I 

118TH CONGRESS 

1ST SESSION H. R. 797 

To place a moratorium on large concentrated animal feeding operations, 

to strengthen the Packers and Stockyards Act, 1921, to require country 

of origin labeling on beef, pork, and dairy products, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. KHANNA (for himself, Ms. BUSH, Mr. LYNCH, Ms. PRESSLEY, Ms. 

BARRAGA ́N, Mr. GOMEZ, Mr. NADLER, Mr. BLUMENAUER, Ms. JAYAPAL, 

Mr. BOWMAN, Mr. POCAN, Mr. LEVIN, Mr. KRISHNAMOORTHI, Ms. 

MCCOLLUM, Mr. COHEN, Mr. RASKIN, Mr. MCGOVERN, Ms. MENG, and 

Ms. NORTON) introduced the following bill; which was referred to the 

Committee on Agriculture, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To place a moratorium on large concentrated animal feeding 

operations, to strengthen the Packers and Stockyards 

Act, 1921, to require country of origin labeling on beef, 

pork, and dairy products, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Farm System Reform Act of 2023’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—ANIMAL FEEDING OPERATIONS 

Sec. 101. Definitions. 

Sec. 102. Moratorium on large concentrated animal feeding operations. 

Sec. 103. Voluntary debt forgiveness and transition assistance program for animal feeding operations. 

Sec. 104. Integrator responsibilities and liabilities. 

TITLE II—AMENDMENTS TO PACKERS AND STOCKYARDS ACT, 

1921 

Sec. 201. Definitions. 

Sec. 202. Unlawful practices. 

Sec. 203. Spot market purchases of livestock by packers. 

Sec. 204. Investigation of live poultry dealers. 

Sec. 205. Award of attorney fees. 

Sec. 206. Technical amendments. 

TITLE III—LABELING OF MEAT AND DAIRY PRODUCTS 

Sec. 301. Restoration of mandatory country of origin labeling for beef and 

pork; inclusion of dairy products. 

Sec. 302. Truth in labeling for meat and meat food products. 

6 SEC. 2. DEFINITION OF SECRETARY. 

7 In this Act, the term ‘‘Secretary’’ means the Sec8 retary of Agriculture. 

9 TITLE I—ANIMAL FEEDING 

10 OPERATIONS 

11 SEC. 101. DEFINITIONS. 

12 In this title: 

13 (1) AGRONOMIC REQUIREMENT.— 


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1 (A) IN GENERAL.—The term ‘‘agronomic 

2 requirement’’ means the quantity of nutrient 

3 necessary to achieve a reasonable yield goal for 

4 a crop, as determined based on land grant uni5 versity fertility rates, soil testing for available 

6 nutrients, manure analysis, and other planned 

7 nutrient applications. 

8 (B) EXCLUSIONS.—Planned nutrient appli9 cations under subparagraph (A) do not include 

10 nutrient indices, risk indices, or other methods 

11 that allow land application of manure in excess 

12 of crop need. 

13 (2) ANIMAL FEEDING OPERATION; AFO.— 

14 (A) IN GENERAL.—The term ‘‘animal feed15 ing operation’’ or ‘‘AFO’’ means a lot or facility 

16 at which— 

17 (i) for not less than a total of 45 days 

18 in any 12-month period, animals (other 

19 than aquatic animals) are— 

20 (I) stabled or confined; and 

21 (II) fed or maintained; and 

22 (ii) crops, vegetation, forage growth, 

23 or postharvest residues are not sustained 

24 in the normal growing season over any por25 tion of the lot or facility. 


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1 (B) AGGREGATION.—2 or more lots or fa2 cilities described in subparagraph (A) shall con3 stitute a single animal feeding operation if the 

4 lots or facilities— 

5 (i) are located within 3 miles of each 

6 other; and 

7 (ii) are under common ownership or 

8 control. 

9 (C) EXCLUSION.—The term ‘‘animal feed10 ing operation’’ or ‘‘AFO’’ does not include a 

11 stockyard (as that term is defined in section 

12 302(a) of the Packers and Stockyards Act, 

13 1921 (7 U.S.C. 202(a))). 

14 (3) LARGE CONCENTRATED ANIMAL FEEDING

15 OPERATION; LARGE CAFO.—The term ‘‘large con16 centrated animal feeding operation’’ or ‘‘large 

17 CAFO’’ means an AFO at which are present not 

18 less than— 

19 (A) 700 mature dairy cows, milked or dry; 

20 (B) 1,000 veal calves; 

21 (C) 1,000 cattle (including heifers, steers, 

22 bulls, cows, and calves) other than mature dairy 

23 cows or veal calves; 

24 (D) 2,500 swine, each weighing not less 

25 than 55 pounds; 


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1 (E) 10,000 swine, each weighing not more 

2 than 55 pounds; 

3 (F) 500 horses; 

4 (G) 10,000 sheep or lambs; 

5 (H) 55,000 turkeys; 

6 (I) in the case of an AFO that uses a liq7 uid manure handling system— 

8 (i) 30,000 laying hens or broilers; or 

9 (ii) 5,000 ducks; or 

10 (J) in the case of an AFO that uses a sys11 tem other than a liquid manure handling sys12 tem— 

13 (i) 125,000 chickens (other than lay14 ing hens); 

15 (ii) 82,000 laying hens; or 

16 (iii) 30,000 ducks. 

