II 

118TH CONGRESS 

1ST SESSION S. 2670 

To regulate market concentration and competition in the food and agriculture 

industry, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2023 

Mr. WELCH (for himself, Mr. BOOKER, and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To regulate market concentration and competition in the 

food and agriculture industry, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fairness for Small-Scale Farmers and Ranchers Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 


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Sec. 3. Definitions. 

TITLE I—MORATORIUM ON AND REVIEW OF LARGE AGRIBUSINESS, FOOD AND BEVERAGE MANUFACTURING, AND GROCERY RETAIL MERGERS 

Sec. 101. Moratorium on large agribusiness, food and beverage manufacturing, 

and grocery retail mergers. 

Sec. 102. Retroactive review of large agribusiness, food and beverage manufacturing, and grocery retail mergers. 

TITLE II—FARM SYSTEM REFORMS 

Sec. 201. Local agriculture market program. 

Sec. 202. Restoration of mandatory country of origin labeling for beef and 

pork; inclusion of dairy products. 

Sec. 203. Definitions in Packers and Stockyards Act, 1921. 

Sec. 204. Unlawful practices. 

Sec. 205. Spot market purchases of livestock by packers. 

Sec. 206. Investigation of live poultry dealers. 

Sec. 207. Ensuring fair practices in agriculture. 

Sec. 208. Award of attorney fees. 

Sec. 209. Review and report on fragility and national security in the food system. 

Sec. 210. Technical amendments. 

TITLE III—PROVIDING RESOURCES FOR BEGINNING, RETIRING, 

AND SOCIALLY DISADVANTAGED FARMERS AND RANCHERS 

Sec. 301. Reauthorization and increased funding for beginning, retiring, and 

socially disadvantaged farmers and ranchers. 

TITLE IV—LIVESTOCK, DAIRY, AND POULTRY SUPPLY CHAIN 

INFRASTRUCTURE 

Sec. 401. Livestock, dairy, and poultry supply chain infrastructure grants and 

loans. 

Sec. 402. Pilot program for increased accessibility to inspection and technical 

assistance for eligible processing facilities. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Concentration in the food and agricultural 

4 economy, including mergers, acquisitions, and other 

5 combinations and alliances among suppliers, pack6 ers, integrators, other food processors, distributors, 

7 and retailers has been accelerating at a rapid pace 


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1 since the 1980s, and particularly since the 2007 

2 through 2009 recession. 

3 (2) The trend toward greater concentration in 

4 food and agriculture has important and far reaching 

5 implications not only for family farmers, but also for 

6 food chain workers, the food we eat, the commu7 nities we live in, the integrity of the natural environ8 ment upon which we all depend, and for our collec9 tive public health. 

10 (3) The infant formula industry, for example, 

11 has reached an alarming level of corporate con12 centration with 4 companies now controlling nearly 

13 90 percent of the infant formula market. A disrup14 tion in the supply of just 1 infant formula producer 

15 now presents a grave risk to infant health in the 

16 United States. 

17 (4) In the past 4 decades, the top 4 largest 

18 pork packers have seized control of 70 percent of the 

19 market, up from 36 percent. Over the same period, 

20 the top 4 beef packers have expanded their market 

21 share from 32 percent to 85 percent. The top 4 flour 

22 millers have increased their market share from 40 

23 percent to 64 percent. The market share of the top 

24 4 soybean crushers has jumped from 54 percent to 

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1 trol of the market has increased from 63 percent to 

2 86 percent. 

3 (5) Today the top 4 sheep, poultry, and fluid 

4 milk processors now control 62 percent, 54 percent, 

5 and 50 percent of the market, respectively. 

6 (6) The top 4 grain companies today control as 

7 much as 90 percent of the global grain trade. 

8 (7) During the past 5 years there has been a 

9 wave of consolidation among global seed and crop10 chemical firms, 3 companies now control nearly 2/3 

11 of the world’s commodity crop seeds. Those same 3 

12 companies now also control nearly 70 percent of all 

13 agricultural chemicals and pesticides. 

14 (8) In the United States, the 4 largest corn 

15 seed sellers accounted for 85 percent of the market 

16 in 2015, up from 60 percent in 2000. Over the past 

17 20 years, the cost for an acre’s worth of seeds for 

18 an average corn farmer has nearly quadrupled, and 

19 the cost of fertilizer has more than doubled. Yet 

20 corn yields increased only 36 percent over that time, 

21 and the price received for the sale of a bushel of 

22 corn increased only 31 percent. 

23 (9) A handful of firms dominate the processing 

24 of every major commodity. Many of them are 

25 vertically integrated, which means that they control 


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1 successive stages of the food chain, from inputs to 

2 production to distribution. The growing number and 

3 scale of cross-border agribusiness and food mergers 

4 have put foreign firms, often with considerable gov5 ernment backing, into prominent and even dominant 

6 positions in the United States beef, hog, poultry, 

7 seed, fertilizer, and agrichemical sectors. 

8 (10) Growing concentration of the agricultural 

9 sector has restricted choices for farmers trying to 

10 sell their products. As the bargaining power of agri11 business firms over farmers increases, concentrated 

12 agricultural commodity markets are stacked against 

13 the farmer, with buyers of agricultural commodities 

14 often possessing regional dominance in the form of 

15 oligopsony or monopsony relative to sellers of such 

16 commodities. 

17 (11) The high concentration and consolidation 

18 of buyers in agricultural markets has resulted in the 

19 thinning of both cash and future markets, thereby 

20 allowing dominant buyers to leverage their market 

21 shares to move those markets to the detriment of 

22 family farmers and ranchers. 

23 (12) Buyers with oligopsonistic or 

24 monopsonistic power have incentives to engage in 

25 unfair and discriminatory acts that cause farmers to 


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1 receive less than a competitive price for their goods. 

2 At the same time, some Federal courts have incor3 rectly required a plaintiff to show harm to competi4 tion generally, in addition to harm to the individual 

5 farmer, when making a determination that an un6 fair, unjustly discriminatory, deceptive, or pref7 erential act exists under the Packers and Stockyards 

8 Act of 1921. 

9 (13) The farmer’s share of every retail dollar 

10 has plummeted from 41 percent in 1950, to less 

11 than 15 percent today, while the profit share for 

12 farm input, marketing, and processing companies 

13 has risen. 

