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1This table of contents is not part of the Act but is included for user convenience. 

AGRICULTURAL MARKETING ACT OF 1946 

[Title II of the Act of August 14, 1946] 

[As Amended Through P.L. 113–79, Enacted February 07, 2014] 

TABLE OF CONTENTS 1

TITLE II 

Subtitle A—General Provisions 

Sec. 202. Congressional declaration of purpose; use of existing facilities; cooperation 

with States. 

Sec. 203. Duties of Secretary relating to agricultural products. 

Sec. 204. Authorization of appropriations; allotments to States. 

Sec. 205. Cooperation with Government and State agencies, private research organizations, etc.; rules and regulations. 

Sec. 206. Transfer and consolidation of functions, powers, bureaus, etc. 

Sec. 207. Definitions. 

Sec. 208. Appointment of personnel; compensation; employment of specialists. 

Sec. 209. Sheep production and marketing grant program. 

Sec. 210. National sheep industry improvement center. 

Subtitle B—Livestock Mandatory Reporting 

CHAPTER 1—PURPOSE; DEFINITIONS

Sec. 211. Purpose. 

Sec. 212. Definitions. 

CHAPTER 2—CATTLE REPORTING

Sec. 221. Definitions. 

Sec. 222. Mandatory reporting for live cattle. 

Sec. 223. Mandatory packer reporting of boxed beef sales. 

CHAPTER 3—SWINE REPORTING

Sec. 231. Definitions. 

Sec. 232. Mandatory reporting for swine. 

Sec. 233. Mandatory reporting of wholesale pork cuts. 

CHAPTER 4—LAMB REPORTING

Sec. 241. Mandatory reporting for lambs. 

CHAPTER 5—ADMINISTRATION

Sec. 251. General provisions. 

Sec. 252. Unlawful acts. 

Sec. 253. Enforcement. 

Sec. 254. Fees. 

Sec. 255. Recordkeeping. 

Sec. 256. Voluntary reporting. 

Sec. 257. Publication of information on retail purchase prices for representative 

meat products. 

Sec. 258. Suspension authority regarding specific terms of price reporting requirements. 

Sec. 259. Federal preemption. 

Sec. 260. Termination of authority. 

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Subtitle C—Dairy Product Mandatory Reporting 

Sec. 271. Purpose. 

Sec. 272. Definitions. 

Sec. 273. Mandatory reporting for dairy products. 

Subtitle D—Country of Origin Labeling 

Sec. 281. Definitions. 

Sec. 282. Notice of country of origin. 

Sec. 283. Enforcement. 

Sec. 284. Regulations. 

Sec. 285. Applicability. 

TITLE II 

This title may be cited as the ‘‘Agricultural Marketing Act of 

1946’’. ø7 U.S.C. 1621 note¿ 

Subtitle A—General Provisions 

SEC. 202. ø7 U.S.C. 1621¿ The Congress hereby declares that 

a sound, efficient, and privately operated system for distributing 

and marketing agricultural products is essential to a prosperous 

agriculture and is indispensable to the maintenance of full employment and to the welfare, prosperity, and health of the Nation. It 

is further declared to be the policy of Congress to promote through 

research, study, experimentation, and through cooperation among 

Federal and State agencies, farm organizations, and private industry a scientific approach to the problems of marketing, transportation, and distribution of agricultural products similar to the scientific methods which have been utilized so successfully during the 

past eighty-four years in connection with the production of agricultural products so that such products capable of being produced in 

abundance may be marketed in an orderly manner and efficiently 

distributed. In order to attain these objectives, it is the intent of 

Congress to provide for (1) continuous research to improve the marketing, handling, storage, processing, transportation, and distribution of agricultural products; (2) cooperation among Federal and 

State agencies, producers, industry organizations, and others in the 

development and effectuation of research and marketing programs 

to improve the distribution processes; (3) an integrated administration of all laws enacted by Congress to aid the distribution of agricultural products through research, market aids and services, and 

regulatory activities, to the end that marketing methods and facilities may be improved, that distribution costs may be reduced and 

the price spread between the producer and consumer may be narrowed, that dietary and nutritional standards may be improved, 

that new and wider markets for American agricultural products 

may be developed, both in the United States and in other countries, 

with a view to making it possible for the full production of American farms to be disposed of usefully, economically, profitably, and 

in an orderly manner. In effectuating the purposes of this title, 

maximum use shall by made of existing research facilities owned 

or controlled by the Federal Government or by State agricultural 

experiment stations and of the facilities of the Federal and State 

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extension services. To the maximum extent practicable marketing 

research work done hereunder in cooperation with the States shall 

be done in cooperation with the State agricultural experiment stations; marketing educational and demonstrational work done hereunder in cooperation with the States shall be done in cooperation 

with the State agricultural extension service; market information, 

inspection, regulatory work and other marketing service done hereunder in cooperation with the State agencies shall be done in cooperation with the State departments of agriculture, and State bureaus and departments of markets. 

SEC. 203. ø7 U.S.C. 1622¿ The Secretary of Agriculture is directed and authorized: 

(a) To conduct, assist, and foster research, investigation, and 

experimentation to determine the best methods of processing, preparation for market, packaging, handling, transporting, storing, distributing, and marketing agricultural products: Provided, That the 

results of such research shall be made available to the public for 

the purpose of expanding the use of American agricultural products 

in such manner as the Secretary of Agriculture may determine. 

(b) To determine costs of marketing agricultural products in 

their various forms and through the various channels and to foster 

and assist in the development and establishment of more efficient 

marketing methods (including analyses of methods and proposed 

methods), practices, and facilities, for the purpose of bringing about 

more efficient and orderly marketing, and reducing the price 

spread between the producer and the consumer. 

(c) To develop and improve standards of quality, condition, 

quantity, grade, and packaging, and recommend and demonstrate 

such standards in order to encourage uniformity and consistency in 

commercial practices. Within thirty days after the enactment of the 

Food and Agriculture Act of 1977, the Secretary shall be regulation 

adopt a standard of quality for ice cream which shall provide that 

ice cream shall contain at least 1.6 pounds of total solids to the gallon, weigh not less than 4.5 pounds to the gallon and contain not 

less than 20 percent total milk solids, constituted of not less than 

10 percent milkfat. In no case shall the content of milk solids not 

fat be less than 6 percent. Whey shall not, by weight, be more than 

25 percent of the milk solids not fat. Only those products which 

meet the standard issued by the Secretary may bear a symbol 

thereon indicating that they meet the Department of Agriculture 

standard for ‘‘ice cream’’. 

(d) To conduct, assist, foster, and direct studies and informational programs designed to eliminate artificial barriers to the free 

movement of agricultural products. 

(e) DEVELOPMENT OF NEW MARKETS.— 

(1) IN GENERAL.—To foster and assist in the development 

of new or expanded markets (domestic and foreign) and new 

and expanded uses and in the moving of larger quantities of 

agricultural products through the private marketing system to 

consumers in the United States and abroad. 

(2) FEES AND PENALTIES.— 

(A) IN GENERAL.—In carrying out paragraph (1), the 

Secretary may assess and collect reasonable fees and late 

payment penalties to mediate and arbitrate disputes arisFebruary 7, 2014 
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2Section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted by section 1(a) of Public Law 106–387; 114 

Stat. 1549A–33; 7 U.S.C. 1622 note), provides as follows: 

SEC. 729. Hereafter, none of the funds appropriated by this Act or any other Act may be used 

to: 

(1) carry out the proviso under 7 U.S.C. 1622(f); or 

(2) carry out 7 U.S.C. 1622(h) unless the Secretary of Agriculture inspects and certifies agricultural processing equipment, and imposes a fee for the inspection and certification, in a manner that is similar to the inspection and certification of agricultural products under that section, 

as determined by the Secretary: Provided, That this provision shall not affect the authority of 

the Secretary to carry out the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry 

Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 

1031 et seq.). 3Section 734 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000 (Public Law 106–78; 113 Stat. 1165; 7 U.S.C. 1622 

note), provides as follows: ‘‘None of the funds made available by this Act or any other Act for 

any fiscal year may be used to carry out section 302(h) of the Agricultural Marketing Act of 

1946 (7 U.S.C. 1622(h)) unless the Secretary of Agriculture inspects and certifies agricultural 

processing equipment, and imposes a fee for the inspection and certification, in a manner that 

is similar to the inspection and certification of agricultural products under that section, as determined by the Secretary: Provided, That this provision shall not affect the authority of the Secretary to carry out the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 

Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et 

seq.).’’. The reference in the quoted matter to ‘‘section 302(h)’’ of the Agricultural Marketing Act 

of 1946 (7 U.S.C. 1622(h)) probably should be ‘‘section 203(h)’’. 

ing between parties in connection with transactions involving agricultural products moving in foreign commerce 

under the jurisdiction of a multinational entity. 

(B) DEPOSIT.—Fees and penalties collected under subparagraph (A) shall be deposited into the account that incurred the cost of providing the mediation or arbitration 

service. 

(C) AVAILABILITY.—Fees and penalties collected under 

subparagraph (A) shall be available to the Secretary without further Act of appropriation and shall remain available 

until expended to pay the expenses of the Secretary for 

providing mediation and arbitration services under this 

paragraph. 

(D) NO REQUIREMENT FOR USE OF SERVICES.—No person shall be required by the Secretary to use the mediation 

and arbitration services provided under this paragraph. 

(f) 2 To conduct and cooperate in consumer education for the 

more effective utilization and greater consumption of agricultural 

products: Provided, That no money appropriated under the authority of this Act shall be used to pay for newspaper or periodical advertising space or radio time in carrying out the purposes of this 

section and section 203(e). 

(g) To collect and disseminate marketing information, including adequate outlook information on a market-area basis, for the 

purpose of anticipating and meeting consumer requirements, aiding 

in the maintenance of farm income, and bringing about a balance 

between production and utilization of agricultural products. 

(h) 3

(1) To inspect, certify, and identify the class, quality, quantity, and condition of agricultural products when shipped or received in interstate commerce, under such rules and regulations as the Secretary of Agriculture may prescribe, including 

assessment and collection of such fees as will be reasonable 

and as nearly as may be to cover the cost of the service rendered, to the end that agricultural products may be marketed 

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4Section 10402(b) of the Food, Conservation, and Energy Act of 2008 (122 Stat. 2111; Public 

Law 110-246) provides ‘‘The amendments made by subsection (a) take effect on the date that 

is 1 year after the date of enactment of this Act.’’. 

to the best advantage, that trading may be facilitated, and that 

consumers may be able to obtain the quality product which 

they desire, except that no person shall be required to use the 

service authorized by this subsection. 

(2)(A) Any fees collected under this subsection, late payment penalties, the proceeds from the sales of samples, and interest earned from the investment of such funds shall be credited to the trust fund account that incurs the cost of the services provided under this subsection and shall remain available 

without fiscal year limitation to pay the expenses of the Secretary incident to providing such services. 

(2)(B) Such funds may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at 

the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. 

(3) Any official certificate issued under the authority of 

this subsection shall be received by all officers and all courts 

of the United States as prima facie evidence of the truth of the 

statements therein contained. 

(4) Whoever knowingly shall falsely make, issue, alter, 

forge, or counterfeit any official certificate, memorandum, 

mark, or other identification, or device for making such mark 

or identification, with respect to inspection, class, grade, quality, size, quantity, or condition, issued or authorized under this 

section or knowingly cause or procure, or aid, assist in, or be 

a party to, such false making, issuing, altering, forging, or 

counterfeiting, or whoever knowingly shall possess, without 

promptly notifying the Secretary of Agriculture or his representative, utter, publish, or use as true, or cause to be uttered, published, or used as true, any such falsely made, altered, forged, or counterfeited official certificate, memorandum, 

mark, identification, or device, or whoever knowingly represents that an agricultural product has been officially inspected or graded (by an authorized inspector or grader) under 

the authority of this section when such commodity has in fact 

not been so graded or inspected shall be fined not more than 

$1,000 or imprisoned not more than one year, or both. 

(5) Shell eggs packed under the voluntary grading program 

of the Department of Agriculture shall not have been shipped 

for sale previous to being packed under the program, as determined under a regulation promulgated by the Secretary. 

(6) IDENTIFICATION OF HONEY.— 4

(A) IN GENERAL.—The use of a label or advertising material on, or in conjunction with, packaged honey that 

bears any official certificate of quality, grade mark or 

statement, continuous inspection mark or statement, sampling mark or statement, or any combination of the certificates, marks, or statements of the Department of Agriculture is hereby prohibited under this Act unless there 

appears legibly and permanently in close proximity (such 

as on the same side(s) or surface(s)) to the certificate, 

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mark, or statement, and in at least a comparable size, the 

1 or more names of the 1 or more countries of origin of the 

lot or container of honey, preceded by the words ‘‘Product 

of’’ or other words of similar meaning. 

