IIB 

109TH CONGRESS 

1ST SESSION H. R. 3408 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2005 

Received 

OCTOBER 7 (legislative day, OCTOBER 6), 2005 

Read twice and referred to the Committee on Agriculture, Nutrition, and 

Forestry 

AN ACT 

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, 
2 

HR 3408 RFS 

1 SECTION 1. EXTENSION. 

2 (a) IN GENERAL.—Chapter 5 of subtitle B of the Ag3 ricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) 

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

5 ‘‘SEC. 260. TERMINATION OF AUTHORITY. 

6 ‘‘The authority provided by this subtitle terminates 

7 on September 30, 2010.’’. 

8 (b) CONFORMING AMENDMENT AND EXTENSION.— 

9 Section 942 of the Livestock Mandatory Reporting Act of 

10 1999 (7 U.S.C. 1635 note; Public Law 106–78) is amend11 ed by striking ‘‘terminate on September 30, 2005’’ and 

12 inserting ‘‘(other than section 911 of subtitle A and the 

13 amendments made by that section) terminate on Sep14 tember 30, 2010’’. 

15 SEC. 2. DEFINITIONS. 

16 (a) BASE MARKET HOGS.—Section 231(4) of the Ag17 ricultural Marketing Act of 1946 (7 U.S.C. 1635i(4)) is 

18 amended to read as follows: 

19 ‘‘(4) BASE MARKET HOG.—The term ‘base mar20 ket hog’ means a barrow or gilt for which no dis21 counts are subtracted from and no premiums are 

22 added to the base price.’’. 

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

24 1635i(5)) is amended to read as follows: 

25 ‘‘(5) BOAR.—The term ‘boar’ means a sexually26 intact male swine.’’. 
3 

HR 3408 RFS 

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

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

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

4 following new subparagraph: 

5 ‘‘(B) for any calendar year, the term in6 cludes only— 

7 ‘‘(i) a swine processing plant that 

8 slaughtered an average of at least 100,000 

9 swine per year during the immediately pre10 ceding five calendar years; and 

11 ‘‘(ii) a person that slaughtered an av12 erage of at least 200,000 sows, boars, or 

13 any combination thereof, per year during 

14 the immediately preceding five calendar 

15 years; and’’; and 

16 (2) in subparagraph (C)— 

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

18 processing plant’’; 

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

20 capacity of the processing plant’’; and 

21 (C) by inserting ‘‘or person’’ after ‘‘deter22 mining whether the processing plant’’. 

23 SEC. 3. REPORTING; BARROWS AND GILTS. 

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

25 1946 (7 U.S.C. 1635j(c)) is amended to read as follows: 
4 

HR 3408 RFS 

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

2 ‘‘(1) PRIOR DAY REPORT.— 

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

4 or officially designated representatives of each 

5 packer processing plant that processes barrows 

6 or gilts shall report to the Secretary, for each 

7 business day of the packer, such information as 

8 the Secretary determines necessary and appro9 priate to— 

10 ‘‘(i) comply with the publication re11 quirements of this section; and 

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

13 the information by producers, packers, and 

14 other market participants. 

15 ‘‘(B) REPORTING DEADLINE AND PLANTS

16 REQUIRED TO REPORT.—A packer required to 

17 report under subparagraph (A) shall— 

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

19 Time on each reporting day, report infor20 mation regarding all barrows and gilts pur21 chased or priced, and 

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

23 Time on each reporting day, report infor24 mation regarding all barrows and gilts 

25 slaughtered, 
5 

HR 3408 RFS 

1 during the prior business day of the packer. 