17 (4) CONTRACT GROWER.—The term ‘‘contract 

18 grower’’ means an owner of an AFO that raises live19 stock or poultry pursuant to a written contract, 

20 marketing arrangement, or other arrangement with 

21 an integrator. 

22 (5) INTEGRATOR.—The term ‘‘integrator’’ 

23 means an individual or entity that contracts with a 

24 contract grower under a growout contract, mar25 keting arrangement, or other arrangement under 


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1 which the contract grower raises and cares for live2 stock or poultry at an AFO in accordance with the 

3 instructions of the integrator for the purpose of 

4 slaughtering the livestock or poultry or selling the 

5 livestock or poultry for slaughter, if the livestock or 

6 poultry is sold or shipped in commerce (as described 

7 in section 2(b) of the Packers and Stockyards Act, 

8 1921 (7 U.S.C. 183)). 

9 (6) MANURE.—The term ‘‘manure’’ means— 

10 (A) the fecal and urinary excretions of live11 stock and poultry; and 

12 (B) litter, bedding, compost and raw mate13 rials, process wastewater, and other materials 

14 commingled with the excretions described in 

15 subparagraph (A) or set aside for disposal after 

16 such commingling. 

17 SEC. 102. MORATORIUM ON LARGE CONCENTRATED ANI18 MAL FEEDING OPERATIONS. 

19 (a) IN GENERAL.—No large CAFO may commence 

20 or expand operations on or after the date of enactment 

21 of this Act. 

22 (b) CESSATION OF OPERATIONS.—No large CAFO 

23 may continue to operate as a large CAFO after January 

24 1, 2040. 


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1 (c) PENALTIES.—Any person that violates subsection 

2 (a) or (b) may be assessed a civil penalty of up to $10,000 

3 per violation, per day, in addition to any other applicable 

4 statutory civil penalty or monetary damages assessed pur5 suant to any State common law judgment. 

6 SEC. 103. VOLUNTARY DEBT FORGIVENESS AND TRANSI7 TION ASSISTANCE PROGRAM FOR ANIMAL 

8 FEEDING OPERATIONS. 

9 (a) DEFINITION OF ELIGIBLE ENTITY.— 

10 (1) IN GENERAL.—In this section, the term ‘‘el11 igible entity’’ means an owner of an AFO. 

12 (2) EXCLUSION.—In this section, the term ‘‘eli13 gible entity’’ does not include an owner of an AFO 

14 that is an integrator. 

15 (b) ESTABLISHMENT.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary shall carry 

17 out a program to provide grants to eligible entities to per18 manently transition from operating an AFO to carrying 

19 out other activities on the property on which the AFO is 

20 located. 

21 (c) PAYMENTS.—Under the program established 

22 under subsection (b), the Secretary shall provide grants 

23 to eligible entities— 


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1 (1) to partially or fully pay off any outstanding 

2 debt of the eligible entity that was incurred to con3 struct and operate the AFO; and 

4 (2) to cover costs relating to the transition of 

5 the property on which the AFO is located to be used 

6 for alternative agriculture activities, such as raising 

7 pasture-based livestock, growing specialty crops, or 

8 organic commodity production. 

9 (d) REQUIREMENT.—As a condition of receiving a 

10 grant under this section, an eligible entity shall provide 

11 to the Secretary a working lands easement on the property 

12 on which the AFO is located that prohibits— 

13 (1) the operation of the AFO and any associ14 ated waste management system on the easement 

15 area; and 

16 (2) the use of the easement area for a spray 

17 field or land application of manure at rates exceed18 ing crop agronomic requirements for nitrogen and 

19 phosphorus. 

20 (e) FUNDING.— 

21 (1) IN GENERAL.—On the first October 1 after 

22 the date of enactment of this Act, and on each Octo23 ber 1 thereafter, out of any funds in the Treasury 

24 not otherwise appropriated, the Secretary of the 

25 Treasury shall transfer to the Secretary to carry out 


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1 this section $10,000,000,000, to remain available 

2 until expended. 

3 (2) RECEIPT AND ACCEPTANCE.—The Sec4 retary shall be entitled to receive, shall accept, and 

5 shall use to carry out this section the funds trans6 ferred under paragraph (1), without further appro7 priation. 