(B) VIOLATION.—A violation of the requirements of 

subparagraph (A) may be deemed by the Secretary to be 

sufficient cause for debarment from the benefits of this Act 

only with respect to honey. 

(i) To determine the needs and develop or assist in the development of plans for efficient facilities and methods of operating such 

facilities for the proper assembly, processing, transportation, storage, distribution, and handling of agricultural products. 

(j) To assist in improving transportation services and facilities 

and in obtaining equitable and reasonable transportation rates and 

services and adequate transportation facilities for agricultural 

products and farm supplies by making complaint or petition to the 

Surface Transportation Board, the Federal Maritime Commission, 

or other Federal or State transportation regulatory body, or the 

Secretary of Transportation, with respect to rates, charges, tariffs, 

practices, and services, or by working directly with individual carriers or groups of carriers. 

(k) To collect, tabulate, and disseminate statistics on marketing agricultural products, including, but not restricted to statistics on market supplies, storage stocks, quantity, quality, and condition of such products in various positions in the marketing channel, utilization of such products, and shipments and unloads thereof. 

(l) To develop and promulgate, for the use and at the request 

of any Federal agency or State, procurement standards and specifications for agricultural products, and submit such standards and 

specifications to such agency or State for use or adoption for procurement purposes. 

(m) To conduct, assist, encourage, and promote research, investigation, and experimentation to determine the most efficient and 

practical means, methods, and processes for the handling, storing, 

preserving, protecting, processing, and distributing of agricultural 

commodities to the end that such commodities may be marketed in 

an orderly manner and to the best interest of the producers thereof. 

(n) GRADING PROGRAM.—To establish within the Department of 

Agriculture a voluntary fee based grading program for— 

(1) all fish of the order Siluriformes; and 

(2) any additional species of farm-raised fish or farmraised shellfish— 

(A) for which the Secretary receives a petition requesting such voluntary fee based grading; and 

(B) that the Secretary considers appropriate. 

(o) To conduct such other research and services and to perform 

such other activities as will facilitate the marketing, distribution, 

processing, and utilization of agricultural products through commercial channels. 

SEC. 204. ø7 U.S.C. 1623¿ (a) In order to conduct research and 

service work in connection with the preparation for market, processing, packaging, handling, storing, transporting, distributing, and 

February 7, 2014 
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marketing of agricultural products as authorized by this title, there 

is hereby authorized to be appropriated the following sums: (1) $2,500,000 for the fiscal year ending June 30, 1947, 

and each subsequent fiscal year. (2) An additional $2,500,000 for the fiscal year ending 

June 30, 1948, and each subsequent fiscal year. (3) An additional $5,000,000 for the fiscal year ending 

June 30, 1949, and each subsequent fiscal year. (4) An additional $5,000,000 for the fiscal year ending 

June 30, 1950, and each subsequent fiscal year. (5) An additional $5,000,000 for the fiscal year ending 

June 30, 1951, and each subsequent fiscal year. 

(6) In addition to the foregoing, such additional funds beginning with the fiscal year ending June 30, 1952, and thereafter, as the Congress may deem necessary. 

Such sums appropriated in pursuance of this title shall be in addition to, and not in substitution for, sums appropriated or otherwise 

made available to the Department of Agriculture. 

(b) The Secretary of Agriculture is authorized to make available from such funds such sums as he may deem appropriate for 

allotment to State departments of agriculture, State bureaus and 

departments of markets, State agricultural experiment stations, 

and other appropriate State agencies for cooperative projects in 

marketing service and in marketing research to effectuate the purposes of title II of this Act: Provided, That no such allotment and 

no payment under any such allotment shall be made for any fiscal 

year to any State agency in excess of the amount which such State 

agency makes available out of its own funds for such research. The 

funds which State agencies are required to make available in order 

to qualify for such an allotment shall be in addition to any funds 

now available to such agencies for marketing services and for marketing research. The allotments authorized under this section shall 

be made to the agency or agencies best equipped and qualified to 

conduct the specific project to be undertaken. Such allotments shall 

be covered by cooperative agreements between the Secretary of Agriculture and the cooperating agency and shall include appropriate 

provisions for preventing duplication or overlapping of work within 

the State or States cooperating. Should duplication or overlapping 

occur subsequent to approval of a cooperative project or allotment 

of funds, the Secretary of Agriculture is authorized and directed to 

withhold unexpended balances on such projects notwithstanding 

the prior approval thereof. 

SEC. 205. ø7 U.S.C. 1624¿ (a) In carrying out the provisions of 

title II of this Act, the Secretary of Agriculture may cooperate with 

other branches of the Government, State agencies, private research 

organizations, purchasing and consuming organizations, boards of 

trade, chambers of commerce, other associations of business or 

trade organizations, transportation and storage agencies and organizations, or other persons or corporations engaged in the production, transportation, storing, processing, marketing, and distribution of agricultural products whether operating in one or more jurisdictions. The Secretary of Agriculture shall have authority to 

enter into contracts and agreements under the terms of regulations 

promulgated by him with States and agencies of States, private 

February 7, 2014 
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firms, institutions, and individuals for the purpose of conducting 

research and service work, making and compiling reports and surveys, and carrying out other functions relating thereto when in his 

judgment the services or functions to be performed will be carried 

out more effectively, more rapidly, or at less cost than if performed 

by the Department of Agriculture. Contracts hereunder may be 

made for work to be performed within a period not more than four 

years from the date of any such contract, and advance, progress, 

or other payments may be made. The provisions of section 3648 (31 

U.S.C., sec. 529) and section 3709 (41 U.S.C., sec. 5) of the Revised 

Statutes shall not be applicable to contracts or agreements made 

under the authority of this section. Any unexpended balances of appropriations obligated by contracts as authorized by this section 

may, notwithstanding the provisions of section 5 of the Act of June 

20, 1874, as amended (31 U.S.C., sec. 713), remain upon the books 

of the Treasury for not more than five fiscal years before being carried to the surplus fund and covered into the Treasury. Any contract made pursuant to this section shall contain requirements 

making the result of such research and investigations available to 

the public by such means as the Secretary of Agriculture shall determine. 

(b) The Secretary of Agriculture shall promulgate such orders, 

rules, and regulations as he deems necessary to carry out the provisions of this title. 

SEC. 206. ø7 U.S.C. 1625¿ In order to facilitate administration 

and to increase the effectiveness of the marketing research, service, 

and regulatory work of the Department of Agriculture to the fullest 

extent practicable, the Secretary of Agriculture is authorized, notwithstanding any other provisions of law, to transfer, group, coordinate, and consolidate the functions, powers, duties, and authorities 

of each and every agency, division, bureau, service, section, or other 

administrative unit in the Department of Agriculture primarily 

concerned with research, service, or regulatory activities in connection with the marketing, transportation, storage, processing, distribution of, or service or regulatory activities in connection with, 

the utilization of, agricultural products, into a single administrative agency. In making such changes as may be necessary to carry 

out effectively the purposes of this title, the records, property, personnel, and funds of such agencies, divisions, bureaus, services, 

sections, or other administrative units in the Department of Agriculture affected thereby are authorized to be transferred to and 

used by such administrative agency to which the transfer may be 

made, but such unexpended balances of appropriations so transferred shall be used only for the purposes for which such appropriations were made. 

SEC. 207. ø7 U.S.C. 1626¿ When used in this title, the term 

‘‘agricultural products’’ includes agricultural, horticultural, 

viticultural, and dairy products, livestock and poultry, bees, forest 

products, fish and shellfish, and any products thereof, including 

processed and manufactured products, and any and all products 

raised or produced on farms and any processed or manufactured 

February 7, 2014 
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6So in original. Probably should be ‘‘title’’. 

product thereof, and the term ‘‘State’’ when used in this chapter 6

shall include the Virgin Islands and Guam. 

SEC. 208. ø7 U.S.C. 1627¿ The Secretary of Agriculture shall 

have the power to appoint, remove, and fix, in accordance with existing law, the compensation of such officers and employees, and to 

make such expenditures as he deems necessary, including expenditures for rent outside the District of Columbia, travel, supplies, 

books, equipment, and such other expenditures as may be necessary to the administration of this title: Provided, That the Secretary of Agriculture may appoint and fix the compensation of any 

technically qualified person, firm, or organization by contract or 

otherwise on a temporary basis and for a term not to exceed six 

months in any fiscal year to perform research, inspection, classification, technical, or other special services, without regard to the 

civil-service laws or the Classification Act of 1923, as amended. 

SEC. 209. ø7 U.S.C. 1627a¿ SHEEP PRODUCTION AND MARKETING 

GRANT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary of Agriculture, acting 

through the Administrator of the Agricultural Marketing Service, 

shall establish a competitive grant program for the purposes of 

strengthening and enhancing the production and marketing of 

sheep and sheep products in the United States, including 

through— 

(1) the improvement of— 

(A) infrastructure; 

(B) business; and 

(C) resource development; and 

(2) the development of innovative approaches to solve longterm needs. 

(b) ELIGIBILITY.—The Secretary shall make grants under this 

section to at least one national entity, the mission of which is consistent with the purpose of the grant program. 

(c) FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000 for 

fiscal year 2014, to remain available until expended. 

SEC. 210. ø7 U.S.C. 1627b¿ NATIONAL SHEEP INDUSTRY IMPROVEMENT 

CENTER. 

(a) DEFINITIONS.—In this section: 

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors established under subsection (f). 

(2) CENTER.—The term ‘‘Center’’ means the National 

Sheep Industry Improvement Center established under subsection (b). 

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an 

entity that promotes the betterment of the United States sheep 

or goat industries and that is— 

(A) a public, private, or cooperative organization; 

(B) an association, including a corporation not operated for profit; 

(C) a federally recognized Indian Tribe; or 

(D) a public or quasi-public agency. 

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(4) FUND.—The term ‘‘Fund’’ means the National Sheep Industry Improvement Center Revolving Fund established under 

subsection (e). 

(5) INTERMEDIARY.—The term ‘‘intermediary’’ means a financial institution receiving Center funds for establishing a revolving fund and relending to an eligible entity. 

(b) ESTABLISHMENT OF CENTER.—The Secretary shall establish 

a National Sheep Industry Improvement Center. 

(c) PURPOSES.—The purposes of the Center shall be to— 

(1) promote strategic development activities and collaborative efforts by private and State entities to maximize the impact of Federal assistance to strengthen and enhance production and marketing of sheep or goat products in the United 

States; 

(2) optimize the use of available human capital and resources within the sheep or goat industries; 

(3) provide assistance to meet the needs of the sheep or 

goat industry for infrastructure development, business development, production, resource development, and market and environmental research; 

(4) advance activities that empower and build the capacity 

of the United States sheep or goat industry to design unique 

responses to the special needs of the sheep or goat industries 

on both a regional and national basis; and 

(5) adopt flexible and innovative approaches to solving the 

long-term needs of the United States sheep or goat industry. 

(d) STRATEGIC PLAN.— 

(1) IN GENERAL.—The Center shall submit to the Secretary 

an annual strategic plan for the delivery of financial assistance 

provided by the Center. 

(2) REQUIREMENTS.—A strategic plan shall identify— 

(A) goals, methods, and a benchmark for measuring 

the success of carrying out the plan and how the plan relates to the national and regional goals of the Center; 

(B) the amount and sources of Federal and non-Federal funds that are available for carrying out the plan; 

(C) funding priorities; 

(D) selection criteria for funding; and 

(E) a method of distributing funding. 

(e) REVOLVING FUND.— 

(1) ESTABLISHMENT.—There is established in the Treasury 

the National Sheep Industry Improvement Center Revolving 

Fund. The Fund shall be available to the Center, without fiscal 

year limitation, to carry out the authorized programs and activities of the Center under this section. 

(2) CONTENTS OF FUND.—There shall be deposited in the 

Fund— 

(A) such amounts as may be appropriated, transferred, 

or otherwise made available to support programs and activities of the Center; 

(B) payments received from any source for products, 

services, or property furnished in connection with the activities of the Center; 

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(C) fees and royalties collected by the Center from licensing or other arrangements relating to commercialization of products developed through projects funded, in 

whole or part, by grants, contracts, or cooperative agreements executed by the Center; 

(D) proceeds from the sale of assets, loans, and equity 

interests made in furtherance of the purposes of the Center; 

(E) donations or contributions accepted by the Center 

to support authorized programs and activities; and 

(F) any other funds acquired by the Center. 

(3) USE OF FUND.— (A) IN GENERAL.—The Center may use amounts in the 

Fund to make direct loans, loan guarantees, cooperative 

agreements, equity interests, investments, repayable 

grants, and grants to eligible entities, either directly or 

through an intermediary, in accordance with a strategic 

plan submitted under subsection (d). 

