[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 1464

Public Law 109-296
109th Congress

An Act


 
To reauthorize the Livestock Mandatory Reporting Act of 1999 and to
amend the swine reporting provisions of that NOTE: Oct. 5,
2006 -  [H.R. 3408] Act.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXTENSION.

(a) In General.--Chapter 5 of subtitle B of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at
the end the following new section:
``SEC. 260. TERMINATION OF NOTE: 7 USC 1636i. AUTHORITY.

``The authority provided by this subtitle terminates on September
30, 2010.''.
(b) 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 ``terminate on September 30, 2005''
and inserting ``(other than section 911 of subtitle A and the amendments
made by that section) terminate on September 30, 2010''.
SEC. 2. DEFINITIONS.

(a) Base Market Hogs.--Section 231(4) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1635i(4)) is amended to read as follows:
``(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.''.

(b) Boars.--Section 231(5) of such Act (7 U.S.C. 1635i(5)) is
amended to read as follows:
``(5) Boar.--The term `boar' means a sexually-intact male
swine.''.

(c) Packer of Sows and Boars.--Section 231(12) of such Act (7 U.S.C.
1635i(12)) is amended by--
(1) striking subparagraph (B) and inserting the following
new subparagraph:
``(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''; and
(2) in subparagraph (C)--

[[Page 1465]]
120 STAT. 1465

(A) by inserting ``or person'' after ``swine
processing plant'';
(B) by inserting ``or person'' after ``plant
capacity of the processing plant''; and
(C) by inserting ``or person'' after ``determining
whether the processing plant''.
SEC. 3. REPORTING; BARROWS AND GILTS.

Section 232(c) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635j(c)) is amended to read as follows:
``(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 purchased 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

[[Page 1466]]
120 STAT. 1466

``(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 all 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

[[Page 1467]]
120 STAT. 1467

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 NOTE: Deadlines. 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
highest 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

[[Page 1468]]
120 STAT. 1468

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 NOTE: Deadline. 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 NOTE: Deadline. 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.''.
SEC. 4. REPORTING; SOWS AND BOARS.

Section 232 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635j) is amended by--
(1) redesignating subsection (d) as subsection (e); and
(2) inserting after subsection (c) the following new
subsection:

``(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--

[[Page 1469]]
120 STAT. 1469

``(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 NOTE: Deadline. 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.

[[Page 1470]]
120 STAT. 1470

``(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.''.

Approved October 5, 2006.

LEGISLATIVE HISTORY--H.R. 3408:
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CONGRESSIONAL RECORD:
Vol. 151 (2005):
Sept. 14, considered and passed
House.
Vol. 152 (2006):
Sept. 20, considered and passed
Senate.