8 SEC. 104. INTEGRATOR RESPONSIBILITIES AND LIABIL9 ITIES. 

10 (a) RESPONSIBILITIES AND LIABILITIES.— 

11 (1) IN GENERAL.—An integrator that exercises 

12 substantial operational control of an AFO, as de13 scribed in subsection (b), shall be responsible and 

14 liable for, with respect to the operation of the 

15 AFO— 

16 (A) the disposal of dead animals; 

17 (B) the disposal of manure, excrement, 

18 and other waste; 

19 (C) the discharge or release of any air pol20 lutant, including greenhouse gases, from any 

21 source located on or activity occurring at the 

22 AFO, including enteric processes, manure, and 

23 animal feed; 

24 (D) the discharge of any pollutant to 

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1 ing the production area, manure storage, ma2 nure land application area (crop field), tile 

3 drain, and agricultural stormwater runoff of the 

4 AFO; 

5 (E) any harm suffered by the contract 

6 grower of the AFO or a third party from any 

7 activity described in subparagraphs (A) through 

8 (D), or from any other on-property or off-prop9 erty contamination, including following an ex10 treme weather event; and 

11 (F) any adverse health impacts, property 

12 value diminution, and loss of use and enjoyment 

13 of property suffered by neighboring residents of 

14 the AFO due to the operation of the AFO. 

15 (2) DUTIES NOT TRANSFERABLE.—The respon16 sibilities and liabilities of an integrator under this 

17 subsection shall be nondelegable and 

18 nontransferrable to any third party, including any 

19 contract grower. 

20 (b) SUBSTANTIAL OPERATIONAL CONTROL.—An in21 tegrator exercises substantial operational control of an 

22 AFO if the integrator— 

23 (1) holds an ownership interest in the livestock 

24 or poultry, land, or other capital of the AFO; 


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1 (2) through a growout contract, marketing ar2 rangement, or other arrangement, or through direct 

3 supervision of, or on-site participation in, activities 

4 at the AFO, controls— 

5 (A) the activity of persons working at the 

6 AFO; 

7 (B) the operation, management, or waste 

8 management practices of the AFO; or 

9 (C) the manner in which livestock or poul10 try at the AFO are grown, fed, watered, venti11 lated, heated, cooled, or medicated; 

12 (3) supplies feed, pharmaceuticals, or other in13 puts to the AFO; or 

14 (4) requires a capital investment from the con15 tract grower of the AFO for erecting or expanding 

16 facilities at the AFO. 

17 (c) CIVIL ACTIONS.— 

18 (1) IN GENERAL.—Any person may— 

19 (A) bring a civil action against an inte20 grator in an appropriate court to redress any 

21 violation of this section or any other law relat22 ing to the activities described in this section; 

23 and 

24 (B) obtain appropriate relief in a civil ac25 tion under subparagraph (A). 


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1 (2) ATTORNEY’S FEES FOR PLAINTIFF.—The 

2 court shall award a reasonable attorney’s fee as part 

3 of the costs to a prevailing plaintiff in a civil action 

4 under this subsection. 

5 (3) NO PREEMPTION.—Nothing in this sub6 section preempts, alters, displaces, abridges, or sup7 plants any claim or remedy available under any 

8 State or Federal law, including common law, that 

9 provides a remedy for civil relief. 

10 (d) AFO DISCHARGES.—Section 402 of the Federal 

11 Water Pollution Control Act (33 U.S.C. 1342) is amended 

12 by adding at the end the following: 

13 ‘‘(t) AFO DISCHARGES.—The Administrator shall re14 quire that all persons exercising substantial operational 

15 control (as described in section 104(b) of the Farm Sys16 tem Reform Act of 2023) over an animal feeding operation 

17 (as defined in section 101 of that Act) jointly obtain a 

18 permit under this section for a discharge from the animal 

19 feeding operation.’’. 

20 TITLE II—AMENDMENTS TO 

21 PACKERS AND STOCKYARDS 

22 ACT, 1921 

23 SEC. 201. DEFINITIONS. 

24 Section 2(a) of the Packers and Stockyards Act, 

25 1921 (7 U.S.C. 182(a)), is amended— 


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1 (1) in paragraph (8), by striking ‘‘for slaugh2 ter’’ and all that follows through ‘‘of such poultry’’ 

3 and inserting ‘‘under a poultry growing arrange4 ment, regardless of whether the poultry is owned by 

5 that person or another person’’; 

6 (2) in paragraph (9), by striking ‘‘and cares for 

7 live poultry for delivery, in accord with another’s in8 structions, for slaughter’’ and inserting ‘‘or cares for 

9 live poultry in accordance with the instructions of 

10 another person’’; 

11 (3) in each of paragraphs (1) through (9), by 

12 striking the semicolon at the end and inserting a pe13 riod; 

14 (4) in paragraph (10)— 

15 (A) by striking ‘‘for the purpose of either 

16 slaughtering it or selling it for slaughter by an17 other’’; and 

18 (B) by striking ‘‘; and’’ at the end and in19 serting a period; and 

20 (5) by adding at the end the following: 

21 ‘‘(15) FORMULA PRICE.— 

22 ‘‘(A) IN GENERAL.—The term ‘formula 

23 price’ means any price term that establishes a 

24 base from which a purchase price is calculated 

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1 mined or reported until a date that is after the 

2 date on which the forward price is established. 

