I 

109TH CONGRESS 

1ST SESSION H. R. 3408 

To reauthorize the Livestock Mandatory Reporting Act of 1999 and to amend 

the swine reporting provisions of that Act. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2005 

Mr. GOODLATTE (for himself and Mr. PETERSON of Minnesota) introduced 

the following bill; which was referred to the Committee on Agriculture 

A BILL 

To reauthorize the Livestock Mandatory Reporting Act of 

1999 and to amend the swine reporting provisions of 

that Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION. 

4 (a) IN GENERAL.—Chapter 5 of subtitle B of the Ag5 ricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) 

6 is amended by adding at the end the following new section: 

7 ‘‘SEC. 260. TERMINATION OF AUTHORITY. 

8 ‘‘The authority provided by this subtitle terminates 

9 on September 30, 2010.’’. 
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1 (b) CONFORMING AMENDMENT AND EXTENSION.— 

2 Section 942 of the Livestock Mandatory Price Reporting 

3 Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78) 

4 is amended by striking ‘‘terminate on September 30, 

5 2005’’ and inserting ‘‘(other than section 911 of subtitle 

6 A and the amendments made by that section) terminate 

7 on September 30, 2010’’. 

8 SEC. 2. DEFINITIONS. 

9 (a) BASE MARKET HOGS.—Section 231(4) of the Ag10 ricultural Marketing Act of 1946 (7 U.S.C. 1635i(4)) is 

11 amended to read as follows: 

12 ‘‘(4) BASE MARKET HOG.—The term ‘base mar13 ket hog’ means a barrow or gilt for which no dis14 counts are subtracted from and no premiums are 

15 added to the base price.’’. 

16 (b) BOARS.—Section 231(5) of such Act (7 U.S.C. 

17 1635i(5)) is amended to read as follows: 

18 ‘‘(5) BOAR.—The term ‘boar’ means a sexually19 intact male swine.’’. 

20 (c) PACKER OF SOWS AND BOARS.—Section 231(12) 

21 of such Act (7 U.S.C. 1635i(12)) is amended by— 

22 (1) striking subparagraph (B) and inserting the 

23 following new subparagraph: 

24 ‘‘(B) for any calendar year, the term in25 cludes only— 
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1 ‘‘(i) a swine processing plant that 

2 slaughtered an average of at least 100,000 

3 swine per year during the immediately pre4 ceding five calendar years; and 

5 ‘‘(ii) a person that slaughtered an av6 erage of at least 200,000 sows, boars, or 

7 any combination thereof, per year during 

8 the immediately preceding five calendar 

9 years; and’’; and 

10 (2) in subparagraph (C)— 

11 (A) by inserting ‘‘or person’’ after ‘‘swine 

12 processing plant’’; 

13 (B) by inserting ‘‘or person’’ after ‘‘plant 

14 capacity of the processing plant’’; and 

15 (C) by inserting ‘‘or person’’ after ‘‘deter16 mining whether the processing plant’’. 

17 SEC. 3. REPORTING; BARROWS AND GILTS. 

18 Section 232(c) of the Agricultural Marketing Act of 

19 1946 (7 U.S.C. 1635j(c)) is amended to read as follows: 

20 ‘‘(c) DAILY REPORTING; BARROWS AND GILTS.— 

21 ‘‘(1) PRIOR DAY REPORT.— 

22 ‘‘(A) IN GENERAL.—The corporate officers 

23 or officially designated representatives of each 

24 packer processing plant that processes barrows 

25 or gilts shall report to the Secretary, for each 
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1 business day of the packer, such information as 

2 the Secretary determines necessary and appro3 priate to— 

4 ‘‘(i) comply with the publication re5 quirements of this section; and 

6 ‘‘(ii) provide for the timely access to 

7 the information by producers, packers, and 

8 other market participants. 

9 ‘‘(B) REPORTING DEADLINE AND PLANTS

10 REQUIRED TO REPORT.—A packer required to 

11 report under subparagraph (A) shall— 

12 ‘‘(i) not later than 7:00 a.m. Central 

13 Time on each reporting day, report infor14 mation regarding all barrows and gilts pur15 chased or priced, and 

16 ‘‘(ii) not later than 9:00 a.m. Central 

17 Time on each reporting day, report infor18 mation regarding all barrows and gilts 

19 slaughtered, 

20 during the prior business day of the packer. 