14 (14) While agribusiness conglomerates are post15 ing record earnings, farmers are facing desperate 

16 times. Since 2013, net farm income for United 

17 States farmers has fallen by more than half and me18 dian on farm income was negative in 2020. 

19 (15) The benefits of low commodity prices are 

20 not being passed on to American consumers. The 

21 gap between what shoppers pay for food and what 

22 farmers are paid is growing wider. 

23 (16) The steadily rising price of food has out24 paced growth in incomes for typical workers. Since 

25 the Great Recession, the annual growth of real 


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1 prices for food at the supermarket have risen nearly 

2 3 times faster than typical earnings. 

3 (17) There is a growing consensus that eco4 nomic consolidation contributes to the widening gap 

5 in economic opportunity in the United States and 

6 bigger, more dominant firms are more likely to de7 liver profits to investors than to raise wages or bene8 fits. Mega-mergers in the food and agribusiness in9 dustries can lead to growing monopsony power abuse 

10 resulting in wage suppression, along with massive 

11 layoffs as companies shutter factories and facilities, 

12 harming working families and communities. 

13 (18) Concentration, low prices, anticompetitive 

14 practices, and other manipulations and abuses of the 

15 agricultural economy are driving small family farm16 ers out of business. Farmers are going bankrupt or 

17 giving up, and few are taking their places; more 

18 farm families are having to rely on other jobs to stay 

19 afloat. Seventy-nine percent of farm household in20 come came from off farm work in 2020, up from 53 

21 percent in 1960. 

22 (19) Eighty-one percent of America’s farmed 

23 cropland is now controlled by 15 percent of farms, 

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1 tinue to increase unless and until these trends are 

2 reversed. 

3 (20) The decline of small family farms under4 mines the economies of rural communities across 

5 America; it has pushed Main Street businesses, from 

6 equipment suppliers to small banks, out of business 

7 or to the brink of insolvency. 

8 (21) Increased concentration in the agribusiness 

9 sector has a harmful effect on the environment; cor10 porate hog farming, for example, threatens the in11 tegrity of local water supplies and creates noxious 

12 odors in neighboring communities. Concentration 

13 also can increase the risks to food safety and limit 

14 the biodiversity of plants and animals. 

15 (22) The decline of family farming poses a di16 rect threat to American families and family values, 

17 by subjecting farm families to turmoil and stress. 

18 Farm advocates across the country are reporting an 

19 increase in farmer suicides over the past several 

20 years. 

21 (23) The decline of family farming causes the 

22 demise of rural communities, as stores lose cus23 tomers, churches lose congregations, schools and 

24 clinics become under-used, career opportunities for 


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1 young people dry up, and local inequalities of wealth 

2 and income grow wider. 

3 (24) These developments are not the result of 

4 inevitable market forces. Its problems arise rather 

5 from policies made in Washington, including farm, 

6 antitrust, and trade policies. 

7 (25) Past congressional action to remediate 

8 market failure, such as enacting country-of-origin la9 beling to provide transparency for domestic farmers, 

10 ranchers, and consumers regarding agricultural com11 modity origins, have been overturned for key com12 modities by oligopolistic conglomerates that use un13 differentiated imports to reduce domestic farm 

14 prices. 

15 (26) To restore competition in the agricultural 

16 economy, and to increase the bargaining power and 

17 enhance economic prospects for family farmers, the 

18 trend toward concentration must be reversed. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) AGRICULTURAL INPUT SUPPLIER.—The 

22 term ‘‘agricultural input supplier’’ means any person 

23 (excluding agricultural cooperatives) engaged in the 

24 business of selling, in interstate or foreign com25 merce, any product to be used as an input (including 


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1 seed, germ plasm, hormones, antibiotics, fertilizer, 

2 and chemicals, but excluding farm machinery) for 

3 the production of any agricultural commodity, except 

4 that no person shall be considered an agricultural 

5 input supplier if sales of such products are for a 

6 value less than $10,000,000 per year. 

7 (2) BROKER.—The term ‘‘broker’’ means any 

8 person engaged in the business of negotiating sales 

9 and purchases of any agricultural commodity in 

10 interstate or foreign commerce for or on behalf of 

11 the vendor or the purchaser, except that no person 

12 shall be considered a broker if the only sales of such 

13 commodities are for a value less than $10,000,000 

14 per year. 

15 (3) COMMISSION MERCHANT.—The term ‘‘com16 mission merchant’’ means any person engaged in the 

17 business of receiving in interstate or foreign com18 merce any agricultural commodity for sale, on com19 mission, or for or on behalf of another, except that 

20 no person shall be considered a commission mer21 chant if the only sales of such commodities are for 

22 a value less than $10,000,000 per year. 

23 (4) DEALER.—The term ‘‘dealer’’ means any 

24 person (excluding agricultural cooperatives) engaged 

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1 cultural commodities in interstate or foreign com2 merce, except that— 

3 (A) no person shall be considered a dealer 

4 with respect to sales or marketing of any agri5 cultural commodity of that person’s own rais6 ing; and 

7 (B) no person shall be considered a dealer 

8 if the only sales of such commodities are for a 

9 value less than $10,000,000 per year. 

10 (5) DISTRIBUTOR.—The term ‘‘distributor’’ 

11 means any entity engaged in the business of distrib12 uting agricultural products from producers or manu13 facturers to consumers, restaurants, or retailers. 

14 (6) INTEGRATOR.—The term ‘‘integrator’’ 

15 means an entity that contracts with farmers for 

16 grower services to raise chickens or hogs to slaugh17 ter size and weight. The integrator owns the chick18 ens or hogs, supplies the feed, slaughters, and fur19 ther processes the poultry or pork. 

20 (7) PROCESSOR.—The term ‘‘processor’’ means 

21 any person (excluding agricultural cooperatives) en22 gaged in the business of handling, preparing, or 

23 manufacturing (including slaughtering and food and 

24 beverage manufacturing) of an agricultural com25 modity, or the products of such agricultural comVerDate Sep 11 2014 01:23 Aug 17, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2670.IS S2670

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1 modity, for sale or marketing for human consump2 tion, except that no person shall be considered a 

3 processor if the only sales of such products are for 

4 a value less than $10,000,000 per year. 

