unjustly discriminatory, 
        or deceptive practice or device.
            ``(2) Make or give any undue or unreasonable preference or 
        advantage to any particular person or locality in any respect, 
        or subject any particular person or locality to any undue or 
        unreasonable prejudice or disadvantage in any respect.
            ``(3) Sell or otherwise transfer to or for any other 
        packer, swine contractor, or any live poultry dealer, or buy or 
        otherwise receive from or for any other packer, swine 
        contractor, or any live poultry dealer, any article for the 
        purpose or with the effect of apportioning the supply between 
        any such persons, if such apportionment has the tendency or 
        effect of restraining commerce or of creating a monopoly.
            ``(4) Sell or otherwise transfer to or for any other 
        person, or buy or otherwise receive from or for any other 
        person, any article for the purpose or with the effect of 
        manipulating or controlling prices, or of creating a monopoly 
        in the acquisition of, buying, selling, or dealing in, any 
        article, or of restraining commerce.
            ``(5) Engage in any course of business or do any act for 
        the purpose or with the effect or manipulating or controlling 
        prices, or of creating a monopoly in the acquisition of, 
        buying, selling, or dealing in, any article, or of restraining 
        commerce.
            ``(6) Conspire, combine, agree, or arrange with any other 
        person--
                    ``(A) to apportion territory for carrying on 
                business;
                    ``(B) to apportion purchases or sales of any 
                article; or
                    ``(C) to manipulate or control prices.
            ``(7) Use, in effectuating any sale of livestock, a forward 
        contract that--
                    ``(A) does not contain a firm base price that may 
                be equated to a fixed dollar amount on the date on 
                which the forward contract is entered into;
                    ``(B) is not offered for bid in an open, public 
                manner under which--
                            ``(i) buyers and sellers have the 
                        opportunity to participate in the bid;
                            ``(ii) more than 1 blind bid is solicited; 
                        and
                            ``(iii) buyers and sellers may witness bids 
                        that are made and accepted;
                    ``(C) is based on a formula price; or
                    ``(D) provides for the sale of livestock in a 
                quantity in excess of--
                            ``(i) in the case of cattle, 40 cattle;
                            ``(ii) in the case of swine, 30 swine; and
                            ``(iii) in the case of another type of 
                        livestock, a comparable quantity of that type 
                        of livestock, as determined by the Secretary.
            ``(8) Own or feed livestock directly, through a subsidiary, 
        or through an arrangement that gives a packer operational, 
        managerial, or supervisory control over the livestock, or over 
        the farming operation that produces the livestock, to such an 
        extent that the producer of the livestock is not materially 
        participating in the management of the operation with respect 
        to the production of the livestock, except that this paragraph 
        shall not apply to--
                    ``(A) an arrangement entered into not more than 7 
                business days before slaughter of the livestock by a 
                packer, a person acting through the packer, or a person 
                that directly or indirectly controls, or is controlled 
                by or under common control with, the packer;
                    ``(B) a cooperative or entity owned by a 
                cooperative, if a majority of the ownership interest in 
                the cooperative is held by active cooperative members 
                that--
                            ``(i) own, feed, or control the livestock; 
                        and
                            ``(ii) provide the livestock to the 
                        cooperative for slaughter;
                    ``(C) a packer that is not required to report to 
                the Secretary on each reporting day (as defined in 
                section 212 of the Agricultural Marketing Act of 1946 
                (7 U.S.C. 1635a)) information on the price and quantity 
                of livestock purchased by the packer; or
                    ``(D) a packer that owns only 1 livestock 
                processing plant.
            ``(9) Take any action that adversely affects or is likely 
        to adversely affect competition, regardless of whether there is 
        a business justification for the action.
            ``(10) Conspire, combine, agree, or arrange with any other 
        person to do, or aid or abet the doing of, any act made 
        unlawful by paragraphs (1) through (9).
    ``(c) Unfair, Discriminatory, and Deceptive Practices and 
Devices.--Acts by a packer, swine contractor, or live poultry dealer 
that violate subsection (b)(1) include the following:
            ``(1) Refusal to provide, on the request of a livestock 
        producer, swine production contract grower, or poultry grower 
        with which the packer, swine contractor, or live poultry dealer 
        has a marketing or delivery contract, the relevant statistical 
        information and data used to determine the compensation paid to 
        the livestock producer, swine production contract grower, or 
        poultry grower, as applicable, under the contract, including--
                    ``(A) feed conversion rates by house, lot, or pen;
                    ``(B) feed analysis;
                    ``(C) breeder history;
                    ``(D) quality grade;
                    ``(E) yield grade; and
                    ``(F) delivery volume for any certified branding 
                program (such as programs for angus beef or certified 
                grassfed or Berkshire pork).
            ``(2) Conduct or action that limits or attempts to limit by 
        contract the legal rights and remedies of a livestock producer, 
        swine production contract grower, or poultry grower, including 
        the right--
                    ``(A) to a trial by jury, unless the livestock 
                producer, swine production contract grower, or poultry 
                grower, as applicable, is voluntarily bound by an 
                arbitration provision in a contract;
                    ``(B) to pursue all damages available under 
                applicable law; and