21 ‘‘(C) INFORMATION REQUIRED.—The in22 formation from the prior business day of a 

23 packer required under this paragraph shall in24 clude— 

25 ‘‘(i) all purchase data, including— 
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1 ‘‘(I) the total number of— 

2 ‘‘(aa) barrows and gilts pur3 chased; and 

4 ‘‘(bb) barrows and gilts 

5 scheduled for delivery; and 

6 ‘‘(II) the base price and purchase 

7 data for slaughtered barrows and gilts 

8 for which a price has been established; 

9 ‘‘(ii) all slaughter data for the total 

10 number of barrows and gilts slaughtered, 

11 including— 

12 ‘‘(I) information concerning the 

13 net price, which shall be equal to the 

14 total amount paid by a packer to a 

15 producer (including all premiums, less 

16 all discounts) per hundred pounds of 

17 carcass weight of barrows and gilts 

18 delivered at the plant— 

19 ‘‘(aa) including any sum de20 ducted from the price per hun21 dredweight paid to a producer 

22 that reflects the repayment of a 

23 balance owed by the producer to 

24 the packer or the accumulation of 
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1 a balance to later be repaid by 

2 the packer to the producer; and 

3 ‘‘(bb) excluding any sum 

4 earlier paid to a producer that 

5 must later be repaid to the pack6 er; 

7 ‘‘(II) information concerning the 

8 average net price, which shall be equal 

9 to the quotient (stated per hundred 

10 pounds of carcass weight of barrows 

11 and gilts) obtained by dividing— 

12 ‘‘(aa) the total amount paid 

13 for the barrows and gilts slaugh14 tered at a packing plant during 

15 the applicable reporting period, 

16 including all premiums and dis17 counts, and including any sum 

18 deducted from the price per hun19 dredweight paid to a producer 

20 that reflects the repayment of a 

21 balance owed by the producer to 

22 the packer, or the accumulation 

23 of a balance to later be repaid by 

24 the packer to the producer, less 

25 all discounts; by 
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1 ‘‘(bb) the total carcass 

2 weight (in hundred pound incre3 ments) of the barrows and gilts; 

4 ‘‘(III) information concerning the 

5 lowest net price, which shall be equal 

6 to the lowest net price paid for a sin7 gle lot or a group of barrows or gilts 

8 slaughtered at a packing plant during 

9 the applicable reporting period per 

10 hundred pounds of carcass weight of 

11 barrows and gilts; 

12 ‘‘(IV) information concerning the 

13 highest net price, which shall be equal 

14 to the highest net price paid for a sin15 gle lot or group of barrows or gilts 

16 slaughtered at a packing plant during 

17 the applicable reporting period per 

18 hundred pounds of carcass weight of 

19 barrows and gilts; 

20 ‘‘(V) the average carcass weight, 

21 which shall be equal to the quotient 

22 obtained by dividing— 

23 ‘‘(aa) the total carcass 

24 weight of the barrows and gilts 

25 slaughtered at the packing plant 
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1 during the applicable reporting 

2 period, by 

3 ‘‘(bb) the number of the 

4 barrows and gilts described in 

5 item (aa), 

6 adjusted for special slaughter situa7 tions (such as skinning or foot re8 moval), as the Secretary determines 

9 necessary to render comparable car10 cass weights; 

11 ‘‘(VI) the average sort loss, 

12 which shall be equal to the average 

13 discount (in dollars per hundred 

14 pounds carcass weight) for barrows 

15 and gilts slaughtered during the appli16 cable reporting period, resulting from 

17 the fact that the barrows and gilts did 

18 not fall within the individual packer’s 

19 established carcass weight or lot vari20 ation range; 

21 ‘‘(VII) the average backfat, which 

22 shall be equal to the average of the 

23 backfat thickness (in inches) meas24 ured between the third and fourth 

25 from the last ribs, 7 centimeters from 
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1 the carcass split (or adjusted from the 

2 individual packer’s measurement to 

3 that reference point using an adjust4 ment made by the Secretary) of the 

5 barrows and gilts slaughtered during 

6 the applicable reporting period; 

7 ‘‘(VIII) the average lean percent8 age, which shall be equal to the aver9 age percentage of the carcass weight 