2 ‘‘(C) INFORMATION REQUIRED.—The in3 formation from the prior business day of a 

4 packer required under this paragraph shall in5 clude— 

6 ‘‘(i) all purchase data, including— 

7 ‘‘(I) the total number of— 

8 ‘‘(aa) barrows and gilts pur9 chased; and 

10 ‘‘(bb) barrows and gilts 

11 scheduled for delivery; and 

12 ‘‘(II) the base price and purchase 

13 data for slaughtered barrows and gilts 

14 for which a price has been established; 

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

16 number of barrows and gilts slaughtered, 

17 including— 

18 ‘‘(I) information concerning the 

19 net price, which shall be equal to the 

20 total amount paid by a packer to a 

21 producer (including all premiums, less 

22 all discounts) per hundred pounds of 

23 carcass weight of barrows and gilts 

24 delivered at the plant— 
6 

HR 3408 RFS 

1 ‘‘(aa) including any sum de2 ducted from the price per hun3 dredweight paid to a producer 

4 that reflects the repayment of a 

5 balance owed by the producer to 

6 the packer or the accumulation of 

7 a balance to later be repaid by 

8 the packer to the producer; and 

9 ‘‘(bb) excluding any sum 

10 earlier paid to a producer that 

11 must later be repaid to the pack12 er; 

13 ‘‘(II) information concerning the 

14 average net price, which shall be equal 

15 to the quotient (stated per hundred 

16 pounds of carcass weight of barrows 

17 and gilts) obtained by dividing— 

18 ‘‘(aa) the total amount paid 

19 for the barrows and gilts slaugh20 tered at a packing plant during 

21 the applicable reporting period, 

22 including all premiums and dis23 counts, and including any sum 

24 deducted from the price per hun25 dredweight paid to a producer 
7 

HR 3408 RFS 

1 that reflects the repayment of a 

2 balance owed by the producer to 

3 the packer, or the accumulation 

4 of a balance to later be repaid by 

5 the packer to the producer, less 

6 all discounts; by 

7 ‘‘(bb) the total carcass 

8 weight (in hundred pound incre9 ments) of the barrows and gilts; 

10 ‘‘(III) information concerning the 

11 lowest net price, which shall be equal 

12 to the lowest net price paid for a sin13 gle lot or a group of barrows or gilts 

14 slaughtered at a packing plant during 

15 the applicable reporting period per 

16 hundred pounds of carcass weight of 

17 barrows and gilts; 

18 ‘‘(IV) information concerning the 

19 highest net price, which shall be equal 

20 to the highest net price paid for a sin21 gle lot or group of barrows or gilts 

22 slaughtered at a packing plant during 

23 the applicable reporting period per 

24 hundred pounds of carcass weight of 

25 barrows and gilts; 
8 

HR 3408 RFS 

1 ‘‘(V) the average carcass weight, 

2 which shall be equal to the quotient 

3 obtained by dividing— 

4 ‘‘(aa) the total carcass 

5 weight of the barrows and gilts 

6 slaughtered at the packing plant 

7 during the applicable reporting 

8 period, by 

9 ‘‘(bb) the number of the 

10 barrows and gilts described in 

11 item (aa), 

12 adjusted for special slaughter situa13 tions (such as skinning or foot re14 moval), as the Secretary determines 

15 necessary to render comparable car16 cass weights; 

17 ‘‘(VI) the average sort loss, 

18 which shall be equal to the average 

19 discount (in dollars per hundred 

20 pounds carcass weight) for barrows 

21 and gilts slaughtered during the appli22 cable reporting period, resulting from 

23 the fact that the barrows and gilts did 

24 not fall within the individual packer’s 
9 

HR 3408 RFS 

1 established carcass weight or lot vari2 ation range; 

3 ‘‘(VII) the average backfat, which 

4 shall be equal to the average of the 

5 backfat thickness (in inches) meas6 ured between the third and fourth 

7 from the last ribs, 7 centimeters from 

8 the carcass split (or adjusted from the 

9 individual packer’s measurement to 

10 that reference point using an adjust11 ment made by the Secretary) of the 

12 barrows and gilts slaughtered during 

13 the applicable reporting period; 