3 ‘‘(B) EXCLUSION.—The term ‘formula 

4 price’ does not include— 

5 ‘‘(i) any price term that establishes a 

6 base from which a purchase price is cal7 culated on the basis of a futures market 

8 price; or 

9 ‘‘(ii) any adjustment to the base for 

10 quality, grade, or other factors relating to 

11 the value of livestock or livestock products 

12 that are readily verifiable market factors 

13 and are outside the control of the packer. 

14 ‘‘(16) FORWARD CONTRACT.—The term ‘for15 ward contract’ means an oral or written contract for 

16 the purchase of livestock that provides for the deliv17 ery of the livestock to a packer at a date that is 

18 more than 7 days after the date on which the con19 tract is entered into, without regard to whether the 

20 contract is for— 

21 ‘‘(A) a specified lot of livestock; or 

22 ‘‘(B) a specified number of livestock over a 

23 certain period of time.’’. 


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1 SEC. 202. UNLAWFUL PRACTICES. 

2 (a) IN GENERAL.—Section 202 of the Packers and 

3 Stockyards Act, 1921 (7 U.S.C. 192), is amended— 

4 (1) by redesignating subsections (a) through (f) 

5 and (g) as paragraphs (1) through (6) and (10), re6 spectively, and indenting appropriately; 

7 (2) by striking the section designation and all 

8 that follows through ‘‘It shall be’’ in the matter pre9 ceding paragraph (1) (as so redesignated) and in10 serting the following: 

11 ‘‘SEC. 202. UNLAWFUL ACTS. 

12 ‘‘(a) IN GENERAL.—It shall be.—’’; 

13 (3) in subsection (a)— 

14 (A) in the matter preceding paragraph (1) 

15 (as so redesignated), by striking ‘‘to:’’ and in16 serting ‘‘to do any of the following:’’; 

17 (B) in each of paragraphs (1) through (6) 

18 (as so redesignated), by striking ‘‘; or’’ each 

19 place it appears and inserting a period; 

20 (C) in paragraph (6) (as so redesig21 nated)— 

22 (i) by striking ‘‘(1)’’ and inserting 

23 ‘‘(A)’’; 

24 (ii) by striking ‘‘(2)’’ and inserting 

25 ‘‘(B)’’; and 


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1 (iii) by striking ‘‘(3)’’ and inserting 

2 ‘‘(C)’’; 

3 (D) by inserting after paragraph (6) the 

4 following: 

5 ‘‘(7) Use, in effectuating any sale of livestock, 

6 a forward contract that— 

7 ‘‘(A) does not contain a firm base price 

8 that may be equated to a fixed dollar amount 

9 on the date on which the forward contract is 

10 entered into; 

11 ‘‘(B) is not offered for bid in an open, pub12 lic manner under which— 

13 ‘‘(i) buyers and sellers have the oppor14 tunity to participate in the bid; 

15 ‘‘(ii) more than 1 blind bid is solic16 ited; and 

17 ‘‘(iii) buyers and sellers may witness 

18 bids that are made and accepted; 

19 ‘‘(C) is based on a formula price; or 

20 ‘‘(D) provides for the sale of livestock in a 

21 quantity in excess of— 

22 ‘‘(i) in the case of cattle, 40 cattle; 

23 ‘‘(ii) in the case of swine, 30 swine; 

24 and 


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1 ‘‘(iii) in the case of another type of 

2 livestock, a comparable quantity of that 

3 type of livestock, as determined by the Sec4 retary. 

5 ‘‘(8) Own or feed livestock directly, through a 

6 subsidiary, or through an arrangement that gives a 

7 packer operational, managerial, or supervisory con8 trol over the livestock, or over the farming operation 

9 that produces the livestock, to such an extent that 

10 the producer of the livestock is not materially par11 ticipating in the management of the operation with 

12 respect to the production of the livestock, except 

13 that this paragraph shall not apply to— 

14 ‘‘(A) an arrangement entered into not 

15 more than 7 business days before slaughter of 

16 the livestock by a packer, a person acting 

17 through the packer, or a person that directly or 

18 indirectly controls, or is controlled by or under 

19 common control with, the packer; 

20 ‘‘(B) a cooperative or entity owned by a co21 operative, if a majority of the ownership inter22 est in the cooperative is held by active coopera23 tive members that— 

24 ‘‘(i) own, feed, or control the livestock; 

25 and 


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1 ‘‘(ii) provide the livestock to the coop2 erative for slaughter; 

3 ‘‘(C) a packer that is not required to re4 port to the Secretary on each reporting day (as 

5 defined in section 212 of the Agricultural Mar6 keting Act of 1946 (7 U.S.C. 1635a)) informa7 tion on the price and quantity of livestock pur8 chased by the packer; or 

9 ‘‘(D) a packer that owns only 1 livestock 

10 processing plant. 