10 comprised of lean meat for the bar11 rows and gilts slaughtered during the 

12 applicable reporting period, except 

13 that when a packer is required to re14 port the average lean percentage 

15 under this subclause, the packer shall 

16 make available to the Secretary the 

17 underlying data, applicable method18 ology and formulae, and supporting 

19 materials used to determine the aver20 age lean percentage, which the Sec21 retary may convert to the carcass 

22 measurements or lean percentage of 

23 the barrows and gilts of the individual 

24 packer to correlate to a common per25 cent lean measurement; and 
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1 ‘‘(IX) the total slaughter quan2 tity, which shall be equal to the total 

3 number of barrows and gilts slaugh4 tered during the applicable reporting 

5 period, including all types of pur6 chases and barrows and gilts that 

7 qualify as packer-owned swine; and 

8 ‘‘(iii) packer purchase commitments, 

9 which shall be equal to the number of bar10 rows and gilts scheduled for delivery to a 

11 packer for slaughter for each of the next 

12 14 calendar days. 

13 ‘‘(D) PUBLICATION.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 shall publish the information obtained 

16 under this paragraph in a prior day re17 port— 

18 ‘‘(I) in the case of information 

19 regarding barrows and gilts purchased 

20 or priced, not later than 8:00 a.m. 

21 Central Time, and 

22 ‘‘(II) in the case of information 

23 regarding barrows and gilts slaugh24 tered, not later than 10:00 a.m. Cen25 tral time, 
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1 on the reporting day on which the informa2 tion is received from the packer. 

3 ‘‘(ii) PRICE DISTRIBUTIONS.—The in4 formation published by the Secretary 

5 under clause (i) shall include a distribution 

6 of net prices in the range between and in7 cluding the lowest net price and the high8 est net price reported. The publication 

9 shall include a delineation of the number 

10 of barrows and gilts at each reported price 

11 level or, at the option of the Secretary, the 

12 number of barrows and gilts within each of 

13 a series of reasonable price bands within 

14 the range of prices. 

15 ‘‘(2) MORNING REPORT.— 

16 ‘‘(A) IN GENERAL.—The corporate officers 

17 or officially designated representatives of each 

18 packer processing plant that processes barrows 

19 or gilts shall report to the Secretary not later 

20 than 10:00 a.m. Central Time each reporting 

21 day— 

22 ‘‘(i) the packer’s best estimate of the 

23 total number of barrows and gilts, and 

24 barrows and gilts that qualify as packer25 owned swine, expected to be purchased 
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1 throughout the reporting day through each 

2 type of purchase; 

3 ‘‘(ii) the total number of barrows and 

4 gilts, and barrows and gilts that qualify as 

5 packer-owned swine, purchased up to that 

6 time of the reporting day through each 

7 type of purchase; 

8 ‘‘(iii) the base price paid for all base 

9 market hogs purchased up to that time of 

10 the reporting day through negotiated pur11 chases; and 

12 ‘‘(iv) the base price paid for all base 

13 market hogs purchased through each type 

14 of purchase other than negotiated purchase 

15 up to that time of the reporting day, un16 less such information is unavailable due to 

17 pricing that is determined on a delayed 

18 basis. 

19 ‘‘(B) PUBLICATION.—The Secretary shall 

20 publish the information obtained under this 

21 paragraph in the morning report as soon as 

22 practicable, but not later than 11:00 a.m. Cen23 tral Time, on each reporting day. 

24 ‘‘(3) AFTERNOON REPORT.— 
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1 ‘‘(A) IN GENERAL.—The corporate officers 

2 or officially designated representatives of each 

3 packer processing plant that processes barrows 

4 or gilts shall report to the Secretary not later 

5 than 2:00 p.m. Central Time each reporting 

6 day— 

7 ‘‘(i) the packer’s best estimate of the 

8 total number of barrows and gilts, and 

9 barrows and gilts that qualify as packer10 owned swine, expected to be purchased 

11 throughout the reporting day through each 

12 type of purchase; 

13 ‘‘(ii) the total number of barrows and 

14 gilts, and barrows and gilts that qualify as 

15 packer-owned swine, purchased up to that 

16 time of the reporting day through each 

17 type of purchase; 

18 ‘‘(iii) the base price paid for all base 

19 market hogs purchased up to that time of 

20 the reporting day through negotiated pur21 chases; and 

22 ‘‘(iv) the base price paid for all base 

23 market hogs purchased up to that time of 

24 the reporting day through each type of 

25 purchase other than negotiated purchase, 
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1 unless such information is unavailable due 

2 to pricing that is determined on a delayed 

3 basis. 