5 (8) RETAILER.—The term ‘‘retailer’’ means any 

6 person (excluding agricultural cooperatives, coopera7 tive retailers, and cooperative distributers) licensed 

8 as a retailer under the Perishable Agriculture Com9 modities Act of 1930 (7 U.S.C. 499a(b)), except 

10 that no person shall be considered a retailer if the 

11 only sales of such products are for a value less than 

12 $10,000,000 per year. 

13 TITLE I—MORATORIUM ON AND 

14 REVIEW OF LARGE AGRI15 BUSINESS, FOOD AND BEV16 ERAGE MANUFACTURING, 

17 AND GROCERY RETAIL MERG18 ERS 

19 SEC. 101. MORATORIUM ON LARGE AGRIBUSINESS, FOOD 

20 AND BEVERAGE MANUFACTURING, AND GRO21 CERY RETAIL MERGERS. 

22 (a) IN GENERAL.— 

23 (1) MORATORIUM.—Until the date referred to 

24 in paragraph (2) and except as provided in sub25 section (b)— 


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1 (A) no dealer, processor, commission mer2 chant, agricultural input supplier, broker, or 

3 operator of a warehouse of agricultural com4 modities or retailer with annual net sales or 

5 total assets of more than $222,000,000 shall 

6 merge or acquire, directly or indirectly, any vot7 ing securities or assets of any other dealer, 

8 processor, commission merchant, agricultural 

9 input supplier, broker, or operator of a ware10 house of agricultural commodities or retailer 

11 with annual net sales or total assets of more 

12 than $22,000,000; and 

13 (B) no dealer, processor, commission mer14 chant, agricultural input supplier, broker, or 

15 operator of a warehouse of agricultural com16 modities or retailer with annual net sales or 

17 total assets of more than $22,000,000 shall 

18 merge or acquire, directly or indirectly, any vot19 ing securities or assets of any other dealer, 

20 processor, commission merchant, agricultural 

21 input supplier, broker, or operator of a ware22 house of agricultural commodities or retailer 

23 with annual net sales or total assets of more 

24 than $222,000,000 if the acquiring person 

25 would hold— 


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1 (i) 15 percent or more of the voting 

2 securities or assets of the acquired person; 

3 or 

4 (ii) an aggregate total amount of the 

5 voting securities and assets of the acquired 

6 person in excess of $21,000,000. 

7 (2) DATE.—The date referred to in this para8 graph is the effective date of comprehensive legisla9 tion enacted on or after the date on which the re10 views referred to in section 102(a) are completed— 

11 (A) for addressing the problem of market 

12 concentration in the food and agricultural sec13 tor; and 

14 (B) that terminates the moratorium under 

15 paragraph (1). 

16 (b) WAIVER AUTHORITY.—The Attorney General 

17 shall have authority to waive the moratorium imposed by 

18 subsection (a) only under extraordinary circumstances, 

19 such as insolvency or similar financial distress of 1 of the 

20 affected parties. 

21 (c) EXEMPTIONS.—The classes of transactions de22 scribed in section 7A(c) of the Clayton Act (15 U.S.C. 

23 18a(c)) are exempt from subsection (a). 

24 (d) AVOIDANCE.—Any transaction or other device en25 tered into or employed for the purpose of avoiding the 


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1 moratorium contained in subsection (a) shall be dis2 regarded, and the application of the moratorium shall be 

3 determined by applying subsection (a) to the substance of 

4 the transaction. 

5 (e) RULEMAKING.—The Attorney General shall pro6 mulgate regulations that the Attorney General determines 

7 are necessary to implement this section. In making the 

8 determination under the preceding sentence, the Attorney 

9 General shall consult with the Federal Trade Commission. 

10 SEC. 102. RETROACTIVE REVIEW OF LARGE AGRIBUSINESS, 

11 FOOD AND BEVERAGE MANUFACTURING, 

12 AND GROCERY RETAIL MERGERS. 

13 (a) IN GENERAL.—Not later than 2 years after the 

14 date of enactment of this Act, the Attorney General and 

15 the Federal Trade Commission shall review each merger 

16 that the Attorney General and the Federal Trade Commis17 sion have reviewed since January 1, 2006, that was sub18 ject to a premerger notification and waiting period pursu19 ant to section 7A of the Clayton Act (15 U.S.C. 18a) in 

20 which a dealer, processor, distributor, commission mer21 chant, agricultural input supplier, broker, or operator of 

22 a warehouse of agricultural commodities or retailer 

23 merged or acquired, directly or indirectly, any voting secu24 rities or assets of any other dealer, processor, distributor, 

25 commission merchant, agricultural input supplier, broker, 


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1 or operator of a warehouse of agricultural commodities or 

2 retailer. 

3 (b) UNWINDING.—The Attorney General and the 

4 Federal Trade Commission shall consider whether to un5 wind a merger reviewed under subsection (a) to restore 

6 competition, and may so unwind such merger, if the Attor7 ney General or the Federal Trade Commission determines 

8 that the merger brought material harm to— 

9 (1) competition nationally or in local markets; 

10 (2) farmers and ranchers; 

11 (3) workers; or 

12 (4) consumers. 

13 (c) INVESTIGATIVE AUTHORITY.—In conducting a re14 view of a merger under subsection (a), the Attorney Gen15 eral shall have the same power as the Federal Trade Com16 mission under section 6(b) of the Federal Trade Commis17 sion Act (15 U.S.C. 46(b)) with respect to such review. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi19 tion to such other amounts as may be made available to 

20 the Federal Trade Commission and the Antitrust Division 

21 of the Department of Justice, there is authorized to be 

22 appropriated to carry out this section for fiscal year 2024 

23 and each fiscal year thereafter— 

24 (1) $50,000,000 for the Federal Trade Com25 mission; and 


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1 (2) $50,000,000 for the Antitrust Division of 

2 the Department of Justice. 

3 (e) FINES AND PENALTIES.—The Federal Trade 

4 Commission and the Antitrust Division of the Department 

5 of Justice may use any funds from fines, penalties, and 

6 settlements not returned to consumers for their respective 

7 future operations. 