11 ‘‘(9) Take any action that adversely affects or 

12 is likely to adversely affect competition, regardless of 

13 whether there is a business justification for the ac14 tion.’’; and 

15 (E) in paragraph (10) (as so redesig16 nated), by striking ‘‘subdivision (a), (b), (c), 

17 (d), or (e)’’ and inserting ‘‘paragraphs (1) 

18 through (9)’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(b) UNFAIR, DISCRIMINATORY, AND DECEPTIVE

21 PRACTICES AND DEVICES.—Acts by a packer, swine con22 tractor, or live poultry dealer that violate subsection (a)(1) 

23 include the following: 

24 ‘‘(1) Refusal to provide, on the request of a 

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1 er, or poultry grower with which the packer, swine 

2 contractor, or live poultry dealer has a marketing or 

3 delivery contract, the relevant statistical information 

4 and data used to determine the compensation paid 

5 to the livestock producer, swine production contract 

6 grower, or poultry grower, as applicable, under the 

7 contract, including— 

8 ‘‘(A) feed conversion rates by house, lot, or 

9 pen; 

10 ‘‘(B) feed analysis; 

11 ‘‘(C) breeder history; 

12 ‘‘(D) quality grade; 

13 ‘‘(E) yield grade; and 

14 ‘‘(F) delivery volume for any certified 

15 branding program (such as programs for angus 

16 beef or certified grassfed or Berkshire pork). 

17 ‘‘(2) Conduct or action that limits or attempts 

18 to limit by contract the legal rights and remedies of 

19 a livestock producer, swine production contract 

20 grower, or poultry grower, including the right— 

21 ‘‘(A) to a trial by jury, unless the livestock 

22 producer, swine production contract grower, or 

23 poultry grower, as applicable, is voluntarily 

24 bound by an arbitration provision in a contract; 


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1 ‘‘(B) to pursue all damages available under 

2 applicable law; and 

3 ‘‘(C) to seek an award of attorneys’ fees, 

4 if available under applicable law. 

5 ‘‘(3) Termination of a poultry growing arrange6 ment or swine production contract with no basis 

7 other than an allegation that the poultry grower or 

8 swine production contract grower failed to comply 

9 with an applicable law, rule, or regulation. 

10 ‘‘(4) A representation, omission, or practice 

11 that is likely to mislead a livestock producer, swine 

12 production contract grower, or poultry grower re13 garding a material condition or term in a contract 

14 or business transaction. 

15 ‘‘(c) UNDUE OR UNREASONABLE PREFERENCES, AD16 VANTAGES, PREJUDICES, AND DISADVANTAGES.— 

17 ‘‘(1) IN GENERAL.—Acts by a packer, swine 

18 contractor, or live poultry dealer that violate sub19 section (a)(2) include the following: 

20 ‘‘(A) A retaliatory action (including coer21 cion or intimidation) or the threat of retaliatory 

22 action— 

23 ‘‘(i) in connection with the execution, 

24 termination, extension, or renewal of a 

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1 ducer, swine production contract grower, 

2 or poultry grower aimed to discourage the 

3 exercise of the rights of the livestock pro4 ducer, swine production contract grower, 

5 or poultry grower under this Act or any 

6 other law; and 

7 ‘‘(ii) in response to lawful communica8 tion (including as described in paragraph 

9 (2)), association, or assertion of rights by 

10 a livestock producer, swine production con11 tract grower, or poultry grower. 

12 ‘‘(B) Use of the tournament system for 

13 poultry as described in paragraph (3). 

14 ‘‘(2) LAWFUL COMMUNICATION DESCRIBED.—A 

15 lawful communication referred to in paragraph 

16 (1)(A)(ii) includes— 

17 ‘‘(A) a communication with officials of a 

18 Federal agency or Members of Congress; 

19 ‘‘(B) any lawful disclosure that dem20 onstrates a reasonable belief of a violation of 

21 this Act or any other law; and 

22 ‘‘(C) any other communication that assists 

23 in carrying out the purposes of this Act. 

24 ‘‘(3) USE OF TOURNAMENT SYSTEM FOR POUL25 TRY.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), a live poultry dealer shall be in vio3 lation of subsection (a)(2) if the live poultry 

4 dealer determines the formula for calculating 

5 the pay of a poultry grower in a tournament 

6 group by comparing the performance of the 

7 birds of other poultry growers in the group 

8 using factors outside the control of the poultry 

9 grower and within the control of the live poultry 

10 dealer. 

11 ‘‘(B) EXCEPTION.—Under subparagraph 

12 (A), a live poultry dealer shall not be found in 

13 violation of subsection (a)(2) if the live poultry 

14 dealer demonstrates through clear and con15 vincing evidence that the inputs and services 

16 described in subparagraph (C) that were used 

17 in the comparative evaluation were substantially 

18 the same in quality, quantity, and timing, as 

19 applicable, for all poultry growers in the tour20 nament group. 