4 ‘‘(B) PUBLICATION.—The Secretary shall 

5 publish the information obtained under this 

6 paragraph in the afternoon report as soon as 

7 practicable, but not later than 3:00 p.m. Cen8 tral Time, on each reporting day.’’. 

9 SEC. 4. REPORTING; SOWS AND BOARS. 

10 Section 232 of the Agricultural Marketing Act of 

11 1946 (7 U.S.C. 1635j) is amended by— 

12 (1) redesignating subsection (d) as subsection 

13 (e); and 

14 (2) inserting after subsection (c) the following 

15 new subsection: 

16 ‘‘(d) DAILY REPORTING; SOWS AND BOARS.— 

17 ‘‘(1) PRIOR DAY REPORT.—The corporate offi18 cers or officially designated representatives of each 

19 packer of sows and boars shall report to the Sec20 retary, for each business day of the packer, such in21 formation reported by hog class as the Secretary de22 termines necessary and appropriate to— 

23 ‘‘(A) comply with the publication require24 ments of this section; and 
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1 ‘‘(B) provide for the timely access to the 

2 information by producers, packers, and other 

3 market participants. 

4 ‘‘(2) REPORTING.—Not later than 9:30 a.m. 

5 Central Time, or such other time as the Secretary 

6 considers appropriate, on each reporting day, a 

7 packer required to report under paragraph (1) shall 

8 report information regarding all sows and boars pur9 chased or priced during the prior business day of the 

10 packer. 

11 ‘‘(3) INFORMATION REQUIRED.—The informa12 tion from the prior business day of a packer re13 quired under this subsection shall include all pur14 chase data, including— 

15 ‘‘(A) the total number of sows purchased 

16 and the total number of boars purchased, each 

17 divided into at least three reasonable and mean18 ingful weight classes specified by the Secretary; 

19 ‘‘(B) the number of sows that qualify as 

20 packer-owned swine; 

21 ‘‘(C) the number of boars that qualify as 

22 packer-owned swine; 

23 ‘‘(D) the average price paid for all sows; 

24 ‘‘(E) the average price paid for all boars; 
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1 ‘‘(F) the average price paid for sows in 

2 each weight class specified by the Secretary 

3 under subparagraph (A); 

4 ‘‘(G) the average price paid for boars in 

5 each weight class specified by the Secretary 

6 under subparagraph (A); 

7 ‘‘(H) the number of sows and the number 

8 of boars for which prices are determined, by 

9 each type of purchase; 

10 ‘‘(I) the average prices for sows and the 

11 average prices for boars for which prices are de12 termined, by each type of purchase; and 

13 ‘‘(J) such other information as the Sec14 retary considers appropriate to carry out this 

15 subsection. 

16 ‘‘(4) PRICE CALCULATIONS WITHOUT PACKER17 OWNED SWINE.—A packer shall omit the prices of 

18 sows and boars that qualify as packer-owned swine 

19 from all average price calculations, price range cal20 culations, and reports required by this subsection. 

21 ‘‘(5) REPORTING EXCEPTION: PUBLIC AUCTION

22 PURCHASES.—The information required to be re23 ported under this subsection shall not include pur24 chases of sows or boars made by agents of the re25 porting packer at a public auction at which the title 
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1 of the sows and boars is transferred directly from 

2 the producer to such packer. 

3 ‘‘(6) PUBLICATION.—The Secretary shall pub4 lish the information obtained under this paragraph 

5 in a prior day report not later than 11:00 a.m. Cen6 tral Time on the reporting day on which the infor7 mation is received from the packer. 

8 ‘‘(7) ELECTRONIC SUBMISSION OF INFORMA9 TION.—The Secretary of Agriculture shall provide 

10 for the electronic submission of any information re11 quired to be reported under this subsection through 

12 an Internet website or equivalent electronic means 

13 maintained by the Department of Agriculture.’’. 

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