(B) CONTINUED EXISTENCE.—The Center shall manage 

the Fund in a manner that ensures that sufficient 

amounts are available in the Fund to carry out subsection 

(c). The Fund is intended to furnish the initial capital for 

a revolving fund that will eventually be privatized for the 

purposes of assisting the United States sheep and goat industries. 

(C) DIVERSE AREA.—The Center shall, to the maximum 

extent practicable, use the Fund to serve broad geographic 

areas and regions of diverse production. 

(D) ADMINISTRATION.—The Center may not use more 

than 10 percent of the amounts in the portfolio of the Center for each fiscal year for the administration of the Center. The portfolio shall be calculated at the beginning of 

each fiscal year and shall include a total of— 

(i) all outstanding loan balances; 

(ii) the Fund balance; 

(iii) the outstanding balance to intermediaries; 

and 

(iv) the amount the Center paid for all equity interests. 

(E) INFLUENCING LEGISLATION.—None of the amounts 

in the Fund may be used to influence legislation. 

(F) ACCOUNTING.—To be eligible to receive amounts 

from the Fund, an entity must agree to account for the 

amounts using generally accepted accounting principles. 

(G) USES OF FUND.—The Center may use amounts in 

the Fund to— 

(i) participate with Federal and State agencies in 

financing activities that are in accordance with a strategic plan submitted under subsection (d), including 

participation with several States in a regional effort; 

(ii) participate with other public and private funding sources in financing activities that are in accordance with the strategic plan, including participation in 

a regional effort; 

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(iii) provide security for, or make principal or interest payments on, revenue or general obligation 

bonds issued by a State, if the proceeds from the sale 

of the bonds are deposited in the Fund; 

(iv) accrue interest; 

(v) guarantee or purchase insurance for local obligations to improve credit market access or reduce interest rates for a project that is in accordance with the 

strategic plan; 

(vi) sell assets, loans, and equity interests acquired in connection with the financing of projects 

funded by the Center; or 

(vii) purchase equity interests. 

(4) LOANS.— (A) RATE.—A loan from the Fund may be made at an 

interest rate that is below the market rate or may be interest free. 

(B) TERM.—The term of a loan may not exceed the 

shorter of— 

(i) the useful life of the activity financed; or 

(ii) 40 years. 

(C) SOURCE OF REPAYMENT.—The Center may not 

make a loan from the Fund unless the recipient establishes an assured source of repayment. 

(D) PROCEEDS.—All payments of principal and interest 

on a loan made from the Fund shall be deposited into the 

Fund. 

(5) MAINTENANCE OF EFFORT.—The Center shall use the 

Fund only to supplement and not to supplant Federal, State, 

and private funds expended for rural development. 

(f) BOARD OF DIRECTORS.— 

(1) IN GENERAL.—The management of the Center shall be 

vested in a Board of Directors. 

(2) POWERS.—The Board shall— 

(A) be responsible for the general supervision of the 

Center; 

(B) review any contract, direct loan, loan guarantee, 

cooperative agreement, equity interest, investment, repayable grant, and grant to be made or entered into by the 

Center and any financial assistance provided to the Center; 

(C) make the final decision, by majority vote, on 

whether and how to provide assistance to an applicant; 

and 

(D) develop and establish a budget plan and a longterm operating plan to carry out the goals of the Center. 

(3) COMPOSITION.—The Board shall be composed of— 

(A) 7 voting members, of whom— 

(i) 4 members shall be active producers of sheep 

or goats in the United States; 

(ii) 2 members shall have expertise in finance and 

management; and 

(iii) 1 member shall have expertise in lamb, wool, 

goat, or goat product marketing; and 

February 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

(B) 2 nonvoting members, of whom— 

(i) 1 member shall be the Under Secretary of Agriculture for Rural Development; and 

(ii) 1 member shall be the Under Secretary of Agriculture for Research, Education, and Economics. 

(4) NOMINATION.— (A) NOMINATING BODY.—The Secretary shall appoint 

the voting members of the Board from nominations submitted by organizations described in subparagraph (B). 

(B) NATIONAL ORGANIZATIONS.—A national organization is described in this subparagraph if the organization— 

(i) consists primarily of active sheep or goat producers in the United States; and 

(ii) has as the primary interest of the organization 

the production of sheep or goats in the United States. 

(5) TERM OF OFFICE.— (A) IN GENERAL.—Subject to subparagraph (B), the 

term of office of a voting member of the Board shall be 3 

years. 

(B) STAGGERED INITIAL TERMS.—The initial voting 

members of the Board (other than the chairperson of the 

initially established Board) shall serve for staggered terms 

of 1, 2, and 3 years, as determined by the Secretary. 

(C) REAPPOINTMENT.—A voting member may be reappointed for not more than one additional term. 

(6) VACANCY.— 

(A) IN GENERAL.—A vacancy on the Board shall be 

filled in the same manner as the original Board. 

(B) REAPPOINTMENT.—A voting member appointed to 

fill a vacancy for an unexpired term may be reappointed 

for one full term. 

(7) CHAIRPERSON.— 

(A) IN GENERAL.—The Board shall select a chairperson 

from among the voting members of the Board. 

(B) TERM.—The term of office of the chairperson shall 

be 2 years. 

(8) ANNUAL MEETING.— 

(A) IN GENERAL.—The Board shall meet not less than 

once each fiscal year at the call of the chairperson or at 

the request of the executive director appointed under subsection (g)(1). 

(B) LOCATION.—The location of a meeting of the Board 

shall be established by the Board. 

(9) VOTING.— 

(A) QUORUM.—A quorum of the Board shall consist of 

a majority of the voting members. 

(B) MAJORITY VOTE.—A decision of the Board shall be 

made by a majority of the voting members of the Board. 

(10) CONFLICTS OF INTEREST.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(D), a member of the Board shall not vote on any matter 

respecting any application, contract, claim, or other particular matter pending before the Board in which, to the 

knowledge of the member, an interest is held by— 

February 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

(i) the member; 

(ii) any spouse of the member; 

(iii) any child of the member; 

(iv) any partner of the member; 

(v) any organization in which the member is serving as an officer, director, trustee, partner, or employee; or 

(vi) any person with whom the member is negotiating or has any arrangement concerning prospective 

employment or with whom the member has a financial 

interest. 

(B) REMOVAL.—Any action by a member of the Board 

that violates subparagraph (A) shall be cause for removal 

from the Board. 

(C) VALIDITY OF ACTION.—An action by a member of 

the Board that violates subparagraph (A) shall not impair 

or otherwise affect the validity of any otherwise lawful action by the Board. 

(D) DISCLOSURE.— 

(i) IN GENERAL.—If a member of the Board makes 

a full disclosure of an interest and, prior to any participation by the member, the Board determines, by 

majority vote, that the interest is too remote or too inconsequential to affect the integrity of any participation by the member, the member may participate in 

the matter relating to the interest, except as provided 

in subparagraph (E)(iii). 

(ii) VOTE.—A member that discloses an interest 

under clause (i) shall not vote on a determination of 

whether the member may participate in the matter relating to the interest. 

(E) REMANDS.— 

(i) IN GENERAL.—The Secretary may vacate and 

remand to the Board for reconsideration any decision 

made pursuant to subsection (e)(3)(H) if the Secretary 

determines that there has been a violation of this 

paragraph or any conflict of interest provision of the 

bylaws of the Board with respect to the decision. 

(ii) REASONS.—In the case of any violation and remand of a funding decision to the Board under clause 

(i), the Secretary shall inform the Board of the reasons 

for the remand. 

(iii) CONFLICTED MEMBERS NOT TO VOTE ON REMANDED DECISIONS.—If a decision with respect to a 

matter is remanded to the Board by reason of a conflict of interest faced by a Board member, the member 

may not participate in any subsequent decision with 

respect to the matter. 

(11) COMPENSATION.— 

(A) IN GENERAL.—A member of the Board shall not receive any compensation by reason of service on the Board. 

(B) EXPENSES.—A member of the Board shall be reimbursed for travel, subsistence, and other necessary exFebruary 7, 2014 
7–15 Sec. 210 

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AGRICULTURAL MARKETING ACT OF 1946 

penses incurred by the member in the performance of a 

duty of the member. 

(12) BYLAWS.—The Board shall adopt, and may from time 

to time amend, any bylaw that is necessary for the proper 

management and functioning of the Center. 

(13) PUBLIC HEARINGS.—Not later than 1 year after the 

date of enactment of this section, the Board shall hold public 

hearings on policy objectives of the program established under 

this section. 

(14) ORGANIZATIONAL SYSTEM.—The Board shall provide a 

system of organization to fix responsibility and promote efficiency in carrying out the functions of the Board. 

(15) USE OF DEPARTMENT OF AGRICULTURE.—The Board 

may, with the consent of the Secretary, utilize the facilities of 

and the services of employees of the Department of Agriculture, without cost to the Center. 

(g) OFFICERS AND EMPLOYEES.— 

(1) EXECUTIVE DIRECTOR.— 

(A) IN GENERAL.—The Board shall appoint an executive director to be the chief executive officer of the Center. 

(B) TENURE.—The executive director shall serve at the 

pleasure of the Board. 

(C) COMPENSATION.—Compensation for the executive 

director shall be established by the Board. 

(2) OTHER OFFICERS AND EMPLOYEES.—The Board may select and appoint officers, attorneys, employees, and agents who 

shall be vested with such powers and duties as the Board may 

determine. 

(3) DELEGATION.—The Board may, by resolution, delegate 

to the chairperson, the executive director, or any other officer 

or employee any function, power, or duty of the Board other 

than voting on a grant, loan, contract, agreement, budget, or 

annual strategic plan. 

(h) CONSULTATION.—To carry out this section, the Board may 

consult with— 

(1) State departments of agriculture; 

(2) Federal departments and agencies; 

(3) nonprofit development corporations; 

(4) colleges and universities; 

(5) banking and other credit-related agencies; 

(6) agriculture and agribusiness organizations; and 

(7) regional planning and development organizations. 

(i) OVERSIGHT.— 

(1) IN GENERAL.—The Secretary shall review and monitor 

compliance by the Board and the Center with this section. 

(2) SANCTIONS.—If, following notice and opportunity for a 

hearing, the Secretary finds that the Board or the Center is 

not in compliance with this section, the Secretary may— 

(A) cease making deposits to the Fund; 

(B) suspend the authority of the Center to withdraw 

funds from the Fund; or 

(C) impose other appropriate sanctions, including 

recoupment of money improperly expended for purposes 

February 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

7This subtitle was added by section 911(2) of title IX of the Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies Appropriations Act, 2000 (Public Law 

106–78). Section 942 of that title (113 Stat. 1211; 7 U.S.C. 1635 note), as amended by section 

1 of Public Law 108–444 (118 Stat. 2635), section 1(b) of Public Law 109–296 (120 Stat. 1464), 

and section 2(a)(2) of Pubic Law 111–239 (124 Stat. 2501), provides that: ‘‘The authority provided by this title and the amendments made by this title (other than section 911 of subtitle 

A and the amendments made by that section) terminate on September 30, 2015.’’. 

prohibited or not authorized by this Act and disqualification from receipt of financial assistance under this section. 

(3) RESCISSION OF SANCTIONS.—The Secretary shall rescind 

sanctions imposed under paragraph (2) on a finding by the Secretary that there is no longer any failure by the Board or the 

Center to comply with this section or that the noncompliance 

will be promptly corrected. 

Subtitle B—Livestock Mandatory 

Reporting 7

CHAPTER 1—PURPOSE; DEFINITIONS 

SEC. 211. ø7 U.S.C. 1635¿ PURPOSE. 

The purpose of this subtitle is to establish a program of information regarding the marketing of cattle, swine, lambs, and products of such livestock that— 

(1) provides information that can be readily understood by 

producers, packers, and other market participants, including 

information with respect to the pricing, contracting for purchase, and supply and demand conditions for livestock, livestock production, and livestock products; 

(2) improves the price and supply reporting services of the 

Department of Agriculture; and 

(3) encourages competition in the marketplace for livestock 

and livestock products. 

SEC. 212. ø7 U.S.C. 1635a¿ DEFINITIONS. 

In this subtitle: 

(1) BASE PRICE.—The term ‘‘base price’’ means the price 

paid for livestock, delivered at the packing plant, before application of any premiums or discounts, expressed in dollars per 

hundred pounds of carcass weight. 

(2) BASIS LEVEL.—The term ‘‘basis level’’ means the 

agreed-on adjustment to a future price to establish the final 

price paid for livestock. 

(3) CURRENT SLAUGHTER WEEK.—The term ‘‘current 

slaughter week’’ means the period beginning Monday, and ending Sunday, of the week in which a reporting day occurs. 