21 ‘‘(C) INPUTS AND SERVICES DESCRIBED.— 

22 The inputs and services referred to in subpara23 graph (B) include, with respect to poultry grow24 ers in the same tournament group— 


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1 ‘‘(i) the quantity, breed, sex, and age 

2 of chicks delivered to each poultry grower; 

3 ‘‘(ii) the breed and age of the breeder 

4 flock from which chicks are drawn for each 

5 poultry grower; 

6 ‘‘(iii) the quality, type (such as starter 

7 feed), and quantity of feed delivered to 

8 each poultry grower; 

9 ‘‘(iv) the quality of and access to 

10 medications for the birds of each poultry 

11 grower; 

12 ‘‘(v) the number of birds in a flock de13 livered to each poultry grower; 

14 ‘‘(vi) the timing of the pick-up of 

15 birds for processing (including the age of 

16 the birds and the number of days that the 

17 birds are in the care of the poultry grower) 

18 for each poultry grower; 

19 ‘‘(vii) the death loss of birds during 

20 pick-up, transport, and time spent at the 

21 processing plant for each poultry grower; 

22 ‘‘(viii) condemnations of parts of birds 

23 due to actions in processing for each poul24 try grower; 


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1 ‘‘(ix) condemnations of whole birds 

2 due to the fault of the poultry grower; 

3 ‘‘(x) the death loss of birds due to the 

4 fault of the poultry grower; 

5 ‘‘(xi) the stated reasons for the cause 

6 of the death losses and condemnations de7 scribed in clauses (vii) through (x); 

8 ‘‘(xii) the type and classification of 

9 each poultry grower; and 

10 ‘‘(xiii) any other input or service that 

11 may have an impact on feed conversion to 

12 weight gain efficiency or the life span of 

13 the birds of each poultry grower. 

14 ‘‘(d) HARM TO COMPETITION NOT REQUIRED.—In 

15 determining whether an act, device, or conduct is a viola16 tion under paragraph (1) or (2) of subsection (a), a find17 ing that the act, device, or conduct adversely affected or 

18 is likely to adversely affect competition is not required.’’. 

19 (b) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—Subject to paragraph (2), 

21 paragraph (8) of section 202(a) of the Packers and 

22 Stockyards Act, 1921 (7 U.S.C. 192) (as designated 

23 by subsection (a)(2)), shall take effect on the date 

24 of enactment of this Act. 


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1 (2) TRANSITION RULES.—In the case of a pack2 er that, on the date of enactment of this Act, owns, 

3 feeds, or controls livestock intended for slaughter in 

4 violation of paragraph (8) of section 202(a) of the 

5 Packers and Stockyards Act, 1921 (7 U.S.C. 192) 

6 (as designated by subsection (a)(2)), that paragraph 

7 shall take effect— 

8 (A) in the case of a packer of swine, begin9 ning on the date that is 18 months after the 

10 date of enactment of this Act; and 

11 (B) in the case of a packer of any other 

12 type of livestock, beginning not later than 180 

13 days after the date of enactment of this Act, as 

14 determined by the Secretary. 

15 SEC. 203. SPOT MARKET PURCHASES OF LIVESTOCK BY 

16 PACKERS. 

17 The Packers and Stockyards Act, 1921, is amended 

18 by inserting after section 202 (7 U.S.C. 192) the fol19 lowing: 

20 ‘‘SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY 

21 PACKERS. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) COVERED PACKER.— 

24 ‘‘(A) IN GENERAL.—The term ‘covered 

25 packer’ means a packer that is required under 


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1 subtitle B of the Agricultural Marketing Act of 

2 1946 (7 U.S.C. 1635 et seq.) to report to the 

3 Secretary each reporting day information on the 

4 price and quantity of livestock purchased by the 

5 packer. 

6 ‘‘(B) EXCLUSION.—The term ‘covered 

7 packer’ does not include a packer that owns 

8 only 1 livestock processing plant. 

9 ‘‘(2) NONAFFILIATED PRODUCER.—The term 

10 ‘nonaffiliated producer’ means a producer of live11 stock— 

12 ‘‘(A) that sells livestock to a packer; 

13 ‘‘(B) that has less than 1 percent equity 

14 interest in the packer; 

15 ‘‘(C) that has no officers, directors, em16 ployees, or owners that are officers, directors, 

17 employees, or owners of the packer; 

18 ‘‘(D) that has no fiduciary responsibility to 

19 the packer; and 

20 ‘‘(E) in which the packer has no equity in21 terest. 

22 ‘‘(3) SPOT MARKET SALE.— 

23 ‘‘(A) IN GENERAL.—The term ‘spot mar24 ket sale’ means a purchase and sale of livestock 

25 by a packer from a producer— 


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1 ‘‘(i) under an agreement that specifies 

2 a firm base price that may be equated with 

3 a fixed dollar amount on the date the 

4 agreement is entered into; 

5 ‘‘(ii) under which the livestock are 

6 slaughtered not more than 7 days after the 

7 date on which the agreement is entered 

8 into; and 

9 ‘‘(iii) under circumstances in which a 

10 reasonable competitive bidding opportunity 

11 exists on the date on which the agreement 

12 is entered into. 