                    ``(C) to seek an award of attorneys' fees, if 
                available under applicable law.
            ``(3) Termination of a poultry growing arrangement or swine 
        production contract with no basis other than an allegation that 
        the poultry grower or swine production contract grower failed 
        to comply with an applicable law, rule, or regulation.
            ``(4) A representation, omission, or practice that is 
        likely to mislead a livestock producer, swine production 
        contract grower, or poultry grower regarding a material 
        condition or term in a contract or business transaction.
    ``(d) Undue or Unreasonable Preferences, Advantages, Prejudices, 
and Disadvantages.--
            ``(1) In general.--Acts by a packer, swine contractor, or 
        live poultry dealer that violate subsection (b)(2) include the 
        following:
                    ``(A) The execution, termination, extension, or 
                renewal of a contract or agreement that materially 
                disadvantages a livestock producer, swine production 
                contract grower, or poultry grower unless the packer, 
                swine contractor, or live poultry dealer can show, by a 
                preponderance of the evidence, that the acts were 
                predominantly motivated by--
                            ``(i) compliance with applicable 
                        regulations;
                            ``(ii) a distinct and materially 
                        disadvantageous change to the financial 
                        relationship with the livestock producer, swine 
                        production contract grower, or poultry grower; 
                        or
                            ``(iii) the termination of operations in 
                        the geographic region by the packer, swine 
                        contractor, or live poultry dealer.
                    ``(B) The failure to meet the requirements 
                described in paragraph (2).
                    ``(C) In the case of a poultry production contract 
                that contains a performance-based incentive formula, 
                the failure to meet the requirements described in 
                paragraph (3).
            ``(2) Payment by square footage.--The requirements 
        described in this paragraph are as follows:
                    ``(A) Subject to subparagraph (B), a live poultry 
                dealer shall structure any poultry production contract 
                in a manner that provides for payment by the square 
                footage of the barn or facility space in which the live 
                birds that are subject to the contract are reared and 
                raised.
                    ``(B) In lieu of providing for payment by the 
                square footage of the barn or facility space in which 
                the live birds that are subject to the contract are 
                reared and raised, a live poultry dealer may meet the 
                requirement specified in subparagraph (A) if the dealer 
                includes in the poultry production contract an 
                alternative base price provision that was obtained 
                through negotiations with a cooperative association of 
                producers representing the individual independent 
                contract producer.
            ``(3) Use of performance-based incentive formula.--The 
        requirements described in this paragraph are as follows:
                    ``(A) The poultry production contract shall 
                guarantee a minimum price.
                    ``(B) The expected performance standard in the 
                poultry production contract shall be based on at least 
                a 6-month rolling performance average of all producers 
                in the complex of the independent contract producer.
                    ``(C) The performance-based incentive formula shall 
                not assess a premium or penalty percentage that exceeds 
                the percentage difference between the performance of 
                the independent contract producer and the expected 
                performance average.
                    ``(D) The expected performance standard in the 
                poultry production contract shall be mathematically 
                adjusted to account for expected performance with 
                respect to expected mortality, weight, or feed 
                conversion efficiency, with differences relative to--
                            ``(i) layer flock age and health;
                            ``(ii) predelivery health issues;
                            ``(iii) flock breed;
                            ``(iv) flock pick-up age;
                            ``(v) feed type;
                            ``(vi) feed disruption of 6 hours or more; 
                        and
                            ``(vii) medical care protocols (such as an 
                        antibiotic-free protocol).
                    ``(E) The poultry production contract shall include 
                a procedure for settling payment outside of the 
                performance-based payment formula, through a 
                performance average of at least the last 5 flocks of 
                the independent contract producer, in the case of the 
                independent contract producer bringing an appeal 
                related to input quality or provision issues.
    ``(e) Harm to Competition Not Required.--In determining whether an 
act, device, or conduct is a violation under paragraph (1) or (2) of 
subsection (b), a finding that the act, device, or conduct adversely 
affected or is likely to adversely affect competition is not 
required.''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), paragraph (8) of 
        section 202(b) of the Packers and Stockyards Act, 1921 (7 
        U.S.C. 192) (as designated by subsection (a)), shall take 
        effect on the date of enactment of this Act.
            (2) Transition rules.--In the case of a packer that, on the 
        date of enactment of this Act, owns, feeds, or controls 
        livestock intended for slaughter in violation of paragraph (8) 
        of section 202(b) of the Packers and Stockyards Act, 1921 (7 
        U.S.C. 192) (as designated by subsection (a)), that paragraph 
        shall take effect--
                    (A) in the case of a packer of swine, beginning on 
                the date that is 18 months after the date of enactment 
                of this Act; and
                    (B) in the case of a packer of any other type of 
                livestock, beginning not later than 180 days after the 
                date of enactment of this Act, as determined by the 
                Secretary.