(4) F.O.B.—The term ‘‘F.O.B.’’ means free on board, regardless of the mode of transportation, at the point of direct 

shipment by the seller to the buyer. 

(5) LIVESTOCK.—The term ‘‘livestock’’ means cattle, swine, 

and lambs. 

(6) LOT.—The term ‘‘lot’’ means a group of one or more 

livestock that is identified for the purpose of a single transaction between a buyer and a seller. 

February 7, 2014 
7–17 Sec. 221 

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AGRICULTURAL MARKETING ACT OF 1946 

(7) MARKETING.—The term ‘‘marketing’’ means the sale or 

other disposition of livestock, livestock products, or meat or 

meat food products in commerce. 

(8) NEGOTIATED PURCHASE.—The term ‘‘negotiated purchase’’ means a cash or spot market purchase by a packer of 

livestock from a producer under which— 

(A) the base price for the livestock is determined by 

seller-buyer interaction and agreement on a day; and 

(B) the livestock are scheduled for delivery to the 

packer not later than 14 days after the date on which the 

livestock are committed to the packer. 

(9) NEGOTIATED SALE.—The term ‘‘negotiated sale’’ means 

a cash or spot market sale by a producer of livestock to a packer under which— 

(A) the base price for the livestock is determined by 

seller-buyer interaction and agreement on a day; and 

(B) the livestock are scheduled for delivery to the 

packer not later than 14 days after the date on which the 

livestock are committed to the packer. 

(10) PRIOR SLAUGHTER WEEK.—The term ‘‘prior slaughter 

week’’ means the Monday through Sunday prior to a reporting 

day. 

(11) PRODUCER.—The term ‘‘producer’’ means any person 

engaged in the business of selling livestock to a packer for 

slaughter (including the sale of livestock from a packer to another packer). 

(12) REPORTING DAY.—The term ‘‘reporting day’’ means a 

day on which— 

(A) a packer conducts business regarding livestock 

committed to the packer, or livestock purchased, sold, or 

slaughtered by the packer; 

(B) the Secretary is required to make information concerning the business described in subparagraph (A) available to the public; and 

(C) the Department of Agriculture is open to conduct 

business. 

(13) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. 

(14) STATE.—The term ‘‘State’’ means each of the 50 

States. 

CHAPTER 2—CATTLE REPORTING 

SEC. 221. ø7 U.S.C. 1635d¿ DEFINITIONS. 

In this chapter: 

(1) CATTLE COMMITTED.—The term ‘‘cattle committed’’ 

means cattle that are scheduled to be delivered to a packer 

within the 7-day period beginning on the date of an agreement 

to sell the cattle. 

(2) CATTLE TYPE.—The term ‘‘cattle type’’ means the following types of cattle purchased for slaughter: 

(A) Fed steers. 

(B) Fed heifers. 

February 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

(C) Fed Holsteins and other fed dairy steers and heifers. 

(D) Cows. 

(E) Bulls. 

(3) FORMULA MARKETING ARRANGEMENT.—The term ‘‘formula marketing arrangement’’ means the advance commitment 

of cattle for slaughter by any means other than through a negotiated purchase or a forward contract, using a method for 

calculating price in which the price is determined at a future 

date. 

(4) FORWARD CONTRACT.—The term ‘‘forward contract’’ 

means— 

(A) an agreement for the purchase of cattle, executed 

in advance of slaughter, under which the base price is established by reference to— 

(i) prices quoted on the Chicago Mercantile Exchange; or 

(ii) other comparable publicly available prices; or 

(B) such other forward contract as the Secretary determines to be applicable. 

(5) PACKER.—The term ‘‘packer’’ means any person engaged in the business of buying cattle in commerce for purposes of slaughter, of manufacturing or preparing meats or 

meat food products from cattle for sale or shipment in commerce, or of marketing meats or meat food products from cattle 

in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, except that— 

(A) the term includes only a cattle processing plant 

that is federally inspected; 

(B) for any calendar year, the term includes only a cattle processing plant that slaughtered an average of at least 

125,000 head of cattle per year during the immediately 

preceding 5 calendar years; and 

(C) in the case of a cattle processing plant that did not 

slaughter cattle during the immediately preceding 5 calendar years, the Secretary shall consider the plant capacity of the processing plant in determining whether the 

processing plant should be considered a packer under this 

chapter. 

(6) PACKER-OWNED CATTLE.—The term ‘‘packer-owned cattle’’ means cattle that a packer owns for at least 14 days immediately before slaughter. 

(7) TERMS OF TRADE.—The term ‘‘terms of trade’’ includes, 

with respect to the purchase of cattle for slaughter— 

(A) whether a packer provided any financing agreement or arrangement with regard to the cattle; 

(B) whether the delivery terms specified the location of 

the producer or the location of the packer’s plant; 

(C) whether the producer is able to unilaterally specify 

the date and time during the business day of the packer 

that the cattle are to be delivered for slaughter; and 

(D) the percentage of cattle purchased by a packer as 

a negotiated purchase that are delivered to the plant for 

February 7, 2014 
7–19 Sec. 222 

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AGRICULTURAL MARKETING ACT OF 1946 

slaughter more than 7 days, but fewer than 14 days, after 

the earlier of— 

(i) the date on which the cattle were committed to 

the packer; or 

(ii) the date on which the cattle were purchased 

by the packer. 

(8) TYPE OF PURCHASE.—The term ‘‘type of purchase’’, with 

respect to cattle, means— 

(A) a negotiated purchase; 

(B) a formula market arrangement; and 

(C) a forward contract. 

SEC. 222. ø7 U.S.C. 1635e¿ MANDATORY REPORTING FOR LIVE CATTLE. 

(a) ESTABLISHMENT.—The Secretary shall establish a program 

of live cattle price information reporting that will— 

(1) provide timely, accurate, and reliable market information; 

(2) facilitate more informed marketing decisions; and 

(3) promote competition in the cattle slaughtering industry. 

(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS

AND THE SECRETARY.— 

(1) IN GENERAL.—Whenever the prices or quantities of cattle are required to be reported or published under this section, 

the prices or quantities shall be categorized so as to clearly delineate— 

(A) the prices or quantities, as applicable, of the cattle 

purchased in the domestic market; and 

(B) the prices or quantities, as applicable, of imported 

cattle. 

(2) PACKER-OWNED CATTLE.—Information required under 

this section for packer-owned cattle shall include quantity and 

carcass characteristics, but not price. 

(c) DAILY REPORTING.— 

(1) IN GENERAL.—The corporate officers or officially designated representatives of each packer processing plant shall 

report to the Secretary at least twice each reporting day (including once not later than 10:00 a.m. Central Time and once 

not later than 2:00 p.m. Central Time) the following information for each cattle type: 

(A) The prices for cattle (per hundredweight) established on that day, categorized by— 

(i) type of purchase; 

(ii) the quantity of cattle purchased on a live 

weight basis; 

(iii) the quantity of cattle purchased on a dressed 

weight basis; 

(iv) a range of the estimated live weights of the 

cattle purchased; 

(v) an estimate of the percentage of the cattle purchased that were of a quality grade of choice or better; 

and 

(vi) any premiums or discounts associated with— 

(I) weight, grade, or yield; or 

February 7, 2014 
Sec. 222 7–20 

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AGRICULTURAL MARKETING ACT OF 1946 

(II) any type of purchase. 

(B) The quantity of cattle delivered to the packer 

(quoted in numbers of head) on that day, categorized by— 

(i) type of purchase; 

(ii) the quantity of cattle delivered on a live 

weight basis; and 

(iii) the quantity of cattle delivered on a dressed 

weight basis. 

(C) The quantity of cattle committed to the packer 

(quoted in numbers of head) as of that day, categorized 

by— 

(i) type of purchase; 

(ii) the quantity of cattle committed on a live 

weight basis; and 

(iii) the quantity of cattle committed on a dressed 

weight basis. 

(D) The terms of trade regarding the cattle, as applicable. 

(2) PUBLICATION.—The Secretary shall make the information available to the public not less frequently than three times 

each reporting day. 

(d) WEEKLY REPORTING.— (1) IN GENERAL.—The corporate officers or officially designated representatives of each packer processing plant shall 

report to the Secretary, on the first reporting day of each week, 

not later than 9:00 a.m. Central Time, the following information applicable to the prior slaughter week: 

(A) The quantity of cattle purchased through a forward contract that were slaughtered. 

(B) The quantity of cattle delivered under a formula 

marketing arrangement that were slaughtered. 

(C) The quantity and carcass characteristics of packerowned cattle that were slaughtered. 

(D) The quantity, basis level, and delivery month for 

all cattle purchased through forward contracts that were 

agreed to by the parties. 

(E) The range and average of intended premiums and 

discounts that are expected to be in effect for the current 

slaughter week. 

(2) FORMULA PURCHASES.—The corporate officers or officially designated representatives of each packer processing 

plant shall report to the Secretary, on the first reporting day 

of each week, not later than 9:00 a.m. Central Time, the following information for cattle purchased through a formula 

marketing arrangement and slaughtered during the prior 

slaughter week: 

(A) The quantity (quoted in both numbers of head and 

hundredweights) of cattle. 

(B) The weighted average price paid for a carcass, including applicable premiums and discounts. 

(C) The range of premiums and discounts paid. 

(D) The weighted average of premiums and discounts 

paid. 

(E) The range of prices paid. 

February 7, 2014 
7–21 Sec. 231 

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AGRICULTURAL MARKETING ACT OF 1946 

(F) The aggregate weighted average price paid for a 

carcass. 

(G) The terms of trade regarding the cattle, as applicable. 

(3) PUBLICATION.—The Secretary shall make available to 

the public the information obtained under paragraphs (1) and 

(2) on the first reporting day of the current slaughter week, not 

later than 10:00 a.m. Central Time. 

(e) REGIONAL REPORTING OF CATTLE TYPES.— 

(1) IN GENERAL.—The Secretary shall determine whether 

adequate data can be obtained on a regional basis for fed Holsteins and other fed dairy steers and heifers, cows, and bulls 

based on the number of packers required to report under this 

section. 

(2) REPORT.—Not later than 2 years after the date of the 

enactment of this subtitle, the Secretary shall submit to the 

Committee on Agriculture of the House of Representatives and 

the Committee on Agriculture, Nutrition, and Forestry of the 

Senate a report on the determination of the Secretary under 

paragraph (1). 

SEC. 223. ø7 U.S.C. 1635f¿ MANDATORY PACKER REPORTING OF BOXED 

BEEF SALES. 

(a) DAILY REPORTING.—The corporate officers or officially designated representatives of each packer processing plant shall report 

to the Secretary at least twice each reporting day (not less than 

once before, and once after, 12:00 noon Central Time) information 

on total boxed beef sales, including— 

(1) the price for each lot of each negotiated boxed beef sale 

(determined by seller-buyer interaction and agreement), quoted 

in dollars per hundredweight (on a F.O.B. plant basis); 

(2) the quantity for each lot of each sale, quoted by number 

of boxes sold; and 

(3) information regarding the characteristics of each lot of 

each sale, including— 

(A) the grade of beef (USDA Choice or better, USDA 

Select, or ungraded no-roll product); 

(B) the cut of beef; and 

(C) the trim specification. 

(b) PUBLICATION.—The Secretary shall make available to the 

public the information required to be reported under subsection (a) 

not less frequently than twice each reporting day. 

CHAPTER 3—SWINE REPORTING 

SEC. 231. ø7 U.S.C. 1635i¿ DEFINITIONS. 

In this chapter: 

(1) AFFILIATE.—The term ‘‘affiliate’’, with respect to a 

packer, means— 

(A) a person that directly or indirectly owns, controls, 

or holds with power to vote, 5 percent or more of the outstanding voting securities of the packer; 

(B) a person 5 percent or more of whose outstanding 

voting securities are directly or indirectly owned, controlled, or held with power to vote, by the packer; and 

February 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

(C) a person that directly or indirectly controls, or is 

controlled by or under common control with, the packer. 

(2) APPLICABLE REPORTING PERIOD.—The term ‘‘applicable 

reporting period’’ means the period of time prescribed by the 

prior day report, the morning report, and the afternoon report, 

as required under section 232(c). 

(3) BARROW.—The term ‘‘barrow’’ means a neutered male 

swine. 

(4) BASE MARKET HOG.—The term ‘‘base market hog’’ 

means a barrow or gilt for which no discounts are subtracted 

from and no premiums are added to the base price. 

(5) BOAR.—The term ‘‘boar’’ means a sexually-intact male 

swine. 

(6) FORMULA PRICE.—The term ‘‘formula price’’ means a 

price determined by a mathematical formula under which the 

price established for a specified market serves as the basis for 

the formula. 