13 ‘‘(B) REASONABLE COMPETITIVE BIDDING

14 OPPORTUNITY.—For the purposes of subpara15 graph (A)(iii), a reasonable competitive bidding 

16 opportunity shall be considered to exist if— 

17 ‘‘(i) no written or oral agreement pre18 cludes the producer from soliciting or re19 ceiving bids from other packers; and 

20 ‘‘(ii) no circumstance, custom, or 

21 practice exists that— 

22 ‘‘(I) establishes the existence of 

23 an implied contract (as determined in 

24 accordance with the Uniform Com25 mercial Code); and 


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1 ‘‘(II) precludes the producer from 

2 soliciting or receiving bids from other 

3 packers. 

4 ‘‘(b) GENERAL RULE.—Of the quantity of livestock 

5 that is slaughtered by a covered packer during each re6 porting day in each plant, the covered packer shall slaugh7 ter not less than the applicable percentage specified in 

8 subsection (c) of the quantity through spot market sales 

9 from nonaffiliated producers. 

10 ‘‘(c) APPLICABLE PERCENTAGES.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), the applicable percentage shall be 50 per13 cent. 

14 ‘‘(2) EXCEPTIONS.—In the case of a covered 

15 packer that reported to the Secretary in the 2020 

16 annual report that more than 60 percent of the live17 stock of the covered packer were committed procure18 ment livestock, the applicable percentage shall be the 

19 greater of— 

20 ‘‘(A) the difference between the percentage 

21 of committed procurement so reported and 100 

22 percent; and 

23 ‘‘(B)(i) during each of calendar years 2024 

24 and 2025, 20 percent; 


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1 ‘‘(ii) during each of calendar years 2026 

2 and 2027, 30 percent; and 

3 ‘‘(iii) during calendar year 2028 and each 

4 calendar year thereafter, 50 percent. 

5 ‘‘(d) NONPREEMPTION.—This section does not pre6 empt any requirement of a State or political subdivision 

7 of a State that requires a covered packer to purchase on 

8 the spot market a greater percentage of the livestock pur9 chased by the covered packer than is required under this 

10 section.’’. 

11 SEC. 204. INVESTIGATION OF LIVE POULTRY DEALERS. 

12 (a) ADMINISTRATIVE ENFORCEMENT AUTHORITY

13 OVER LIVE POULTRY DEALERS.—Sections 203, 204, and 

14 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 

15 193, 194, 195), are amended by inserting ‘‘, live poultry 

16 dealer,’’ after ‘‘packer’’ each place it appears. 

17 (b) AUTHORITY TO REQUEST TEMPORARY INJUNC18 TION OR RESTRAINING ORDER.—Section 408(a) of the 

19 Packers and Stockyards Act, 1921 (7 U.S.C. 228a(a)), is 

20 amended by inserting ‘‘or poultry care’’ after ‘‘on account 

21 of poultry’’. 

22 (c) VIOLATIONS BY LIVE POULTRY DEALERS.—Sec23 tion 411 of the Packers and Stockyards Act, 1921 (7 

24 U.S.C. 228b–2), is amended— 


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1 (1) in subsection (a), in the first sentence, by 

2 striking ‘‘any provision of section 207 or section 410 

3 of’’; and 

4 (2) in subsection (b), in the first sentence, by 

5 striking ‘‘any provisions of section 207 or section 

6 410’’ and inserting ‘‘any provision’’. 

7 SEC. 205. AWARD OF ATTORNEY FEES. 

8 Section 204 of the Packers and Stockyards Act, 1921 

9 (7 U.S.C. 194), is amended by adding at the end the fol10 lowing: 

11 ‘‘(i) ATTORNEY’S FEE.—The court shall award a rea12 sonable attorney’s fee as part of the costs to a prevailing 

13 plaintiff in a civil action under this section.’’. 

14 SEC. 206. TECHNICAL AMENDMENTS. 

15 (a) Section 203 of the Packers and Stockyards Act, 

16 1921 (7 U.S.C. 193), is amended— 

17 (1) in subsection (a), in the first sentence— 

18 (A) by striking ‘‘he shall cause’’ and in19 serting ‘‘the Secretary shall cause’’; and 

20 (B) by striking ‘‘his charges’’ and inserting 

21 ‘‘the charges’’; 

22 (2) in subsection (b), in the first sentence, by 

23 striking ‘‘he shall make a report in writing in which 

24 he shall state his findings’’ and inserting ‘‘the Sec25 retary shall make a report in writing in which the 


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1 Secretary shall state the findings of the Secretary’’; 

2 and 

3 (3) in subsection (c), by striking ‘‘he’’ and in4 serting ‘‘the Secretary’’. 

