H. R. 3408

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

An Act 

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

the swine reporting provisions of that 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 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)—
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(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 
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‘‘(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 
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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 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 
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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 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 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—
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‘‘(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 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.
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‘‘(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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.