8 (f) ADDITIONAL APPROPRIATIONS.—To the extent 

9 there are insufficient funds from fines, penalties, settle10 ments, and fees received by the Federal Trade Commis11 sion and the Antitrust Division of the Department of Jus12 tice for the costs of their respective programs, projects, 

13 and activities, there are appropriated, out of monies in the 

14 Treasury not otherwise appropriated, for fiscal year 2024 

15 and each fiscal year thereafter such sums as are necessary 

16 for the costs of such programs, projects, and activities. 

17 TITLE II—FARM SYSTEM 

18 REFORMS 

19 SEC. 201. LOCAL AGRICULTURE MARKET PROGRAM. 

20 Section 210A(i)(1) of the Agricultural Marketing Act 

21 of 1946 (7 U.S.C. 1627c(i)(1)) is amended by striking 

22 ‘‘fiscal year 2019’’ and inserting ‘‘each of fiscal years 

23 2024 and 2025, and $500,000,000 for fiscal year 2026’’. 


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1 SEC. 202. RESTORATION OF MANDATORY COUNTRY OF ORI2 GIN LABELING FOR BEEF AND PORK; INCLU3 SION OF DAIRY PRODUCTS. 

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

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

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

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

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

9 (2) by inserting before paragraph (2) (as so re10 designated) the following: 

11 ‘‘(1) BEEF.—The term ‘beef’ means meat pro12 duced from cattle (including veal).’’; 

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

14 (A) in subparagraph (A)— 

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

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

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

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

19 lamb, ground pork,’’; 

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

21 at the end; 

22 (iv) in clause (xi), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

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

25 ‘‘(xii) dairy products.’’; and 


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

2 ‘‘(other than clause (xii) of that subpara3 graph)’’ after ‘‘subparagraph (A)’’; 

4 (4) by inserting after paragraph (2) (as so re5 designated) the following: 

6 ‘‘(3) DAIRY PRODUCT.—The term ‘dairy prod7 uct’ means— 

8 ‘‘(A) fluid milk; 

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

10 cream cheese; 

11 ‘‘(C) yogurt; 

12 ‘‘(D) ice cream; 

13 ‘‘(E) butter; and 

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

15 (5) by inserting after paragraph (7) (as so re16 designated) the following: 

17 ‘‘(8) PORK.—The term ‘pork’ means meat pro18 duced from hogs.’’. 

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

20 282(a) of the Agricultural Marketing Act of 1946 (7 

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

22 following: 

23 ‘‘(5) DESIGNATION OF COUNTRY OF ORIGIN

24 FOR DAIRY PRODUCTS.— 


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

2 commodity that is a dairy product shall des3 ignate the origin of the covered commodity as— 

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

5 which the 1 or more dairy ingredients or 

6 dairy components of the covered com7 modity were produced, originated, or 

8 sourced; and 

9 ‘‘(ii) each country in which the cov10 ered commodity was processed. 

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

12 UNITED STATES.—With respect to a covered 

13 commodity that is a dairy product produced ex14 clusively in the United States, designation by a 

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

16 United States where the covered commodity 

17 was produced shall be sufficient to identify the 

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

19 SEC. 203. DEFINITIONS IN PACKERS AND STOCKYARDS ACT, 

20 1921. 

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

22 1921 (7 U.S.C. 182(a)), is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘When used in this Act—’’ and inserting 

25 ‘‘In this Act:’’; 


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1 (2) 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 (3) 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 (4) in each of paragraphs (1) through (9), by 

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

14 (5) 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 (6) 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. 204. UNLAWFUL PRACTICES. 

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

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

4 as follows: 

5 ‘‘SEC. 202. UNLAWFUL ACTS. 

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

7 ‘‘(1) BASE PRICE.— 

8 ‘‘(A) IN GENERAL.—The term ‘base price’ 

9 means the price established in a poultry produc10 tion contract that corresponds to the stated 

11 value provided by the independent contract pro12 ducer under the terms of the contract, prior to 

13 the assessment of any performance-based pre14 mium or penalty. 

15 ‘‘(B) SQUARE FOOTAGE.—The price de16 scribed in subparagraph (A) may be established 

17 using the price per square foot of contracted 

18 farm infrastructure or price per pound of poul19 try production. 

20 ‘‘(2) COOPERATIVE ASSOCIATION OF PRO21 DUCERS.—The term ‘cooperative association of pro22 ducers’ means a cooperative association (as defined 

23 in section 15(a) of the Agricultural Marketing Act 

24 (12 U.S.C. 1141j(a))) engaged in marketing, bar25 gaining, shipping, or processing agricultural prod26 ucts. 


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1 ‘‘(3) EXPECTED PERFORMANCE STANDARD.— 

2 The term ‘expected performance standard’ means, 

3 with respect to a poultry production contract, a 

4 standard established in the contract for the growth 

5 and health performance of live poultry under the 

6 management of an independent contract producer, 

7 which may include expected mortality, weight gain, 

8 or feed conversion efficiency. 

9 ‘‘(4) INDEPENDENT CONTRACT PRODUCER.— 

10 The term ‘independent contract producer’ means an 

11 agricultural producer that— 

12 ‘‘(A) enters into a contract to manage the 

13 production of an agricultural commodity owned 

14 by a live poultry dealer or another contracting 

15 party; and 

16 ‘‘(B) is not a member of a cooperative as17 sociation of producers that has engaged in bar18 gaining with the other contracting party. 

19 ‘‘(5) MINIMUM PRICE.—The term ‘minimum 

20 price’ means a contractually guaranteed price floor 

21 within a poultry production contract below which the 

22 final price delivered to an independent contract pro23 ducer may not be reduced, including by perform24 ance-based penalties. 


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1 ‘‘(6) PERFORMANCE-BASED INCENTIVE FOR2 MULA.—The term ‘performance-based incentive for3 mula’ means a formula designed to compare the real 

4 performance of live poultry being managed by an 

5 independent contract producer relative to an ex6 pected performance standard. 

7 ‘‘(7) POULTRY PRODUCTION CONTRACT.—The 

8 term ‘poultry production contract’ means an oral or 

9 written contract established between a live poultry 

10 dealer and an independent contract producer in 

11 which the independent contract producer provides 

12 the land, farm infrastructure, or management labor 

13 of the independent contract producer to house and 

14 raise live poultry owned by the live poultry dealer. 