SEC. 205. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.

    The Packers and Stockyards Act, 1921, is amended by inserting after 
section 202 (7 U.S.C. 192) the following:

``SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.

    ``(a) Definitions.--In this section:
            ``(1) Covered packer.--
                    ``(A) In general.--The term `covered packer' means 
                a packer that is required under subtitle B of the 
                Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et 
                seq.) to report to the Secretary each reporting day (as 
                defined in section 212 of the Agricultural Marketing 
                Act of 1946 (7 U.S.C. 1635a)) information on the price 
                and quantity of livestock purchased by the packer.
                    ``(B) Exclusion.--The term `covered packer' does 
                not include a packer that owns only 1 livestock 
                processing plant.
            ``(2) Nonaffiliated producer.--The term `nonaffiliated 
        producer' means a producer of livestock--
                    ``(A) that sells livestock to a packer;
                    ``(B) that has less than 1 percent equity interest 
                in the packer;
                    ``(C) that has no officers, directors, employees, 
                or owners that are officers, directors, employees, or 
                owners of the packer;
                    ``(D) that has no fiduciary responsibility to the 
                packer; and
                    ``(E) in which the packer has no equity interest.
            ``(3) Spot market sale.--
                    ``(A) In general.--The term `spot market sale' 
                means a purchase and sale of livestock by a packer from 
                a producer--
                            ``(i) under an agreement that specifies a 
                        firm base price that may be equated with a 
                        fixed dollar amount on the date the agreement 
                        is entered into;
                            ``(ii) under which the livestock are 
                        slaughtered not more than 7 days after the date 
                        on which the agreement is entered into; and
                            ``(iii) under circumstances in which a 
                        reasonable competitive bidding opportunity 
                        exists on the date on which the agreement is 
                        entered into.
                    ``(B) Reasonable competitive bidding opportunity.--
                For the purposes of subparagraph (A)(iii), a reasonable 
                competitive bidding opportunity shall be considered to 
                exist if--
                            ``(i) no written or oral agreement 
                        precludes the producer from soliciting or 
                        receiving bids from other packers; and
                            ``(ii) no circumstance, custom, or practice 
                        exists that--
                                    ``(I) establishes the existence of 
                                an implied contract (as determined in 
                                accordance with the Uniform Commercial 
                                Code); and
                                    ``(II) precludes the producer from 
                                soliciting or receiving bids from other 
                                packers.
    ``(b) General Rule.--Of the quantity of livestock that is 
slaughtered by a covered packer during each reporting day (as defined 
in section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1635a)) in each plant, the covered packer shall slaughter not less than 
the applicable percentage specified in subsection (c) of the quantity 
through spot market sales from nonaffiliated producers.
    ``(c) Applicable Percentages.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        applicable percentage shall be 50 percent.
            ``(2) Exceptions.--In the case of a covered packer that 
        reported to the Secretary in the 2020 annual report that more 
        than 60 percent of the livestock of the covered packer were 
        committed procurement livestock, the applicable percentage 
        shall be the greater of--
                    ``(A) the difference between the percentage of 
                committed procurement livestock so reported and 100 
                percent; and
                    ``(B)(i) during each of calendar years 2024 and 
                2025, 20 percent;
                    ``(ii) during each of calendar years 2026 and 2027, 
                30 percent; and
                    ``(iii) during calendar year 2028 and each calendar 
                year thereafter, 50 percent.
    ``(d) Nonpreemption.--This section does not preempt any requirement 
of a State or political subdivision of a State that requires a covered 
packer to purchase on the spot market a greater percentage of the 
livestock purchased by the covered packer than is required under this 
section.''.