(7) GILT.—The term ‘‘gilt’’ means a young female swine 

that has not produced a litter. 

(8) HOG CLASS.—The term ‘‘hog class’’ means, as applicable— 

(A) barrows or gilts; 

(B) sows; or 

(C) boars or stags. 

(9) NONCARCASS MERIT PREMIUM.—The term ‘‘noncarcass 

merit premium’’ means an increase in the base price of the 

swine offered by an individual packer or packing plant, based 

on any factor other than the characteristics of the carcass, if 

the actual amount of the premium is known before the sale 

and delivery of the swine. 

(10) OTHER MARKET FORMULA PURCHASE.— 

(A) IN GENERAL.—The term ‘‘other market formula 

purchase’’ means a purchase of swine by a packer in which 

the pricing mechanism is a formula price based on any 

market other than the market for swine, pork, or a pork 

product. 

(B) INCLUSION.—The term ‘‘other market formula purchase’’ includes a formula purchase in a case in which the 

price formula is based on one or more futures or options 

contracts. 

(11) OTHER PURCHASE ARRANGEMENT.—The term ‘‘other 

purchase arrangement’’ means a purchase of swine by a packer 

that— 

(A) is not a negotiated purchase, swine or pork market 

formula purchase, or other market formula purchase; and 

(B) does not involve packer-owned swine. 

(12) PACKER.—The term ‘‘packer’’ means any person engaged in the business of buying swine in commerce for purposes of slaughter, of manufacturing or preparing meats or 

meat food products from swine for sale or shipment in commerce, or of marketing meats or meat food products from swine 

in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, except that— 

February 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

(A) the term includes only a swine processing plant 

that is federally inspected; 

(B) for any calendar year, the term includes only— 

(i) a swine processing plant that slaughtered an 

average of at least 100,000 swine per year during the 

immediately preceding five calendar years; and 

(ii) a person that slaughtered an average of at 

least 200,000 sows, boars, or any combination thereof, 

per year during the immediately preceding five calendar years; and 

(C) in the case of a swine processing plant or person 

that did not slaughter swine during the immediately preceding 5 calendar years, the Secretary shall consider the 

plant capacity of the processing plant or person in determining whether the processing plant or person should be 

considered a packer under this chapter. 

(13) PACKER-OWNED SWINE.—The term ‘‘packer-owned 

swine’’ means swine that a packer (including a subsidiary or 

affiliate of the packer) owns for at least 14 days immediately 

before slaughter. 

(14) PACKER-SOLD SWINE.—The term ‘‘packer-sold swine’’ 

means the swine that are— 

(A) owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately before sale for slaughter; and 

(B) sold for slaughter to another packer. 

(15) PORK.—The term ‘‘pork’’ means the meat of a porcine 

animal. 

(16) PORK PRODUCT.—The term ‘‘pork product’’ means a 

product or byproduct produced or processed in whole or in part 

from pork. 

(17) PURCHASE DATA.—The term ‘‘purchase data’’ means all 

of the applicable data, including weight (if purchased live), for 

all swine purchased during the applicable reporting period, regardless of the expected delivery date of the swine, reported 

by— 

(A) hog class; 

(B) type of purchase; and 

(C) packer-owned swine. 

(18) SLAUGHTER DATA.—The term ‘‘slaughter data’’ means 

all of the applicable data for all swine slaughtered by a packer 

during the applicable reporting period, regardless of when the 

price of the swine was negotiated or otherwise determined, reported by— 

(A) hog class; 

(B) type of purchase; and 

(C) packer-owned swine. 

(19) SOW.—The term ‘‘sow’’ means an adult female swine 

that has produced one or more litters. 

(20) SWINE.—The term ‘‘swine’’ means a porcine animal 

raised to be a feeder pig, raised for seedstock, or raised for 

slaughter. 

(21) SWINE OR PORK MARKET FORMULA PURCHASE.—The 

term ‘‘swine or pork market formula purchase’’ means a purFebruary 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

chase of swine by a packer in which the pricing mechanism is 

a formula price based on a market for swine, pork, or a pork 

product, other than a future or option for swine, pork, or a 

pork product. 

(22) TYPE OF PURCHASE.—The term ‘‘type of purchase’’, 

with respect to swine, means— 

(A) a negotiated purchase; 

(B) other market formula purchase; 

(C) a swine or pork market formula purchase; and 

(D) other purchase arrangement. 

SEC. 232. ø7 U.S.C. 1635j¿ MANDATORY REPORTING FOR SWINE. 

(a) ESTABLISHMENT.—The Secretary shall establish a program 

of swine price information reporting that will— 

(1) provide timely, accurate, and reliable market information; 

(2) facilitate more informed marketing decisions; and 

(3) promote competition in the swine slaughtering industry. 

(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS

AND THE SECRETARY.— 

(1) IN GENERAL.—The Secretary shall establish and implement a price reporting program in accordance with this section 

that includes the reporting and publication of information required under this section. 

(2) PACKER-OWNED SWINE.—Information required under 

this section for packer-owned swine shall include quantity and 

carcass characteristics, but not price. 

(3) PACKER-SOLD SWINE.—If information regarding the type 

of purchase is required under this section, the information 

shall be reported according to the numbers and percentages of 

each type of purchase comprising— 

(A) packer-sold swine; and 

(B) all other swine. 

(4) ADDITIONAL INFORMATION.— 

(A) REVIEW.—The Secretary shall review the information required to be reported by packers under this section 

at least once every 2 years. 

(B) OUTDATED INFORMATION.—After public notice and 

an opportunity for comment, subject to subparagraph (C), 

the Secretary shall promulgate regulations that specify additional information that shall be reported under this section if the Secretary determines under the review under 

subparagraph (A) that— 

(i) information that is currently required no longer 

accurately reflects the methods by which swine are 

valued and priced by packers; or 

(ii) packers that slaughter a significant majority of 

the swine produced in the United States no longer use 

backfat or lean percentage factors as indicators of 

price. 

(C) LIMITATION.—Under subparagraph (B), the Secretary may not require packers to provide any new or additional information that— 

February 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

(i) is not generally available or maintained by 

packers; or 

(ii) would be otherwise unduly burdensome to provide. 

(c) DAILY REPORTING; BARROWS AND GILTS.— 

(1) PRIOR DAY REPORT.— 

(A) IN GENERAL.—The corporate officers or officially 

designated representatives of each packer processing plant 

that processes barrows or gilts shall report to the Secretary, for each business day of the packer, such information as the Secretary determines necessary and appropriate to— 

(i) comply with the publication requirements of 

this section; and 

(ii) provide for the timely access to the information by producers, packers, and other market participants. 

(B) REPORTING DEADLINE AND PLANTS REQUIRED TO REPORT.—A packer required to report under subparagraph 

(A) shall— 

(i) not later than 7:00 a.m. Central Time on each 

reporting day, report information regarding all barrows and gilts purchased or priced, and 

(ii) not later than 9:00 a.m. Central Time on each 

reporting day, report information regarding all barrows and gilts slaughtered, 

during the prior business day of the packer. 

(C) INFORMATION REQUIRED.—The information from 

the prior business day of a packer required under this 

paragraph shall include— 

(i) all purchase data, including— 

(I) the total number of— 

(aa) barrows and gilts purchased; and 

(bb) barrows and gilts scheduled for delivery; and 

(II) the base price and purchase data for 

slaughtered barrows and gilts for which a price 

has been established; 

(ii) all slaughter data for the total number of barrows and gilts slaughtered, including— 

(I) information concerning the net price, 

which shall be equal to the total amount paid by 

a packer to a producer (including all premiums, 

less all discounts) per hundred pounds of carcass 

weight of barrows and gilts delivered at the 

plant— 

(aa) including any sum deducted from the 

price per hundredweight paid to a producer 

that reflects the repayment of a balance owed 

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

packer to the producer; and 

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AGRICULTURAL MARKETING ACT OF 1946 

(bb) excluding any sum earlier paid to a 

producer that must later be repaid to the 

packer; 

(II) information concerning the average net 

price, which shall be equal to the quotient (stated 

per hundred pounds of carcass weight of barrows 

and gilts) obtained by dividing— 

(aa) the total amount paid for the barrows and gilts slaughtered at a packing plant 

during the applicable reporting period, including all premiums and discounts, and including 

any sum deducted from the price per hundredweight paid to a producer that reflects 

the repayment of a balance owed by the producer to the packer, or the accumulation of a 

balance to later be repaid by the packer to the 

producer, less all discounts; by 

(bb) the total carcass weight (in hundred 

pound increments) of the barrows and gilts; 

(III) information concerning the lowest net 

price, which shall be equal to the lowest net price 

paid for a single lot or a group of barrows or gilts 

slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of barrows and gilts; 

(IV) information concerning the highest net 

price, which shall be equal to the highest net price 

paid for a single lot or group of barrows or gilts 

slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of barrows and gilts; 

(V) the average carcass weight, which shall be 

equal to the quotient obtained by dividing— 

(aa) the total carcass weight of the barrows and gilts slaughtered at the packing 

plant during the applicable reporting period, 

by 

(bb) the number of the barrows and gilts 

described in item (aa), 

adjusted for special slaughter situations (such as 

skinning or foot removal), as the Secretary determines necessary to render comparable carcass 

weights; 

(VI) the average sort loss, which shall be 

equal to the average discount (in dollars per hundred pounds carcass weight) for barrows and gilts 

slaughtered during the applicable reporting period, resulting from the fact that the barrows and 

gilts did not fall within the individual packer’s established carcass weight or lot variation range; 

(VII) the average backfat, which shall be 

equal to the average of the backfat thickness (in 

inches) measured between the third and fourth 

from the last ribs, 7 centimeters from the carcass 

February 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

split (or adjusted from the individual packer’s 

measurement to that reference point using an adjustment made by the Secretary) of the barrows 

and gilts slaughtered during the applicable reporting period; 

(VIII) the average lean percentage, which 

shall be equal to the average percentage of the 

carcass weight comprised of lean meat for the barrows and gilts slaughtered during the applicable 

reporting period, except that when a packer is required to report the average lean percentage 

under this subclause, the packer shall make available to the Secretary the underlying data, applicable methodology and formulae, and supporting 

materials used to determine the average lean percentage, which the Secretary may convert to the 

carcass measurements or lean percentage of the 

barrows and gilts of the individual packer to correlate to a common percent lean measurement; 

and 

(IX) the total slaughter quantity, which shall 

be equal to the total number of barrows and gilts 

slaughtered during the applicable reporting period, including all types of purchases and barrows 

and gilts that qualify as packer-owned swine; and 

(iii) packer purchase commitments, which shall be 

equal to the number of barrows and gilts scheduled for 

delivery to a packer for slaughter for each of the next 

14 calendar days. 

(D) PUBLICATION.— 

(i) IN GENERAL.—The Secretary shall publish the 

information obtained under this paragraph in a prior 

day report— 

(I) in the case of information regarding barrows and gilts purchased or priced, not later than 

8:00 a.m. Central Time, and 

(II) in the case of information regarding barrows and gilts slaughtered, not later than 10:00 

a.m. Central Time, 

on the reporting day on which the information is received from the packer. 

(ii) PRICE DISTRIBUTIONS.—The information published by the Secretary under clause (i) shall include 

a distribution of net prices in the range between and 

including the lowest net price and the highest net 

price reported. The publication shall include a delineation of the number of barrows and gilts at each reported price level or, at the option of the Secretary, 

the number of barrows and gilts within each of a series of reasonable price bands within the range of 

prices. 

(2) MORNING REPORT.— 

(A) IN GENERAL.—The corporate officers or officially 

designated representatives of each packer processing plant 

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AGRICULTURAL MARKETING ACT OF 1946 

that processes barrows or gilts shall report to the Secretary not later than 10:00 a.m. Central Time each reporting day— 

(i) the packer’s best estimate of the total number 

of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased 

throughout the reporting day through each type of 

purchase; 

(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, 

purchased up to that time of the reporting day 

through each type of purchase; 

(iii) the base price paid for all base market hogs 

purchased up to that time of the reporting day 

through negotiated purchases; and 

(iv) the base price paid for all base market hogs 

purchased through each type of purchase other than 

negotiated purchase up to that time of the reporting 

day, unless such information is unavailable due to 

pricing that is determined on a delayed basis. 

(B) PUBLICATION.—The Secretary shall publish the information obtained under this paragraph in the morning 

report as soon as practicable, but not later than 11:00 a.m. 

Central Time, on each reporting day. 