14 ‘‘(VIII) the average lean percent15 age, which shall be equal to the aver16 age percentage of the carcass weight 

17 comprised of lean meat for the bar18 rows and gilts slaughtered during the 

19 applicable reporting period, except 

20 that when a packer is required to re21 port the average lean percentage 

22 under this subclause, the packer shall 

23 make available to the Secretary the 

24 underlying data, applicable method25 ology and formulae, and supporting 
10 

HR 3408 RFS 

1 materials used to determine the aver2 age lean percentage, which the Sec3 retary may convert to the carcass 

4 measurements or lean percentage of 

5 the barrows and gilts of the individual 

6 packer to correlate to a common per7 cent lean measurement; and 

8 ‘‘(IX) the total slaughter quan9 tity, which shall be equal to the total 

10 number of barrows and gilts slaugh11 tered during the applicable reporting 

12 period, including all types of pur13 chases and barrows and gilts that 

14 qualify as packer-owned swine; and 

15 ‘‘(iii) packer purchase commitments, 

16 which shall be equal to the number of bar17 rows and gilts scheduled for delivery to a 

18 packer for slaughter for each of the next 

19 14 calendar days. 

20 ‘‘(D) PUBLICATION.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 shall publish the information obtained 

23 under this paragraph in a prior day re24 port— 
11 

HR 3408 RFS 

1 ‘‘(I) in the case of information 

2 regarding barrows and gilts purchased 

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

4 Central Time, and 

5 ‘‘(II) in the case of information 

6 regarding barrows and gilts slaugh7 tered, not later than 10:00 a.m. Cen8 tral time, 

9 on the reporting day on which the informa10 tion is received from the packer. 

11 ‘‘(ii) PRICE DISTRIBUTIONS.—The in12 formation published by the Secretary 

13 under clause (i) shall include a distribution 

14 of net prices in the range between and in15 cluding the lowest net price and the high16 est net price reported. The publication 

17 shall include a delineation of the number 

18 of barrows and gilts at each reported price 

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

20 number of barrows and gilts within each of 

21 a series of reasonable price bands within 

22 the range of prices. 

23 ‘‘(2) MORNING REPORT.— 

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

25 or officially designated representatives of each 
12 

HR 3408 RFS 

1 packer processing plant that processes barrows 

2 or gilts shall report to the Secretary not later 

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

4 day— 

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

6 total number of barrows and gilts, and 

7 barrows and gilts that qualify as packer8 owned swine, expected to be purchased 

9 throughout the reporting day through each 

10 type of purchase; 

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

12 gilts, and barrows and gilts that qualify as 

13 packer-owned swine, purchased up to that 

14 time of the reporting day through each 

15 type of purchase; 

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

17 market hogs purchased up to that time of 

18 the reporting day through negotiated pur19 chases; and 

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

21 market hogs purchased through each type 

22 of purchase other than negotiated purchase 

23 up to that time of the reporting day, un24 less such information is unavailable due to 
13 

HR 3408 RFS 

1 pricing that is determined on a delayed 

2 basis. 

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

4 publish the information obtained under this 

5 paragraph in the morning report as soon as 

6 practicable, but not later than 11:00 a.m. Cen7 tral Time, on each reporting day. 

8 ‘‘(3) AFTERNOON REPORT.— 

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

10 or officially designated representatives of each 

11 packer processing plant that processes barrows 

12 or gilts shall report to the Secretary not later 

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

14 day— 

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

16 total number of barrows and gilts, and 

17 barrows and gilts that qualify as packer18 owned swine, expected to be purchased 

19 throughout the reporting day through each 

20 type of purchase; 

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

22 gilts, and barrows and gilts that qualify as 

23 packer-owned swine, purchased up to that 

24 time of the reporting day through each 

25 type of purchase; 
14 

HR 3408 RFS 

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

2 market hogs purchased up to that time of 

3 the reporting day through negotiated pur4 chases; and 

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

6 market hogs purchased up to that time of 

7 the reporting day through each type of 

8 purchase other than negotiated purchase, 

9 unless such information is unavailable due 

10 to pricing that is determined on a delayed 

11 basis. 