15 ‘‘(b) GENERAL RULE.—It shall be unlawful for any 

16 packer or swine contractor with respect to livestock, 

17 meats, meat food products, or livestock products in un18 manufactured form, or for any live poultry dealer with re19 spect to live poultry, to do any of the following: 

20 ‘‘(1) Engage in or use any unfair, unjustly dis21 criminatory, or deceptive practice or device. 

22 ‘‘(2) Make or give any undue or unreasonable 

23 preference or advantage to any particular person or 

24 locality in any respect, or subject any particular perVerDate Sep 11 2014 01:23 Aug 17, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2670.IS S2670

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•S 2670 IS

1 son or locality to any undue or unreasonable preju2 dice or disadvantage in any respect. 

3 ‘‘(3) Sell or otherwise transfer to or for any 

4 other packer, swine contractor, or any live poultry 

5 dealer, or buy or otherwise receive from or for any 

6 other packer, swine contractor, or any live poultry 

7 dealer, any article for the purpose or with the effect 

8 of apportioning the supply between any such per9 sons, if such apportionment has the tendency or ef10 fect of restraining commerce or of creating a monop11 oly. 

12 ‘‘(4) Sell or otherwise transfer to or for any 

13 other person, or buy or otherwise receive from or for 

14 any other person, any article for the purpose or with 

15 the effect of manipulating or controlling prices, or of 

16 creating a monopoly in the acquisition of, buying, 

17 selling, or dealing in, any article, or of restraining 

18 commerce. 

19 ‘‘(5) Engage in any course of business or do 

20 any act for the purpose or with the effect or manip21 ulating or controlling prices, or of creating a monop22 oly in the acquisition of, buying, selling, or dealing 

23 in, any article, or of restraining commerce. 

24 ‘‘(6) Conspire, combine, agree, or arrange with 

25 any other person— 


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•S 2670 IS

1 ‘‘(A) to apportion territory for carrying on 

2 business; 

3 ‘‘(B) to apportion purchases or sales of 

4 any article; or 

5 ‘‘(C) to manipulate or control prices. 

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

7 a forward contract that— 

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

9 that may be equated to a fixed dollar amount 

10 on the date on which the forward contract is 

11 entered into; 

12 ‘‘(B) is not offered for bid in an open, pub13 lic manner under which— 

14 ‘‘(i) buyers and sellers have the oppor15 tunity to participate in the bid; 

16 ‘‘(ii) more than 1 blind bid is solic17 ited; and 

18 ‘‘(iii) buyers and sellers may witness 

19 bids that are made and accepted; 

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

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

22 quantity in excess of— 

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

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

25 and 


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•S 2670 IS

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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•S 2670 IS

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. 

15 ‘‘(10) Conspire, combine, agree, or arrange with 

16 any other person to do, or aid or abet the doing of, 

17 any act made unlawful by paragraphs (1) through 

18 (9). 

19 ‘‘(c) UNFAIR, DISCRIMINATORY, AND DECEPTIVE

20 PRACTICES AND DEVICES.—Acts by a packer, swine con21 tractor, or live poultry dealer that violate subsection (b)(1) 

22 include the following: 

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

24 livestock producer, swine production contract grow25 er, or poultry grower with which the packer, swine 


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1 contractor, or live poultry dealer has a marketing or 

2 delivery contract, the relevant statistical information 

3 and data used to determine the compensation paid 

4 to the livestock producer, swine production contract 

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

6 contract, including— 

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

8 pen; 

9 ‘‘(B) feed analysis; 

10 ‘‘(C) breeder history; 

11 ‘‘(D) quality grade; 

12 ‘‘(E) yield grade; and 

13 ‘‘(F) delivery volume for any certified 

14 branding program (such as programs for angus 

15 beef or certified grassfed or Berkshire pork). 

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

17 to limit by contract the legal rights and remedies of 

18 a livestock producer, swine production contract 

19 grower, or poultry grower, including the right— 

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

21 producer, swine production contract grower, or 

22 poultry grower, as applicable, is voluntarily 

23 bound by an arbitration provision in a contract; 

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

25 applicable law; and 


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•S 2670 IS

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

2 if available under applicable law. 

3 ‘‘(3) Termination of a poultry growing arrange4 ment or swine production contract with no basis 

5 other than an allegation that the poultry grower or 

6 swine production contract grower failed to comply 

7 with an applicable law, rule, or regulation. 

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

9 that is likely to mislead a livestock producer, swine 

10 production contract grower, or poultry grower re11 garding a material condition or term in a contract 

12 or business transaction. 

13 ‘‘(d) UNDUE OR UNREASONABLE PREFERENCES, AD14 VANTAGES, PREJUDICES, AND DISADVANTAGES.— 

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

16 contractor, or live poultry dealer that violate sub17 section (b)(2) include the following: 

18 ‘‘(A) The execution, termination, extension, 

19 or renewal of a contract or agreement that ma20 terially disadvantages a livestock producer, 

21 swine production contract grower, or poultry 

22 grower unless the packer, swine contractor, or 

23 live poultry dealer can show, by a preponder24 ance of the evidence, that the acts were pre25 dominantly motivated by— 


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1 ‘‘(i) compliance with applicable regula2 tions; 

3 ‘‘(ii) a distinct and materially disad4 vantageous change to the financial rela5 tionship with the livestock producer, swine 

6 production contract grower, or poultry 

7 grower; or 

8 ‘‘(iii) the termination of operations in 

9 the geographic region by the packer, swine 

10 contractor, or live poultry dealer. 

11 ‘‘(B) The failure to meet the requirements 

12 described in paragraph (2). 

13 ‘‘(C) In the case of a poultry production 

14 contract that contains a performance-based in15 centive formula, the failure to meet the require16 ments described in paragraph (3). 

17 ‘‘(2) PAYMENT BY SQUARE FOOTAGE.—The re18 quirements described in this paragraph are as fol19 lows: 

20 ‘‘(A) Subject to subparagraph (B), a live 

21 poultry dealer shall structure any poultry pro22 duction contract in a manner that provides for 

23 payment by the square footage of the barn or 

24 facility space in which the live birds that are 

25 subject to the contract are reared and raised. 