(3) AFTERNOON REPORT.— 

(A) IN GENERAL.—The corporate officers or officially 

designated representatives of each packer processing plant 

that processes barrows or gilts shall report to the Secretary not later than 2:00 p.m. Central Time each reporting day— 

(i) the packer’s best estimate of the total number 

of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, expected to be purchased 

throughout the reporting day through each type of 

purchase; 

(ii) the total number of barrows and gilts, and barrows and gilts that qualify as packer-owned swine, 

purchased up to that time of the reporting day 

through each type of purchase; 

(iii) the base price paid for all base market hogs 

purchased up to that time of the reporting day 

through negotiated purchases; and 

(iv) the base price paid for all base market hogs 

purchased up to that time of the reporting day 

through each type of purchase other than negotiated 

purchase, unless such information is unavailable due 

to pricing that is determined on a delayed basis. 

(B) PUBLICATION.—The Secretary shall publish the information obtained under this paragraph in the afternoon 

report as soon as practicable, but not later than 3:00 p.m. 

Central Time, on each reporting day. 

(d) DAILY REPORTING; SOWS AND BOARS.— 

(1) PRIOR DAY REPORT.—The corporate officers or officially 

designated representatives of each packer of sows and boars 

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AGRICULTURAL MARKETING ACT OF 1946 

shall report to the Secretary, for each business day of the packer, such information reported by hog class as the Secretary determines necessary and appropriate to— 

(A) comply with the publication requirements of this 

section; and 

(B) provide for the timely access to the information by 

producers, packers, and other market participants. 

(2) REPORTING.—Not later than 9:30 a.m. Central Time, or 

such other time as the Secretary considers appropriate, on 

each reporting day, a packer required to report under paragraph (1) shall report information regarding all sows and boars 

purchased or priced during the prior business day of the packer. 

(3) INFORMATION REQUIRED.—The information from the 

prior business day of a packer required under this subsection 

shall include all purchase data, including— 

(A) the total number of sows purchased and the total 

number of boars purchased, each divided into at least 

three reasonable and meaningful weight classes specified 

by the Secretary; 

(B) the number of sows that qualify as packer-owned 

swine; 

(C) the number of boars that qualify as packer-owned 

swine; 

(D) the average price paid for all sows; 

(E) the average price paid for all boars; 

(F) the average price paid for sows in each weight 

class specified by the Secretary under subparagraph (A); 

(G) the average price paid for boars in each weight 

class specified by the Secretary under subparagraph (A); 

(H) the number of sows and the number of boars for 

which prices are determined, by each type of purchase; 

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

for boars for which prices are determined, by each type of 

purchase; and 

(J) such other information as the Secretary considers 

appropriate to carry out this subsection. 

(4) PRICE CALCULATIONS WITHOUT PACKER-OWNED SWINE.— 

A packer shall omit the prices of sows and boars that qualify 

as packer-owned swine from all average price calculations, 

price range calculations, and reports required by this subsection. 

(5) REPORTING EXCEPTION: PUBLIC AUCTION PURCHASES.— 

The information required to be reported under this subsection 

shall not include purchases of sows or boars made by agents 

of the reporting packer at a public auction at which the title 

of the sows and boars is transferred directly from the producer 

to such packer. 

(6) PUBLICATION.—The Secretary shall publish the information obtained under this paragraph in a prior day report not 

later than 11:00 a.m. Central Time on the reporting day on 

which the information is received from the packer. 

(7) ELECTRONIC SUBMISSION OF INFORMATION.—The Secretary of Agriculture shall provide for the electronic submisFebruary 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

sion of any information required to be reported under this subsection through an Internet website or equivalent electronic 

means maintained by the Department of Agriculture. 

(e) WEEKLY NONCARCASS MERIT PREMIUM REPORT.— 

(1) IN GENERAL.—Not later than 4:00 p.m. Central Time on 

the first reporting day of each week, the corporate officers or 

officially designated representatives of each packer processing 

plant shall report to the Secretary a noncarcass merit premium 

report that lists— 

(A) each category of standard noncarcass merit premiums used by the packer in the prior slaughter week; 

and 

(B) the amount (in dollars per hundred pounds of carcass weight) paid to producers by the packer, by category. 

(2) PREMIUM LIST.—A packer shall maintain and make 

available to a producer, on request, a current listing of the dollar values (per hundred pounds of carcass weight) of each noncarcass merit premium used by the packer during the current 

or the prior slaughter week. 

(3) AVAILABILITY.—A packer shall not be required to pay a 

listed noncarcass merit premium to a producer that meets the 

requirements for the premium if the need for swine in a given 

category is filled at a particular point in time. 

(4) PUBLICATION.—The Secretary shall publish the information obtained under this subsection as soon as practicable, 

but not later than 5:00 p.m. Central Time, on the first reporting day of each week. 

SEC. 233. ø7 U.S.C. 1635k¿ MANDATORY REPORTING OF WHOLESALE 

PORK CUTS. 

(a) REPORTING.—The corporate officers or officially designated 

representatives of each packer shall report to the Secretary information concerning the price and volume of wholesale pork cuts, as 

the Secretary determines is necessary and appropriate. 

(b) PUBLICATION.—The Secretary shall publish information reported under subsection (a) as the Secretary determines necessary 

and appropriate. 

CHAPTER 4—LAMB REPORTING 

SEC. 241. ø7 U.S.C. 1635m¿ MANDATORY REPORTING FOR LAMBS. 

(a) ESTABLISHMENT.—The Secretary may establish a program 

of mandatory lamb price information reporting that will— 

(1) provide timely, accurate, and reliable market information; 

(2) facilitate more informed marketing decisions; and 

(3) promote competition in the lamb slaughtering industry. 

(b) NOTICE AND COMMENT.—If the Secretary establishes a 

mandatory price reporting program under subsection (a), the Secretary shall provide an opportunity for comment on proposed regulations to establish the program during the 30-day period beginning on the date of the publication of the proposed regulations. 

February 7, 2014 
7–31 Sec. 251 

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AGRICULTURAL MARKETING ACT OF 1946 

CHAPTER 5—ADMINISTRATION 

SEC. 251. ø7 U.S.C. 1636¿ GENERAL PROVISIONS. 

(a) CONFIDENTIALITY.—The Secretary shall make available to 

the public information, statistics, and documents obtained from, or 

submitted by, packers, retail entities, and other persons under this 

subtitle in a manner that ensures that confidentiality is preserved 

regarding— 

(1) the identity of persons, including parties to a contract; 

and 

(2) proprietary business information. 

(b) DISCLOSURE BY FEDERAL GOVERNMENT EMPLOYEES.— 

(1) IN GENERAL.—Subject to paragraph (2), no officer, employee, or agent of the United States shall, without the consent 

of the packer or other person concerned, divulge or make 

known in any manner, any facts or information regarding the 

business of the packer or other person that was acquired 

through reporting required under this subtitle. 

(2) EXCEPTIONS.—Information obtained by the Secretary 

under this subtitle may be disclosed— 

(A) to agents or employees of the Department of Agriculture in the course of their official duties under this subtitle; 

(B) as directed by the Secretary or the Attorney General, for enforcement purposes; or 

(C) by a court of competent jurisdiction. 

(3) DISCLOSURE UNDER FREEDOM OF INFORMATION ACT.— 

Notwithstanding any other provision of law, no facts or information obtained under this subtitle shall be disclosed in accordance with section 552 of title 5, United States Code. 

(c) REPORTING BY PACKERS.—A packer shall report all information required under this subtitle on an individual lot basis. 

(d) REGIONAL REPORTING AND AGGREGATION.—The Secretary 

shall make information obtained under this subtitle available to 

the public only in a manner that— 

(1) ensures that the information is published on a national 

and a regional or statewide basis as the Secretary determines 

to be appropriate; 

(2) ensures that the identity of a reporting person is not 

disclosed; and 

(3) conforms to aggregation guidelines established by the 

Secretary. 

(e) ADJUSTMENTS.—Prior to the publication of any information 

required under this subtitle, the Secretary may make reasonable 

adjustments in information reported by packers to reflect price aberrations or other unusual or unique occurrences that the Secretary 

determines would distort the published information to the detriment of producers, packers, or other market participants. 

(f) VERIFICATION.—The Secretary shall take such actions as the 

Secretary considers necessary to verify the accuracy of the information submitted or reported under chapter 2, 3, or 4. 

(g) ELECTRONIC REPORTING AND PUBLISHING.— 

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AGRICULTURAL MARKETING ACT OF 1946 

(1) IN GENERAL.—The Secretary shall, to the maximum extent practicable, provide for the reporting and publishing of the 

information required under this subtitle by electronic means. 

(2) IMPROVEMENTS AND EDUCATION.— 

(A) ENHANCED ELECTRONIC PUBLISHING.—The Secretary shall develop and implement an enhanced system of 

electronic publishing to disseminate information collected 

pursuant to this subtitle. Such system shall— 

(i) present information in a format that can be 

readily understood by producers, packers, and other 

market participants; 

(ii) adhere to the publication deadlines in this subtitle; 

(iii) present information in charts and graphs, as 

appropriate; 

(iv) present comparative information for prior reporting periods, as the Secretary considers appropriate; and 

(v) be updated as soon as practicable after information is reported to the Secretary. 

(B) EDUCATION.—The Secretary shall carry out a market news education program to educate the public and persons in the livestock and meat industries about— 

(i) usage of the system developed under subparagraph (A); and 

(ii) interpreting and understanding information 

collected and disseminated through such system. 

(h) REPORTING OF ACTIVITIES ON WEEKENDS AND HOLIDAYS.— 

(1) IN GENERAL.—Livestock committed to a packer, or purchased, sold, or slaughtered by a packer, on a weekend day or 

holiday shall be reported by the packer to the Secretary (to the 

extent required under this subtitle), and reported by the Secretary, on the immediately following reporting day. 

(2) LIMITATION ON REPORTING BY PACKERS.—A packer shall 

not be required to report actions under paragraph (1) more 

than once on the immediately following reporting day. 

(i) EFFECT ON OTHER LAWS.—Nothing in this subtitle, the Livestock Mandatory Reporting Act of 1999, or amendments made by 

that Act restricts or modifies the authority of the Secretary to— 

(1) administer or enforce the Packers and Stockyards Act, 

1921 (7 U.S.C. 181 et seq.); 

(2) administer, enforce, or collect voluntary reports under 

this title or any other law; or 

(3) access documentary evidence as provided under sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 

49, 50). 

SEC. 252. ø7 U.S.C. 1636a¿ UNLAWFUL ACTS. 

It shall be unlawful and a violation of this subtitle for any 

packer or other person subject to this subtitle (in the submission 

of information required under chapter 2, 3, or 4, as determined by 

the Secretary) to willfully— 

February 7, 2014 
7–33 Sec. 253 

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(1) fail or refuse to provide, or delay the timely reporting 

of, accurate information to the Secretary (including estimated 

information); 

(2) solicit or request that a packer, the buyer or seller of 

livestock or livestock products, or any other person fail to provide, as a condition of any transaction, accurate or timely information required under this subtitle; 

(3) fail or refuse to comply with this subtitle; or 

(4) report estimated information in any report required 

under this subtitle in a manner that demonstrates a pattern 

of significant variance in accuracy when compared to the actual information that is reported for the same reporting period, 

or as determined by any audit, oversight, or other verification 

procedures of the Secretary. 

SEC. 253. ø7 U.S.C. 1636b¿ ENFORCEMENT. 

(a) CIVIL PENALTY.— 

(1) IN GENERAL.—Any packer or other person that violates 

this subtitle may be assessed a civil penalty by the Secretary 

of not more than $10,000 for each violation. 

(2) CONTINUING VIOLATION.—Each day during which a violation continues shall be considered to be a separate violation. 

(3) FACTORS.—In determining the amount of a civil penalty 

to be assessed under paragraph (1), the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the ability of the person 

that has committed the violation to continue in business. 

(4) MULTIPLE VIOLATIONS.—In determining whether to assess a civil penalty under paragraph (1), the Secretary shall 

consider whether a packer or other person subject to this subtitle has engaged in a pattern of errors, delays, or omissions 

in violation of this subtitle. 

(b) CEASE AND DESIST.—In addition to, or in lieu of, a civil penalty under subsection (a), the Secretary may issue an order to cease 

and desist from continuing any violation. 

(c) NOTICE AND HEARING.—No penalty shall be assessed, or 

cease and desist order issued, by the Secretary under this section 

unless the person against which the penalty is assessed or to which 

the order is issued is given notice and opportunity for a hearing before the Secretary with respect to the violation. 

(d) FINALITY AND JUDICIAL REVIEW.— 

(1) IN GENERAL.—The order of the Secretary assessing a 

civil penalty or issuing a cease and desist order under this section shall be final and conclusive unless the affected person 

files an appeal of the order of the Secretary in United States 

district court not later than 30 days after the date of the 

issuance of the order. 

(2) STANDARD OF REVIEW.—A finding of the Secretary 

under this section shall be set aside only if the finding is found 

to be unsupported by substantial evidence. 