5 (b) Section 204 of the Packers and Stockyards Act, 

6 1921 (7 U.S.C. 194), is amended— 

7 (1) in subsection (a), by striking ‘‘he has his’’ 

8 and inserting ‘‘the packer, live poultry dealer, or 

9 swine contractor has the’’; 

10 (2) in subsection (c), by striking ‘‘his officers, 

11 directors, agents, and employees’’ and inserting ‘‘the 

12 officers, directors, agents, and employees of the 

13 packer, live poultry dealer, or swine packer’’; 

14 (3) in subsection (f), in the second sentence— 

15 (A) by striking ‘‘his findings’’ and insert16 ing ‘‘the findings of the Secretary’’; and 

17 (B) by striking ‘‘he’’ and inserting ‘‘the 

18 Secretary’’; and 

19 (4) in subsection (g), by striking ‘‘his officers, 

20 directors, agents, and employees’’ and inserting ‘‘the 

21 officers, directors, agents, and employees of the 

22 packer, live poultry dealer, or swine packer’’. 


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1 TITLE III—LABELING OF MEAT 

2 AND DAIRY PRODUCTS 

3 SEC. 301. RESTORATION OF MANDATORY COUNTRY OF ORI4 GIN LABELING FOR BEEF AND PORK; INCLU5 SION OF DAIRY PRODUCTS. 

6 (a) DEFINITIONS.—Section 281 of the Agricultural 

7 Marketing Act of 1946 (7 U.S.C. 1638) is amended— 

8 (1) by redesignating paragraphs (1), (2) 

9 through (5), (6), and (7) as paragraphs (2), (4) 

10 through (7), (9), and (10), respectively; 

11 (2) by inserting before paragraph (2) (as so re12 designated) the following: 

13 ‘‘(1) BEEF.—The term ‘beef’ means meat pro14 duced from cattle (including veal).’’; 

15 (3) in paragraph (2) (as so redesignated)— 

16 (A) in subparagraph (A)— 

17 (i) in clause (i), by striking ‘‘lamb’’ 

18 and inserting ‘‘beef, lamb, pork,’’; 

19 (ii) in clause (ii), by striking ‘‘ground 

20 lamb’’ and inserting ‘‘ground beef, ground 

21 lamb, ground pork,’’; 

22 (iii) in clause (x), by striking ‘‘and’’ 

23 at the end; 

24 (iv) in clause (xi), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 


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1 (v) by adding at the end the following: 

2 ‘‘(xii) dairy products.’’; and 

3 (B) in subparagraph (B), by inserting 

4 ‘‘(other than clause (xii) of that subpara5 graph)’’ after ‘‘subparagraph (A)’’; 

6 (4) by inserting after paragraph (2) (as so re7 designated) the following: 

8 ‘‘(3) DAIRY PRODUCT.—The term ‘dairy prod9 uct’ means— 

10 ‘‘(A) fluid milk; 

11 ‘‘(B) cheese, including cottage cheese and 

12 cream cheese; 

13 ‘‘(C) yogurt; 

14 ‘‘(D) ice cream; 

15 ‘‘(E) butter; and 

16 ‘‘(F) any other dairy product.’’; and 

17 (5) by inserting after paragraph (7) (as so re18 designated) the following: 

19 ‘‘(8) PORK.—The term ‘pork’ means meat pro20 duced from hogs.’’. 

21 (b) NOTICE OF COUNTRY OF ORIGIN.—Section 

22 282(a) of the Agricultural Marketing Act of 1946 (7 

23 U.S.C. 1638a(a)) is amended by adding at the end the 

24 following: 


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1 ‘‘(5) DESIGNATION OF COUNTRY OF ORIGIN

2 FOR DAIRY PRODUCTS.— 

3 ‘‘(A) IN GENERAL.—A retailer of a covered 

4 commodity that is a dairy product shall des5 ignate the origin of the covered commodity as— 

6 ‘‘(i) each country in which or from 

7 which the 1 or more dairy ingredients or 

8 dairy components of the covered com9 modity were produced, originated, or 

10 sourced; and 

11 ‘‘(ii) each country in which the cov12 ered commodity was processed. 

13 ‘‘(B) STATE, REGION, LOCALITY OF THE

14 UNITED STATES.—With respect to a covered 

15 commodity that is a dairy product produced ex16 clusively in the United States, designation by a 

17 retailer of the State, region, or locality of the 

18 United States where the covered commodity 

19 was produced shall be sufficient to identify the 

20 United States as the country of origin.’’. 

21 SEC. 302. TRUTH IN LABELING FOR MEAT AND MEAT FOOD 

22 PRODUCTS. 

23 Section 7 of the Federal Meat Inspection Act (21 

24 U.S.C. 607) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(g) PRODUCT OF THE UNITED STATES.—The label 

2 of a meat or meat food product may bear the phrase 

3 ‘Product of U.S.A.’, or any substantially similar word or 

4 phrase, only if the meat or meat food product is exclusively 

5 derived from 1 or more animals exclusively born, raised, 

6 and slaughtered in the United States.’’. 

Æ 


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