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•S 2670 IS

1 ‘‘(B) In lieu of providing for payment by 

2 the square footage of the barn or facility space 

3 in which the live birds that are subject to the 

4 contract are reared and raised, a live poultry 

5 dealer may meet the requirement specified in 

6 subparagraph (A) if the dealer includes in the 

7 poultry production contract an alternative base 

8 price provision that was obtained through nego9 tiations with a cooperative association of pro10 ducers representing the individual independent 

11 contract producer. 

12 ‘‘(3) USE OF PERFORMANCE-BASED INCENTIVE

13 FORMULA.—The requirements described in this 

14 paragraph are as follows: 

15 ‘‘(A) The poultry production contract shall 

16 guarantee a minimum price. 

17 ‘‘(B) The expected performance standard 

18 in the poultry production contract shall be 

19 based on at least a 6-month rolling performance 

20 average of all producers in the complex of the 

21 independent contract producer. 

22 ‘‘(C) The performance-based incentive for23 mula shall not assess a premium or penalty per24 centage that exceeds the percentage difference 

25 between the performance of the independent 


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•S 2670 IS

1 contract producer and the expected performance 

2 average. 

3 ‘‘(D) The expected performance standard 

4 in the poultry production contract shall be 

5 mathematically adjusted to account for expected 

6 performance with respect to expected mortality, 

7 weight, or feed conversion efficiency, with dif8 ferences relative to— 

9 ‘‘(i) layer flock age and health; 

10 ‘‘(ii) predelivery health issues; 

11 ‘‘(iii) flock breed; 

12 ‘‘(iv) flock pick-up age; 

13 ‘‘(v) feed type; 

14 ‘‘(vi) feed disruption of 6 hours or 

15 more; and 

16 ‘‘(vii) medical care protocols (such as 

17 an antibiotic-free protocol). 

18 ‘‘(E) The poultry production contract shall 

19 include a procedure for settling payment out20 side of the performance-based payment formula, 

21 through a performance average of at least the 

22 last 5 flocks of the independent contract pro23 ducer, in the case of the independent contract 

24 producer bringing an appeal related to input 

25 quality or provision issues. 


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1 ‘‘(e) HARM TO COMPETITION NOT REQUIRED.—In 

2 determining whether an act, device, or conduct is a viola3 tion under paragraph (1) or (2) of subsection (b), a find4 ing that the act, device, or conduct adversely affected or 

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

6 (b) EFFECTIVE DATE.— 

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

8 paragraph (8) of section 202(b) of the Packers and 

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

10 by subsection (a)), shall take effect on the date of 

11 enactment of this Act. 

12 (2) TRANSITION RULES.—In the case of a pack13 er that, on the date of enactment of this Act, owns, 

14 feeds, or controls livestock intended for slaughter in 

15 violation of paragraph (8) of section 202(b) of the 

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

17 (as designated by subsection (a)), that paragraph 

18 shall take effect— 

19 (A) in the case of a packer of swine, begin20 ning on the date that is 18 months after the 

21 date of enactment of this Act; and 

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

23 type of livestock, beginning not later than 180 

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

25 determined by the Secretary. 


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1 SEC. 205. SPOT MARKET PURCHASES OF LIVESTOCK BY 

2 PACKERS. 

3 The Packers and Stockyards Act, 1921, is amended 

4 by inserting after section 202 (7 U.S.C. 192) the fol5 lowing: 

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

7 PACKERS. 

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

9 ‘‘(1) COVERED PACKER.— 

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

11 packer’ means a packer that is required under 

12 subtitle B of the Agricultural Marketing Act of 

13 1946 (7 U.S.C. 1635 et seq.) to report to the 

14 Secretary each reporting day (as defined in sec15 tion 212 of the Agricultural Marketing Act of 

16 1946 (7 U.S.C. 1635a)) information on the 

17 price and quantity of livestock purchased by the 

18 packer. 

19 ‘‘(B) EXCLUSION.—The term ‘covered 

20 packer’ does not include a packer that owns 

21 only 1 livestock processing plant. 

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

23 ‘nonaffiliated producer’ means a producer of live24 stock— 

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


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•S 2670 IS

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

2 interest in the packer; 

3 ‘‘(C) that has no officers, directors, em4 ployees, or owners that are officers, directors, 

5 employees, or owners of the packer; 

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

7 the packer; and 

8 ‘‘(E) in which the packer has no equity in9 terest. 

10 ‘‘(3) SPOT MARKET SALE.— 

11 ‘‘(A) IN GENERAL.—The term ‘spot mar12 ket sale’ means a purchase and sale of livestock 

13 by a packer from a producer— 

14 ‘‘(i) under an agreement that specifies 

15 a firm base price that may be equated with 

16 a fixed dollar amount on the date the 

17 agreement is entered into; 

18 ‘‘(ii) under which the livestock are 

19 slaughtered not more than 7 days after the 

20 date on which the agreement is entered 

21 into; and 

22 ‘‘(iii) under circumstances in which a 

23 reasonable competitive bidding opportunity 

24 exists on the date on which the agreement 

25 is entered into. 


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1 ‘‘(B) REASONABLE COMPETITIVE BIDDING

2 OPPORTUNITY.—For the purposes of subpara3 graph (A)(iii), a reasonable competitive bidding 

4 opportunity shall be considered to exist if— 

5 ‘‘(i) no written or oral agreement pre6 cludes the producer from soliciting or re7 ceiving bids from other packers; and 

8 ‘‘(ii) no circumstance, custom, or 

9 practice exists that— 

10 ‘‘(I) establishes the existence of 

11 an implied contract (as determined in 

12 accordance with the Uniform Com13 mercial Code); and 

14 ‘‘(II) precludes the producer from 

15 soliciting or receiving bids from other 

16 packers. 

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

18 that is slaughtered by a covered packer during each re19 porting day (as defined in section 212 of the Agricultural 

20 Marketing Act of 1946 (7 U.S.C. 1635a)) in each plant, 

21 the covered packer shall slaughter not less than the appli22 cable percentage specified in subsection (c) of the quantity 

23 through spot market sales from nonaffiliated producers. 

24 ‘‘(c) APPLICABLE PERCENTAGES.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the applicable percentage shall be 50 per3 cent. 