(e) ENFORCEMENT.— (1) IN GENERAL.—If, after the lapse of the period allowed 

for appeal or after the affirmance of a penalty assessed under 

this section, the person against which the civil penalty is asFebruary 7, 2014 
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AGRICULTURAL MARKETING ACT OF 1946 

sessed fails to pay the penalty, the Secretary may refer the 

matter to the Attorney General who may recover the penalty 

by an action in United States district court. 

(2) FINALITY.—In the action, the final order of the Secretary shall not be subject to review. 

(f) INJUNCTION OR RESTRAINING ORDER.— 

(1) IN GENERAL.—If the Secretary has reason to believe 

that any person subject to this subtitle has failed or refused to 

provide the Secretary information required to be reported pursuant to this subtitle, and that it would be in the public interest to enjoin the person from further failure to comply with the 

reporting requirements, the Secretary may notify the Attorney 

General of the failure. 

(2) ATTORNEY GENERAL.—The Attorney General may apply 

to the appropriate district court of the United States for a temporary or permanent injunction or restraining order. 

(3) COURT.—When needed to carry out this subtitle, the 

court shall, on a proper showing, issue a temporary injunction 

or restraining order without bond. 

(g) FAILURE TO OBEY ORDERS.— 

(1) IN GENERAL.—If a person subject to this subtitle fails 

to obey a cease and desist or civil penalty order issued under 

this subsection after the order has become final and 

unappealable, or after the appropriate United States district 

court has entered a final judgment in favor of the Secretary, 

the United States may apply to the appropriate district court 

for enforcement of the order. 

(2) ENFORCEMENT.—If the court determines that the order 

was lawfully made and duly served and that the person violated the order, the court shall enforce the order. 

(3) CIVIL PENALTY.—If the court finds that the person violated the cease and desist provisions of the order, the person 

shall be subject to a civil penalty of not more than $10,000 for 

each offense. 

SEC. 254. ø7 U.S.C. 1636c¿ FEES. 

The Secretary shall not charge or assess a user fee, transaction 

fee, service charge, assessment, reimbursement, or any other fee 

for the submission or reporting of information, for the receipt or 

availability of, or access to, published reports or information, or for 

any other activity required under this subtitle. 

SEC. 255. ø7 U.S.C. 1636d¿ RECORDKEEPING. 

(a) IN GENERAL.—Subject to subsection (b), each packer required to report information to the Secretary under this subtitle 

shall maintain, and make available to the Secretary on request, for 

2 years— 

(1) the original contracts, agreements, receipts and other 

records associated with any transaction relating to the purchase, sale, pricing, transportation, delivery, weighing, slaughter, or carcass characteristics of all livestock; and 

(2) such records or other information as is necessary or appropriate to verify the accuracy of the information required to 

be reported under this subtitle. 

February 7, 2014 
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(b) LIMITATIONS.—Under subsection (a)(2), the Secretary may 

not require a packer to provide new or additional information if— 

(1) the information is not generally available or maintained by packers; or 

(2) the provision of the information would be unduly burdensome. 

(c) PURCHASES OF CATTLE OR SWINE.—A record of a purchase 

of a lot of cattle or a lot of swine by a packer shall evidence whether the purchase occurred— 

(1) before 10:00 a.m. Central Time; 

(2) between 10:00 a.m. and 2:00 p.m. Central Time; or 

(3) after 2:00 p.m. Central Time. 

SEC. 256. ø7 U.S.C. 1636e¿ VOLUNTARY REPORTING. 

The Secretary shall encourage voluntary reporting by packers 

(as defined in section 201 of the Packers and Stockyards Act, 1921 

(7 U.S.C. 191)) to which the mandatory reporting requirements of 

this subtitle do not apply. 

SEC. 257. ø7 U.S.C. 1636f¿ PUBLICATION OF INFORMATION ON RETAIL 

PURCHASE PRICES FOR REPRESENTATIVE MEAT PRODUCTS. 

(a) IN GENERAL.—Beginning not later than 90 days after the 

date of the enactment of this subtitle, the Secretary shall compile 

and publish at least monthly (weekly, if practicable) information on 

retail prices for representative food products made from beef, pork, 

chicken, turkey, veal, or lamb. 

(b) INFORMATION.—The report published by the Secretary 

under subsection (a) shall include— 

(1) information on retail prices for each representative food 

product described in subsection (a); and 

(2) information on total sales quantity (in pounds and dollars) for each representative food product. 

(c) MEAT PRICE SPREADS REPORT.—During the period ending 2 

years after the initial publication of the report required under subsection (a), the Secretary shall continue to publish the Meat Price 

Spreads Report in the same manner as the Report was published 

before the date of the enactment of this subtitle. 

(d) INFORMATION COLLECTION.— 

(1) IN GENERAL.—To ensure the accuracy of the reports required under subsection (a), the Secretary shall obtain the information for the reports from one or more sources including— 

(A) a consistently representative set of retail transactions; and 

(B) both prices and sales quantities for the transactions. 

(2) SOURCE OF INFORMATION.—The Secretary may— 

(A) obtain the information from retailers or commercial information sources; and 

(B) use valid statistical sampling procedures, if necessary. 

(3) ADJUSTMENTS.—In providing information on retail 

prices under this section, the Secretary may make adjustments 

to take into account differences in— 

(A) the geographic location of consumption; 

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AGRICULTURAL MARKETING ACT OF 1946 

(B) the location of the principal source of supply; 

(C) distribution costs; and 

(D) such other factors as the Secretary determines reflect a verifiable comparative retail price for a representative food product. 

(e) ADMINISTRATION.—The Secretary— 

(1) shall collect information under this section only on a 

voluntary basis; and 

(2) shall not impose a penalty on a person for failure to 

provide the information or otherwise compel a person to provide the information. 

SEC. 258. ø7 U.S.C. 1636g¿ SUSPENSION AUTHORITY REGARDING SPECIFIC TERMS OF PRICE REPORTING REQUIREMENTS. 

(a) IN GENERAL.—The Secretary may suspend any requirement 

of this subtitle if the Secretary determines that application of the 

requirement is inconsistent with the purposes of this subtitle. 

(b) SUSPENSION PROCEDURE.— 

(1) PERIOD.—A suspension under subsection (a) shall be for 

a period of not more than 240 days. 

(2) ACTION BY CONGRESS.—If an Act of Congress concerning the requirement that is the subject of the suspension 

under subsection (a) is not enacted by the end of the period of 

the suspension established under paragraph (1), the Secretary 

shall implement the requirement. 

SEC. 259. ø7 U.S.C. 1636h¿ FEDERAL PREEMPTION. 

In order to achieve the goals, purposes, and objectives of this 

title on a nationwide basis and to avoid potentially conflicting State 

laws that could impede the goals, purposes, or objectives of this 

title, no State or political subdivision of a State may impose a requirement that is in addition to, or inconsistent with, any requirement of this subtitle with respect to the submission or reporting of 

information, or the publication of such information, on the prices 

and quantities of livestock or livestock products. 

SEC. 260. ø7 U.S.C. 1636i¿ TERMINATION OF AUTHORITY. 

The authority provided by this subtitle terminates on September 30, 2015. 

Subtitle C—Dairy Product Mandatory 

Reporting 

SEC. 271. ø7 U.S.C. 1637¿ PURPOSE. 

The purpose of this subtitle is to establish a program of information regarding the marketing of dairy products that— 

(1) provides information that can be readily understood by 

producers and other market participants, including information 

with respect to prices, quantities sold, and inventories of dairy 

products; 

(2) improves the price and supply reporting services of the 

Department of Agriculture; and 

(3) encourages competition in the marketplace for dairy 

products. 

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AGRICULTURAL MARKETING ACT OF 1946 

SEC. 272. ø7 U.S.C. 1637a¿ DEFINITIONS. 

In this subtitle: 

(1) DAIRY PRODUCTS.—The term ‘‘dairy products’’ means— 

(A) manufactured dairy products that are used by the 

Secretary to establish minimum prices for Class III and 

Class IV milk under a Federal milk marketing order 

issued under section 8c of the Agricultural Adjustment Act 

(7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937; and 

(B) substantially identical products designated by the 

Secretary. 

(2) MANUFACTURER.—The term ‘‘manufacturer’’ means any 

person engaged in the business of buying milk in commerce for 

the purpose of manufacturing dairy products. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. 

SEC. 273. ø7 U.S.C. 1637b¿ MANDATORY REPORTING FOR DAIRY PRODUCTS. 

(a) ESTABLISHMENT.—The Secretary shall establish a program 

of mandatory dairy product information reporting that will— 

(1) provide timely, accurate, and reliable market information; 

(2) facilitate more informed marketing decisions; and 

(3) promote competition in the dairy product manufacturing industry. 

(b) REQUIREMENTS.— (1) IN GENERAL.—In establishing the program, the Secretary shall only— 

(A)(i) subject to the conditions described in paragraph 

(2), require each manufacturer to report to the Secretary 

information concerning the price, quantity, and moisture 

content of dairy products sold by the manufacturer; and 

(ii) modify the format used to provide the information 

on the day before the date of enactment of this subtitle to 

ensure that the information can be readily understood by 

market participants; and 

(B) require each manufacturer and other person storing dairy products to report to the Secretary, at a periodic 

interval determined by the Secretary, information on the 

quantity of dairy products stored. 

(2) CONDITIONS.—The conditions referred to in paragraph 

(1)(A)(i) are that— 

(A) the information referred to in paragraph (1)(A)(i) 

is required only with respect to those package sizes actually used to establish minimum prices for Class III or 

Class IV milk under a Federal milk marketing order; 

(B) the information referred to in paragraph (1)(A)(i) 

is required only to the extent that the information is actually used to establish minimum prices for Class III or 

Class IV milk under a Federal milk marketing order; 

(C) the frequency of the required reporting under 

paragraph (1)(A)(i) does not exceed the frequency used to 

establish minimum prices for Class III or Class IV milk 

under a Federal milk marketing order; and 

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(D) the Secretary may exempt from all reporting requirements any manufacturer that processes and markets 

less than 1,000,000 pounds of dairy products per year. 

(c) ADMINISTRATION.— (1) IN GENERAL.—The Secretary shall promulgate such regulations as are necessary to ensure compliance with, and otherwise carry out, this subtitle. 

(2) CONFIDENTIALITY.— (A) IN GENERAL.—Except as otherwise directed by the 

Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States 

shall make available to the public information, statistics, 

or documents obtained from or submitted by any person 

under this subtitle other than in a manner that ensures 

that confidentiality is preserved regarding the identity of 

persons, including parties to a contract, and proprietary 

business information. 

(B) RELATION TO OTHER REQUIREMENTS.—Notwithstanding any other provision of law, no facts or information obtained under this subtitle shall be disclosed in accordance with section 552 of title 5, United States Code. 

(3) VERIFICATION.— (A) IN GENERAL.—The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported under this 

subtitle. 

(B) QUARTERLY AUDITS.—The Secretary shall quarterly 

conduct an audit of information submitted or reported 

under this subtitle and compare such information with 

other related dairy market statistics. 

(4) ENFORCEMENT.— 

(A) UNLAWFUL ACT.—It shall be unlawful and a violation of this subtitle for any person subject to this subtitle 

to willfully fail or refuse to provide, or delay the timely reporting of, accurate information to the Secretary in accordance with this subtitle. 

(B) ORDER.—After providing notice and an opportunity 

for a hearing to affected persons, the Secretary may issue 

an order against any person to cease and desist from continuing any violation of this subtitle. 

(C) APPEAL.— 

(i) IN GENERAL.—The order of the Secretary under 

subparagraph (B) shall be final and conclusive unless 

an affected person files an appeal of the order of the 

Secretary in United States district court not later than 

30 days after the date of the issuance of the order. 

(ii) FINDINGS.—A finding of the Secretary under 

this paragraph shall be set aside only if the finding is 

found to be unsupported by substantial evidence. 

(D) NONCOMPLIANCE WITH ORDER.— 

(i) IN GENERAL.—If a person subject to this subtitle fails to obey an order issued under this paragraph 

after the order has become final and unappealable, or 

after the appropriate United States district court has 

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AGRICULTURAL MARKETING ACT OF 1946 

entered a final judgment in favor of the Secretary, the 

United States may apply to the appropriate United 

States district court for enforcement of the order. 

(ii) ENFORCEMENT.—If the court determines that 

the order was lawfully made and duly served and that 

the person violated the order, the court shall enforce 

the order. 

(iii) CIVIL PENALTY.—If the court finds that the 

person violated the order, the person shall be subject 

to a civil penalty of not more than $10,000 for each offense. 