SEC. 206. 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 of the Packers and Stockyards Act, 1921 (7 U.S.C. 
228a), is amended by inserting ``or poultry care'' after ``on account 
of poultry''.
    (c) Violations by Live Poultry Dealers.--Section 411 of the Packers 
and Stockyards Act, 1921 (7 U.S.C. 228b-2), is amended--
            (1) in subsection (a), in the first sentence, by striking 
        ``any provision of section 207 or section 410 of''; and
            (2) in subsection (b), in the first sentence, by striking 
        ``any provisions of section 207 or section 410'' and inserting 
        ``any provision''.

SEC. 207. ENSURING FAIR PRACTICES IN AGRICULTURE.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Agriculture shall implement, without amendment, the 
final rule titled ``Unfair Practices and Undue Preferences in Violation 
of the Packers and Stockyards Act'' and published in the Federal 
Register by the Department of Agriculture on December 20, 2016 (81 Fed. 
Reg. 92703).

SEC. 208. AWARD OF ATTORNEY FEES.

    Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194), 
is amended by adding at the end the following:
                            ``(i) 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. 209. REVIEW AND REPORT ON FRAGILITY AND NATIONAL SECURITY IN THE 
              FOOD SYSTEM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) conduct a review of the fragility of the food system in 
        the United States with respect to meat, poultry, and dairy; and
            (2) submit to Congress a report containing the results of 
        such review.
    (b) Requirements.--The report under subsection (a) shall include 
information on, and an analysis of--
            (1) the reach of corporate consolidation and corporate 
        control of the meat, poultry, and dairy supply chain, including 
        animal feed, inputs for animal feed, processing, and 
        distribution;
            (2) the effects of corporate consolidation and corporate 
        control of the meat, poultry, and dairy supply chain on--
                    (A) consumers, farmers, rural communities, and 
                meat, poultry, and dairy processing workers;
                    (B) greenhouse gas emissions, climate change, and 
                costs borne by communities to adapt to climate change;
                    (C) water quality, soil quality, air quality, and 
                biodiversity; and
                    (D) politics and political lobbying;
            (3)(A) the extent to which Department of Agriculture rules 
        and regulations designed for large covered establishments are 
        applied to small- and medium-sized covered establishments; and
            (B) the need for the Secretary of Agriculture to adapt 
        rules and regulations to benefit small- and medium-sized 
        covered establishments;
            (4) the effects of the COVID-19 pandemic on meat, poultry, 
        and dairy exports; meat, poultry, and dairy cold storage 
        inventories; processing rates of meat, poultry, and dairy; and 
        the net profits earned by owners of covered establishments;
            (5) the effect of the COVID-19 pandemic on meat, poultry, 
        and dairy prices paid--
                    (A) to farmers; and
                    (B) by consumers;
            (6) Federal support for the corporations that control the 
        largest percentage of the meat, poultry, and dairy industry 
        through contracts, procurement, subsidies, and other 
        mechanisms;
            (7) the risk of disruption caused by corporate 
        consolidation among covered establishments, including an 
        analysis of food supply chain issues resulting from the COVID-
        19 pandemic; and
            (8) the extent to which breaking up the meat packing 
        oligopoly and the dairy processing oligopoly would increase 
        food system resiliency for the next pandemic.
    (c) Covered Establishment Defined.--In this section, the term 
``covered establishment'' means--
            (1) an establishment that is subject to inspection under 
        the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);
            (2) an establishment that is subject to inspection under 
        the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); 
        and
            (3) an establishment--
                    (A) that is a dairy operation (as defined in 
                section 1401 of the Agricultural Act of 2014 (7 U.S.C. 
                9051)); or
                    (B) that processes dairy.

SEC. 210. TECHNICAL AMENDMENTS.

    (a) 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'';
                    (B) by striking ``his charges'' and inserting ``the 
                charges''; and
                    (C) by striking ``evidence introduced against him'' 
                and inserting ``evidence introduced against the packer, 
                live poultry dealer, or swine contractor'';
            (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''.
    (b) 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 its'';
            (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''.

 TITLE III--PROVIDING RESOURCES FOR BEGINNING, RETIRING, AND SOCIALLY 
                   DISADVANTAGED FARMERS AND RANCHERS

SEC. 301. REAUTHORIZATION AND INCREASED FUNDING FOR BEGINNING, 
              RETIRING, AND SOCIALLY DISADVANTAGED FARMERS AND 
              RANCHERS.