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

5 packer that reported to the Secretary in the 2020 

6 annual report that more than 60 percent of the live7 stock of the covered packer were committed procure8 ment livestock, the applicable percentage shall be the 

9 greater of— 

10 ‘‘(A) the difference between the percentage 

11 of committed procurement livestock so reported 

12 and 100 percent; and 

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

14 and 2025, 20 percent; 

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

16 and 2027, 30 percent; and 

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

18 calendar year thereafter, 50 percent. 

19 ‘‘(d) NONPREEMPTION.—This section does not pre20 empt any requirement of a State or political subdivision 

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

22 the spot market a greater percentage of the livestock pur23 chased by the covered packer than is required under this 

24 section.’’. 


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1 SEC. 206. INVESTIGATION OF LIVE POULTRY DEALERS. 

2 (a) ADMINISTRATIVE ENFORCEMENT AUTHORITY

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

4 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 

5 193, 194, 195), are amended by inserting ‘‘, live poultry 

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

7 (b) AUTHORITY TO REQUEST TEMPORARY INJUNC8 TION OR RESTRAINING ORDER.—Section 408 of the Pack9 ers and Stockyards Act, 1921 (7 U.S.C. 228a), is amend10 ed by inserting ‘‘or poultry care’’ after ‘‘on account of 

11 poultry’’. 

12 (c) VIOLATIONS BY LIVE POULTRY DEALERS.—Sec13 tion 411 of the Packers and Stockyards Act, 1921 (7 

14 U.S.C. 228b–2), is amended— 

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

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

17 of’’; and 

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

19 striking ‘‘any provisions of section 207 or section 

20 410’’ and inserting ‘‘any provision’’. 

21 SEC. 207. ENSURING FAIR PRACTICES IN AGRICULTURE. 

22 Not later than 30 days after the date of the enact23 ment of this Act, the Secretary of Agriculture shall imple24 ment, without amendment, the final rule titled ‘‘Unfair 

25 Practices and Undue Preferences in Violation of the Pack26 ers and Stockyards Act’’ and published in the Federal 


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•S 2670 IS

1 Register by the Department of Agriculture on December 

2 20, 2016 (81 Fed. Reg. 92703). 

3 SEC. 208. AWARD OF ATTORNEY FEES. 

4 Section 204 of the Packers and Stockyards Act, 1921 

5 (7 U.S.C. 194), is amended by adding at the end the fol6 lowing: 

7 ‘‘(i) ATTORNEY’S FEE.—The court 

8 shall award a reasonable attorney’s fee as 

9 part of the costs to a prevailing plaintiff in 

10 a civil action under this section.’’. 

11 SEC. 209. REVIEW AND REPORT ON FRAGILITY AND NA12 TIONAL SECURITY IN THE FOOD SYSTEM. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of enactment of this Act, the Comptroller General 

15 of the United States shall— 

16 (1) conduct a review of the fragility of the food 

17 system in the United States with respect to meat, 

18 poultry, and dairy; and 

19 (2) submit to Congress a report containing the 

20 results of such review. 

21 (b) REQUIREMENTS.—The report under subsection 

22 (a) shall include information on, and an analysis of— 

23 (1) the reach of corporate consolidation and 

24 corporate control of the meat, poultry, and dairy 


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•S 2670 IS

1 supply chain, including animal feed, inputs for ani2 mal feed, processing, and distribution; 

3 (2) the effects of corporate consolidation and 

4 corporate control of the meat, poultry, and dairy 

5 supply chain on— 

6 (A) consumers, farmers, rural commu7 nities, and meat, poultry, and dairy processing 

8 workers; 

9 (B) greenhouse gas emissions, climate 

10 change, and costs borne by communities to 

11 adapt to climate change; 

12 (C) water quality, soil quality, air quality, 

13 and biodiversity; and 

14 (D) politics and political lobbying; 

15 (3)(A) the extent to which Department of Agri16 culture rules and regulations designed for large cov17 ered establishments are applied to small- and me18 dium-sized covered establishments; and 

19 (B) the need for the Secretary of Agriculture to 

20 adapt rules and regulations to benefit small- and 

21 medium-sized covered establishments; 

22 (4) the effects of the COVID–19 pandemic on 

23 meat, poultry, and dairy exports; meat, poultry, and 

24 dairy cold storage inventories; processing rates of 


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•S 2670 IS

1 meat, poultry, and dairy; and the net profits earned 

2 by owners of covered establishments; 

3 (5) the effect of the COVID–19 pandemic on 

4 meat, poultry, and dairy prices paid— 

5 (A) to farmers; and 

6 (B) by consumers; 

7 (6) Federal support for the corporations that 

8 control the largest percentage of the meat, poultry, 

9 and dairy industry through contracts, procurement, 

10 subsidies, and other mechanisms; 

11 (7) the risk of disruption caused by corporate 

12 consolidation among covered establishments, includ13 ing an analysis of food supply chain issues resulting 

14 from the COVID–19 pandemic; and 

15 (8) the extent to which breaking up the meat 

16 packing oligopoly and the dairy processing oligopoly 

17 would increase food system resiliency for the next 

18 pandemic. 

19 (c) COVERED ESTABLISHMENT DEFINED.—In this 

20 section, the term ‘‘covered establishment’’ means— 

21 (1) an establishment that is subject to inspec22 tion under the Federal Meat Inspection Act (21 

23 U.S.C. 601 et seq.); 


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1 (2) an establishment that is subject to inspec2 tion under the Poultry Products Inspection Act (21 

3 U.S.C. 451 et seq.); and 

4 (3) an establishment— 

5 (A) that is a dairy operation (as defined in 

6 section 1401 of the Agricultural Act of 2014 (7 

7 U.S.C. 9051)); or 

8 (B) that processes dairy. 