(5) FEES.—The Secretary shall not charge or assess a user 

fee, transaction fee, service charge, assessment, reimbursement 

fee, or any other fee under this subtitle for— 

(A) the submission or reporting of information; 

(B) the receipt or availability of, or access to, published reports or information; or 

(C) any other activity required under this subtitle. 

(6) RECORDKEEPING.—Each person required to report information to the Secretary under this subtitle shall maintain, and 

make available to the Secretary, on request, original contracts, 

agreements, receipts, and other records associated with the 

sale or storage of any dairy products during the 2-year period 

beginning on the date of the creation of the records. 

(d) ELECTRONIC REPORTING.— 

(1) ELECTRONIC REPORTING SYSTEM REQUIRED.—The Secretary shall establish an electronic reporting system to carry 

out this section. 

(2) PUBLICATION.—Not later than 3:00 p.m. Eastern Time 

on the Wednesday of each week, the Secretary shall publish a 

report containing the information obtained under this section 

for the preceding week. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section. 

Subtitle D—Country of Origin Labeling 

SEC. 281. ø7 U.S.C. 1638¿ DEFINITIONS. 

In this subtitle: 

(1) BEEF.—The term ‘‘beef’’ means meat produced from cattle (including veal). 

(2) COVERED COMMODITY.— 

(A) IN GENERAL.—The term ‘‘covered commodity’’ 

means— 

(i) muscle cuts of beef, lamb, pork, and venison; 

(ii) ground beef, ground lamb, ground pork, and 

ground venison; 

(iii) farm-raised fish; 

(iv) wild fish; 

(v) a perishable agricultural commodity; 

(vi) peanuts; and 

(vii) meat produced from goats; 

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AGRICULTURAL MARKETING ACT OF 1946 

(viii) chicken, in whole and in part; 

(ix) ginseng; 

(x) pecans; and 

(xi) macadamia nuts. 

(B) EXCLUSIONS.—The term ‘‘covered commodity’’ does 

not include an item described in subparagraph (A) if the 

item is an ingredient in a processed food item. 

(3) FARM-RAISED FISH.—The term ‘‘farm-raised fish’’ includes— 

(A) farm-raised shellfish; and 

(B) fillets, steaks, nuggets, and any other flesh from a 

farm-raised fish or shellfish. 

(4) FOOD SERVICE ESTABLISHMENT.—The term ‘‘food service 

establishment’’ means a restaurant, cafeteria, lunch room, food 

stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food 

to the public. 

(5) LAMB.—The term ‘‘lamb’’ means meat, other than mutton, produced from sheep. 

(6) PERISHABLE AGRICULTURAL COMMODITY; RETAILER.— 

The terms ‘‘perishable agricultural commodity’’ and ‘‘retailer’’ 

have the meanings given the terms in section 1(b) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 

499a(b)). 

(7) PORK.—The term ‘‘pork’’ means meat produced from 

hogs. 

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Agricultural Marketing Service. 

(9) WILD FISH.— 

(A) IN GENERAL.—The term ‘‘wild fish’’ means naturally-born or hatchery-raised fish and shellfish harvested 

in the wild. 

(B) INCLUSIONS.—The term ‘‘wild fish’’ includes a fillet, 

steak, nugget, and any other flesh from wild fish or shellfish. 

(C) EXCLUSIONS.—The term ‘‘wild fish’’ excludes netpen aquacultural or other farm-raised fish. 

SEC. 282. ø7 U.S.C. 1638a¿ NOTICE OF COUNTRY OF ORIGIN. 

(a) IN GENERAL.— 

(1) REQUIREMENT.—Except as provided in subsection (b), a 

retailer of a covered commodity shall inform consumers, at the 

final point of sale of the covered commodity to consumers, of 

the country of origin of the covered commodity. 

(2) DESIGNATION OF COUNTRY OF ORIGIN FOR BEEF, LAMB, 

PORK, CHICKEN, GOAT, AND VENISON MEAT.— 

(A) UNITED STATES COUNTRY OF ORIGIN.—A retailer of 

a covered commodity that is beef, lamb, pork, chicken, 

goat, or venison meat may designate the covered commodity as exclusively having a United States country of origin only if the covered commodity is derived from an animal that was— 

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AGRICULTURAL MARKETING ACT OF 1946 

(i) exclusively born, raised, and slaughtered in the 

United States; 

(ii) born and raised in Alaska or Hawaii and 

transported for a period of not more than 60 days 

through Canada to the United States and slaughtered 

in the United States; or 

(iii) present in the United States on or before July 

15, 2008, and once present in the United States, remained continuously in the United States. 

(B) MULTIPLE COUNTRIES OF ORIGIN.— 

(i) IN GENERAL.—A retailer of a covered commodity that is beef, lamb, pork, chicken, goat, or venison meat that is derived from an animal that is— 

(I) not exclusively born, raised, and slaughtered in the United States, 

(II) born, raised, or slaughtered in the United 

States, and 

(III) not imported into the United States for 

immediate slaughter, 

may designate the country of origin of such covered 

commodity as all of the countries in which the animal 

may have been born, raised, or slaughtered. 

(ii) RELATION TO GENERAL REQUIREMENT.—Nothing in this subparagraph alters the mandatory requirement to inform consumers of the country of origin 

of covered commodities under paragraph (1). 

(C) IMPORTED FOR IMMEDIATE SLAUGHTER.—A retailer 

of a covered commodity that is beef, lamb, pork, chicken, 

goat, or venison meat that is derived from an animal that 

is imported into the United States for immediate slaughter 

shall designate the origin of such covered commodity as— 

(i) the country from which the animal was imported; and 

(ii) the United States. 

(D) FOREIGN COUNTRY OF ORIGIN.—A retailer of a covered commodity that is beef, lamb, pork, chicken, goat, or 

venison meat that is derived from an animal that is not 

born, raised, or slaughtered in the United States shall designate a country other than the United States as the country of origin of such commodity. 

(E) GROUND BEEF, PORK, LAMB, CHICKEN, GOAT, AND

VENISON.—The notice of country of origin for ground beef, 

ground pork, ground lamb, ground chicken, ground goat, or 

ground venison shall include— 

(i) a list of all countries of origin of such ground 

beef, ground pork, ground lamb, ground chicken, 

ground goat, or ground venison; or 

(ii) a list of all reasonably possible countries of origin of such ground beef, ground pork, ground lamb, 

ground chicken, ground goat, or ground venison. 

(3) DESIGNATION OF COUNTRY OF ORIGIN FOR FISH.— 

(A) IN GENERAL.—A retailer of a covered commodity 

that is farm-raised fish or wild fish may designate the covFebruary 7, 2014 
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ered commodity as having a United States country of origin only if the covered commodity— 

(i) in the case of farm-raised fish, is hatched, 

raised, harvested, and processed in the United States; 

and 

(ii) in the case of wild fish, is— 

(I) harvested in the United States, a territory 

of the United States, or a State, or by a vessel 

that is documented under chapter 121 of title 46, 

United States Code, or registered in the United 

States; and 

(II) processed in the United States, a territory 

of the United States, or a State, including the 

waters thereof, or aboard a vessel that is documented under chapter 121 of title 46, United 

States Code, or registered in the United States. 

(B) DESIGNATION OF WILD FISH AND FARM-RAISED

FISH.—The notice of country of origin for wild fish and 

farm-raised fish shall distinguish between wild fish and 

farm-raised fish. 

(4) DESIGNATION OF COUNTRY OF ORIGIN FOR PERISHABLE

AGRICULTURAL COMMODITIES, GINSENG, PEANUTS, PECANS, AND

MACADAMIA NUTS.— (A) IN GENERAL.—A retailer of a covered commodity 

that is a perishable agricultural commodity, ginseng, peanut, pecan, or macadamia nut may designate the covered 

commodity as having a United States country of origin 

only if the covered commodity is exclusively produced in 

the United States. 

(B) STATE, REGION, LOCALITY OF THE UNITED STATES.— 

With respect to a covered commodity that is a perishable 

agricultural commodity, ginseng, peanut, pecan, or macadamia nut produced exclusively in the United States, designation by a retailer of the State, region, or locality of the 

United States where such commodity was produced shall 

be sufficient to identify the United States as the country 

of origin. 

(b) EXEMPTION FOR FOOD SERVICE ESTABLISHMENTS.—Subsection (a) shall not apply to a covered commodity if the covered 

commodity is— 

(1) prepared or served in a food service establishment; and 

(2)(A) offered for sale or sold at the food service establishment in normal retail quantities; or 

(B) served to consumers at the food service establishment. 

(c) METHOD OF NOTIFICATION.— 

(1) IN GENERAL.—The information required by subsection 

(a) may be provided to consumers by means of a label, stamp, 

mark, placard, or other clear and visible sign on the covered 

commodity or on the package, display, holding unit, or bin containing the commodity at the final point of sale to consumers. 

(2) LABELED COMMODITIES.—If the covered commodity is 

already individually labeled for retail sale regarding country of 

origin, the retailer shall not be required to provide any additional information to comply with this section. 

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(d) AUDIT VERIFICATION SYSTEM.— 

(1) IN GENERAL.—The Secretary may conduct an audit of 

any person that prepares, stores, handles, or distributes a covered commodity for retail sale to verify compliance with this 

subtitle (including the regulations promulgated under section 

284(b)). 

(2) RECORD REQUIREMENTS.— 

(A) IN GENERAL.—A person subject to an audit under 

paragraph (1) shall provide the Secretary with verification 

of the country of origin of covered commodities. Records 

maintained in the course of the normal conduct of the 

business of such person, including animal health papers, 

import or customs documents, or producer affidavits, may 

serve as such verification. 

(B) PROHIBITION ON REQUIREMENT OF ADDITIONAL

RECORDS.—The Secretary may not require a person that 

prepares, stores, handles, or distributes a covered commodity to maintain a record of the country of origin of a 

covered commodity other than those maintained in the 

course of the normal conduct of the business of such person. 

(e) INFORMATION.—Any person engaged in the business of supplying a covered commodity to a retailer shall provide information 

to the retailer indicating the country of origin of the covered commodity. 

(f) CERTIFICATION OF ORIGIN.— 

(1) MANDATORY IDENTIFICATION.—The Secretary shall not 

use a mandatory identification system to verify the country of 

origin of a covered commodity. 

(2) EXISTING CERTIFICATION PROGRAMS.—To certify the 

country of origin of a covered commodity, the Secretary may 

use as a model certification programs in existence on the date 

of enactment of this Act, including— 

(A) the carcass grading and certification system carried out under this Act; 

(B) the voluntary country of origin beef labeling system carried out under this Act; 

(C) voluntary programs established to certify certain 

premium beef cuts; 

(D) the origin verification system established to carry 

out the child and adult care food program established 

under section 17 of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1766); or 

(E) the origin verification system established to carry 

out the market access program under section 203 of the 

Agricultural Trade Act of 1978 (7 U.S.C. 5623). 

SEC. 283. ø7 U.S.C. 1638b¿ ENFORCEMENT. 

(a) WARNINGS.—If the Secretary determines that a retailer or 

person engaged in the business of supplying a covered commodity 

to a retailer is in violation of section 282, the Secretary shall— 

(1) notify the retailer of the determination of the Secretary; and 

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(2) provide the retailer a 30-day period, beginning on the 

date on which the retailer receives the notice under paragraph 

(1) from the Secretary, during which the retailer may take necessary steps to comply with section 282. 

(b) FINES.—If, on completion of the 30-day period described in 

subsection (a)(2), the Secretary determines that the retailer or person engaged in the business of supplying a covered commodity to 

a retailer has— 

(1) not made a good faith effort to comply with section 282, 

and 

(2) continues to willfully violate section 282 with respect to 

the violation about which the retailer or person received notification under subsection (a)(1), 

after providing notice and an opportunity for a hearing before the 

Secretary with respect to the violation, the Secretary may fine the 

retailer or person in an amount of not more than $1,000 for each 

violation. 

SEC. 284. ø7 U.S.C. 1638c¿ REGULATIONS. 

(a) GUIDELINES.—Not later than September 30, 2002, the Secretary shall issue guidelines for the voluntary country of origin labeling of covered commodities based on the requirements of section 

282. 

(b) REGULATIONS.—Not later than September 30, 2004, the 

Secretary shall promulgate such regulations as are necessary to 

implement this subtitle. 

(c) PARTNERSHIPS WITH STATES.—In promulgating the regulations, the Secretary shall, to the maximum extent practicable, 

enter into partnerships with States with enforcement infrastructure to assist in the administration of this subtitle. 

SEC. 285. ø7 U.S.C. 1638d¿ APPLICABILITY. 

This subtitle shall apply to the retail sale of a covered commodity beginning September 30, 2008, except for ‘‘farm-raised fish’’ 

and ‘‘wild fish’’ which shall be September 30, 2004. 

February 7, 2014