    (a) Mandatory Funding.--Section 2501(l)(1) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(l)(1)) 
is amended--
            (1) in subparagraph (C), by striking ``and'';
            (2) in subparagraph (D), by striking ``2023 and each fiscal 
        year thereafter.'' and inserting ``2023; and''; and
            (3) by adding at the end the following:
                    ``(E) $100,000,000 for each of fiscal years 2024 
                through 2028.''.
    (b) Authorization of Appropriations.--Section 2501(l)(2) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
2279(l)(2)) is amended by striking ``$50,000,000 for each of fiscal 
years 2019 through 2023'' and inserting ``$100,000,000 for each of 
fiscal years 2024 through 2028''.

  TITLE IV--LIVESTOCK, DAIRY, AND POULTRY SUPPLY CHAIN INFRASTRUCTURE

SEC. 401. LIVESTOCK, DAIRY, AND POULTRY SUPPLY CHAIN INFRASTRUCTURE 
              GRANTS AND LOANS.

    Subtitle D of title III of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1981 et seq.) is amended by adding at the end 
the following new section:

``SEC. 379I. LIVESTOCK, DAIRY, AND POULTRY SUPPLY CHAIN INFRASTRUCTURE.

    ``(a) In General.--The Secretary is authorized to provide grants or 
make or insure loans under any of the programs authorized by this Act, 
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.), or the 
Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), as the 
Secretary determines to be appropriate, to assist farmers and rural 
businesses and cooperatives to maintain or increase the production, 
aggregation, processing, distribution, and marketing of value-added, 
niche, or regionally marketed meat, dairy, and poultry products.
    ``(b) Priority.--In implementing subsection (a), the Secretary 
shall give priority to grants or loans that will help increase or 
enhance the availability and geographic distribution of small 
processing facilities.
    ``(c) Small Processing Facility Defined.--In this section, the term 
`small processing facility' means--
            ``(1) a selected establishment (as defined in section 
        501(a) of the Federal Meat Inspection Act (21 U.S.C. 683(a)));
            ``(2) a selected establishment (as defined in section 31(a) 
        of the Poultry Products Inspection Act (21 U.S.C. 472(a))); and
            ``(3) an establishment that--
                    ``(A) specializes in processing milk, cream, or 
                dairy products; and
                    ``(B) processes fewer than 100,000 pounds of milk, 
                cream, or dairy products per day.''.

SEC. 402. PILOT PROGRAM FOR INCREASED ACCESSIBILITY TO INSPECTION AND 
              TECHNICAL ASSISTANCE FOR ELIGIBLE PROCESSING FACILITIES.

    (a) In General.--The Secretary shall carry out a 5-year pilot 
program within the Food Safety and Inspection Service--
            (1) to expand the availability of processing inspectors, 
        technical assistance, and onsite inspection for eligible 
        processing facilities, including no-cost overtime inspections; 
        and
            (2) to identify and train part-time inspectors and 
        technical assistance providers.
    (b) Professional Experience.--The Secretary shall determine the 
appropriate professional experience of inspectors and providers 
described in subsection (a)(2), which shall include individuals with 
expertise in veterinary medicine, public health, food service 
management, and animal science, as applicable.
    (c) Definitions.--In this section:
            (1) Eligible processing facility.--The term ``eligible 
        processing facility'' means--
                    (A) an eligible facility described in section 764 
                of division N of the Consolidated Appropriations Act, 
                2021 (21 U.S.C. 473), that has a labor peace agreement 
                in place; and
                    (B) a dairy processing facility that has a labor 
                peace agreement in place.
            (2) Labor peace agreement.--The term ``labor peace 
        agreement'' means an agreement--
                    (A) between an employer and a labor organization 
                that represents, or is actively seeking to represent, 
                the employees of the employer; and
                    (B) under which such employer and labor 
                organization agree that--
                            (i) the employer--
                                    (I) will not hinder any effort of 
                                an employee to join a labor 
                                organization; and
                                    (II) will not take any action that 
                                directly or indirectly indicates or 
                                implies any opposition to an employee 
                                joining a labor organization;
                            (ii) the labor organization agrees to 
                        refrain from picketing, work stoppages, or 
                        boycotts against the employer;
                            (iii) the employer provides the labor 
                        organization with employee contact information, 
                        and facilitates or permits labor organization 
                        access to employees at the workplace, including 
                        facilitating or permitting the labor 
                        organization to meet with employees to discuss 
                        joining the labor organization; and
                            (iv) the employer shall, upon the request 
                        of the labor organization, recognize the labor 
                        organization as the bargaining representative 
                        of the employees if a majority of the employees 
                        choose the labor organization as their 
                        bargaining representative.
                                 <all>