9 SEC. 210. TECHNICAL AMENDMENTS. 

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

11 1921 (7 U.S.C. 193), is amended— 

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

13 (A) by striking ‘‘he shall cause’’ and in14 serting ‘‘the Secretary shall cause’’; 

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

16 ‘‘the charges’’; and 

17 (C) by striking ‘‘evidence introduced 

18 against him’’ and inserting ‘‘evidence intro19 duced against the packer, live poultry dealer, or 

20 swine contractor’’; 

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

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

23 he shall state his findings’’ and inserting ‘‘the Sec24 retary shall make a report in writing in which the 


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•S 2670 IS

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 its’’; 

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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•S 2670 IS

1 TITLE III—PROVIDING RE2 SOURCES FOR BEGINNING, 

3 RETIRING, AND SOCIALLY 

4 DISADVANTAGED FARMERS 

5 AND RANCHERS 

6 SEC. 301. REAUTHORIZATION AND INCREASED FUNDING 

7 FOR BEGINNING, RETIRING, AND SOCIALLY 

8 DISADVANTAGED FARMERS AND RANCHERS. 

9 (a) MANDATORY FUNDING.—Section 2501(l)(1) of 

10 the Food, Agriculture, Conservation, and Trade Act of 

11 1990 (7 U.S.C. 2279(l)(1)) is amended— 

12 (1) in subparagraph (C), by striking ‘‘and’’; 

13 (2) in subparagraph (D), by striking ‘‘2023 and 

14 each fiscal year thereafter.’’ and inserting ‘‘2023; 

15 and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(E) $100,000,000 for each of fiscal years 

18 2024 through 2028.’’. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 2501(l)(2) of the Food, Agriculture, Conservation, and 

21 Trade Act of 1990 (7 U.S.C. 2279(l)(2)) is amended by 

22 striking ‘‘$50,000,000 for each of fiscal years 2019 

23 through 2023’’ and inserting ‘‘$100,000,000 for each of 

24 fiscal years 2024 through 2028’’. 


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•S 2670 IS

1 TITLE IV—LIVESTOCK, DAIRY, 

2 AND POULTRY SUPPLY CHAIN 

3 INFRASTRUCTURE 

4 SEC. 401. LIVESTOCK, DAIRY, AND POULTRY SUPPLY CHAIN 

5 INFRASTRUCTURE GRANTS AND LOANS. 

6 Subtitle D of title III of the Consolidated Farm and 

7 Rural Development Act (7 U.S.C. 1981 et seq.) is amend8 ed by adding at the end the following new section: 

9 ‘‘SEC. 379I. LIVESTOCK, DAIRY, AND POULTRY SUPPLY 

10 CHAIN INFRASTRUCTURE. 

11 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

12 provide grants or make or insure loans under any of the 

13 programs authorized by this Act, the Agricultural Mar14 keting Act of 1946 (7 U.S.C. 1621 et seq.), or the Rural 

15 Electrification Act of 1936 (7 U.S.C. 901 et seq.), as the 

16 Secretary determines to be appropriate, to assist farmers 

17 and rural businesses and cooperatives to maintain or in18 crease the production, aggregation, processing, distribu19 tion, and marketing of value-added, niche, or regionally 

20 marketed meat, dairy, and poultry products. 

21 ‘‘(b) PRIORITY.—In implementing subsection (a), the 

22 Secretary shall give priority to grants or loans that will 

23 help increase or enhance the availability and geographic 

24 distribution of small processing facilities. 


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1 ‘‘(c) SMALL PROCESSING FACILITY DEFINED.—In 

2 this section, the term ‘small processing facility’ means— 

3 ‘‘(1) a selected establishment (as defined in sec4 tion 501(a) of the Federal Meat Inspection Act (21 

5 U.S.C. 683(a))); 

6 ‘‘(2) a selected establishment (as defined in sec7 tion 31(a) of the Poultry Products Inspection Act 

8 (21 U.S.C. 472(a))); and 

9 ‘‘(3) an establishment that— 

10 ‘‘(A) specializes in processing milk, cream, 

11 or dairy products; and 

12 ‘‘(B) processes fewer than 100,000 pounds 

13 of milk, cream, or dairy products per day.’’. 

14 SEC. 402. PILOT PROGRAM FOR INCREASED ACCESSIBILITY 

15 TO INSPECTION AND TECHNICAL ASSIST16 ANCE FOR ELIGIBLE PROCESSING FACILI17 TIES. 

18 (a) IN GENERAL.—The Secretary shall carry out a 

19 5-year pilot program within the Food Safety and Inspec20 tion Service— 

21 (1) to expand the availability of processing in22 spectors, technical assistance, and onsite inspection 

23 for eligible processing facilities, including no-cost 

24 overtime inspections; and 


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1 (2) to identify and train part-time inspectors 

2 and technical assistance providers. 

3 (b) PROFESSIONAL EXPERIENCE.—The Secretary 

4 shall determine the appropriate professional experience of 

5 inspectors and providers described in subsection (a)(2), 

6 which shall include individuals with expertise in veterinary 

7 medicine, public health, food service management, and 

8 animal science, as applicable. 

9 (c) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE PROCESSING FACILITY.—The 

11 term ‘‘eligible processing facility’’ means— 

12 (A) an eligible facility described in section 

13 764 of division N of the Consolidated Appro14 priations Act, 2021 (21 U.S.C. 473), that has 

15 a labor peace agreement in place; and 

16 (B) a dairy processing facility that has a 

17 labor peace agreement in place. 

18 (2) LABOR PEACE AGREEMENT.—The term 

19 ‘‘labor peace agreement’’ means an agreement— 

20 (A) between an employer and a labor orga21 nization that represents, or is actively seeking 

22 to represent, the employees of the employer; 

23 and 

24 (B) under which such employer and labor 

25 organization agree that— 


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1 (i) the employer— 

2 (I) will not hinder any effort of 

3 an employee to join a labor organiza4 tion; and 

5 (II) will not take any action that 

6 directly or indirectly indicates or im7 plies any opposition to an employee 

8 joining a labor organization; 

9 (ii) the labor organization agrees to 

10 refrain from picketing, work stoppages, or 

11 boycotts against the employer; 

12 (iii) the employer provides the labor 

13 organization with employee contact infor14 mation, and facilitates or permits labor or15 ganization access to employees at the 

16 workplace, including facilitating or permit17 ting the labor organization to meet with 

18 employees to discuss joining the labor or19 ganization; and 

20 (iv) the employer shall, upon the re21 quest of the labor organization, recognize 

22 the labor organization as the bargaining 

23 representative of the employees if a majorVerDate Sep 11 2014 01:23 Aug 17, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2670.IS S2670

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1 ity of the employees choose the labor orga2 nization as their bargaining representative. 

Æ 


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