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

13 publish the information obtained under this 

14 paragraph in the afternoon report as soon as 

15 practicable, but not later than 3:00 p.m. Cen16 tral Time, on each reporting day.’’. 

17 SEC. 4. REPORTING; SOWS AND BOARS. 

18 Section 232 of the Agricultural Marketing Act of 

19 1946 (7 U.S.C. 1635j) is amended by— 

20 (1) redesignating subsection (d) as subsection 

21 (e); and 

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

23 new subsection: 

24 ‘‘(d) DAILY REPORTING; SOWS AND BOARS.— 
15 

HR 3408 RFS 

1 ‘‘(1) PRIOR DAY REPORT.—The corporate offi2 cers or officially designated representatives of each 

3 packer of sows and boars shall report to the Sec4 retary, for each business day of the packer, such in5 formation reported by hog class as the Secretary de6 termines necessary and appropriate to— 

7 ‘‘(A) comply with the publication require8 ments of this section; and 

9 ‘‘(B) provide for the timely access to the 

10 information by producers, packers, and other 

11 market participants. 

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

13 Central Time, or such other time as the Secretary 

14 considers appropriate, on each reporting day, a 

15 packer required to report under paragraph (1) shall 

16 report information regarding all sows and boars pur17 chased or priced during the prior business day of the 

18 packer. 

19 ‘‘(3) INFORMATION REQUIRED.—The informa20 tion from the prior business day of a packer re21 quired under this subsection shall include all pur22 chase data, including— 

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

24 and the total number of boars purchased, each 
16 

HR 3408 RFS 

1 divided into at least three reasonable and mean2 ingful weight classes specified by the Secretary; 

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

4 packer-owned swine; 

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

6 packer-owned swine; 

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

8 ‘‘(E) the average price paid for all boars; 

9 ‘‘(F) the average price paid for sows in 

10 each weight class specified by the Secretary 

11 under subparagraph (A); 

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

13 each weight class specified by the Secretary 

14 under subparagraph (A); 

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

16 of boars for which prices are determined, by 

17 each type of purchase; 

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

19 average prices for boars for which prices are de20 termined, by each type of purchase; and 

21 ‘‘(J) such other information as the Sec22 retary considers appropriate to carry out this 

23 subsection. 

24 ‘‘(4) PRICE CALCULATIONS WITHOUT PACKER25 OWNED SWINE.—A packer shall omit the prices of 
17 

HR 3408 RFS 

1 sows and boars that qualify as packer-owned swine 

2 from all average price calculations, price range cal3 culations, and reports required by this subsection. 

4 ‘‘(5) REPORTING EXCEPTION: PUBLIC AUCTION

5 PURCHASES.—The information required to be re6 ported under this subsection shall not include pur7 chases of sows or boars made by agents of the re8 porting packer at a public auction at which the title 

9 of the sows and boars is transferred directly from 

10 the producer to such packer. 

11 ‘‘(6) PUBLICATION.—The Secretary shall pub12 lish the information obtained under this paragraph 

13 in a prior day report not later than 11:00 a.m. Cen14 tral Time on the reporting day on which the infor15 mation is received from the packer. 

16 ‘‘(7) ELECTRONIC SUBMISSION OF INFORMA17 TION.—The Secretary of Agriculture shall provide 

18 for the electronic submission of any information re19 quired to be reported under this subsection through 
18 

HR 3408 RFS 

1 an Internet website or equivalent electronic means 

2 maintained by the Department of Agriculture.’’. 

Passed the House of Representatives September 14, 

2005. 

Attest: JEFF TRANDAHL, 

Clerk. 

By GERASIMOS C. VANS, 

Deputy Clerk.