II 

117TH CONGRESS 

1ST SESSION S. 2332 

To place a moratorium on large concentrated animal feeding operations, 

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

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2021 

Mr. BOOKER (for himself, Ms. WARREN, and Mr. SANDERS) introduced the 

following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To place a moratorium on large concentrated animal feeding 

operations, to strengthen the Packers and Stockyards 

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

pork, and dairy products, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Farm System Reform Act of 2021’’. 

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

7 this Act is as follows: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 2332 IS

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—ANIMAL FEEDING OPERATIONS 

Sec. 101. Definitions. 

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

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

Sec. 104. Integrator responsibilities and liabilities. 

TITLE II—AMENDMENTS TO PACKERS AND STOCKYARDS ACT, 

1921 

Sec. 201. Definitions. 

Sec. 202. Unlawful practices. 

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

Sec. 204. Investigation of live poultry dealers. 

Sec. 205. Award of attorney fees. 

Sec. 206. Technical amendments. 

TITLE III—LABELING OF MEAT AND DAIRY PRODUCTS 

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

pork; inclusion of dairy products. 

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

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Agriculture. 

4 TITLE I—ANIMAL FEEDING 

5 OPERATIONS 

6 SEC. 101. DEFINITIONS. 

7 In this title: 

8 (1) AGRONOMIC REQUIREMENT.— 

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

10 requirement’’ means the quantity of nutrient 

11 necessary to achieve a reasonable yield goal for 

12 a crop, as determined based on land grant uni13 versity fertility rates, soil testing for available 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 2332 IS

1 nutrients, manure analysis, and other planned 

2 nutrient applications. 

3 (B) EXCLUSIONS.—Planned nutrient appli4 cations under subparagraph (A) do not include 

5 nutrient indices, risk indices, or other methods 

6 that allow land application of manure in excess 

7 of crop need. 

8 (2) ANIMAL FEEDING OPERATION; AFO.— 

9 (A) IN GENERAL.—The term ‘‘animal feed10 ing operation’’ or ‘‘AFO’’ means a lot or facility 

11 at which— 

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

13 in any 12-month period, animals (other 

14 than aquatic animals) are— 

15 (I) stabled or confined; and 

16 (II) fed or maintained; and 

17 (ii) crops, vegetation, forage growth, 

18 or postharvest residues are not sustained 

19 in the normal growing season over any por20 tion of the lot or facility. 

21 (B) AGGREGATION.—Two or more lots or 

22 facilities described in subparagraph (A) shall 

23 constitute a single animal feeding operation if 

24 the lots or facilities— 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 2332 IS

1 (i) are located within 3 miles of each 

2 other; and 

3 (ii) are under common ownership or 

4 control. 

5 (C) EXCLUSION.—The term ‘‘animal feed6 ing operation’’ or ‘‘AFO’’ does not include a 

7 stockyard (as that term is defined in section 

8 302(a) of the Packers and Stockyards Act, 

9 1921 (7 U.S.C. 202(a))). 

10 (3) LARGE CONCENTRATED ANIMAL FEEDING

11 OPERATION; LARGE CAFO.—The term ‘‘large con12 centrated animal feeding operation’’ or ‘‘large 

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

14 less than— 

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

16 (B) 1,000 veal calves; 

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

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

19 cows or veal calves; 

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

21 than 55 pounds; 

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

23 than 55 pounds; 

24 (F) 500 horses; 

25 (G) 10,000 sheep or lambs; 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 2332 IS

1 (H) 55,000 turkeys; 

2 (I) in the case of an AFO that uses a liq3 uid manure handling system— 

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

5 (ii) 5,000 ducks; or 

6 (J) in the case of an AFO that uses a sys7 tem other than a liquid manure handling sys8 tem— 

9 (i) 125,000 chickens (other than lay10 ing hens); 

11 (ii) 82,000 laying hens; or 

12 (iii) 30,000 ducks. 

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

14 grower’’ means an owner of an AFO that raises live15 stock or poultry pursuant to a written contract, 

16 marketing arrangement, or other arrangement with 

17 an integrator. 

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

19 means an individual or entity that contracts with a 

20 contract grower under a growout contract, mar21 keting arrangement, or other arrangement under 

22 which the contract grower raises and cares for live23 stock or poultry at an AFO in accordance with the 

24 instructions of the integrator for the purpose of 

25 slaughtering the livestock or poultry or selling the 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 2332 IS

1 livestock or poultry for slaughter, if the livestock or 

2 poultry is sold or shipped in commerce (as described 

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

4 1921 (7 U.S.C. 183)). 

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

6 (A) the fecal and urinary excretions of live7 stock and poultry; and 

8 (B) litter, bedding, compost and raw mate9 rials, process wastewater, and other materials 

10 commingled with the excretions described in 

11 subparagraph (A) or set aside for disposal after 

12 such commingling. 

13 SEC. 102. MORATORIUM ON LARGE CONCENTRATED ANI14 MAL FEEDING OPERATIONS. 

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

16 or expand operations on or after the date of enactment 

17 of this Act. 

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

19 may continue to operate as a large CAFO after January 

20 1, 2040. 

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

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

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

24 statutory civil penalty or monetary damages assessed pur25 suant to any State common law judgment. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 2332 IS

1 SEC. 103. VOLUNTARY DEBT FORGIVENESS AND TRANSI2 TION ASSISTANCE PROGRAM FOR ANIMAL 

3 FEEDING OPERATIONS. 

4 (a) DEFINITION OF ELIGIBLE ENTITY.— 

5 (1) IN GENERAL.—In this section, the term ‘‘el6 igible entity’’ means an owner of an AFO. 

7 (2) EXCLUSION.—In this section, the term ‘‘eli8 gible entity’’ does not include an owner of an AFO 

9 that is an integrator. 

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

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

12 out a program to provide grants to eligible entities to per13 manently transition from operating an AFO to carrying 

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

15 located. 

16 (c) PAYMENTS.—Under the program established 

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

18 to eligible entities— 

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

20 debt of the eligible entity that was incurred to con21 struct and operate the AFO; and 

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

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

24 for alternative agriculture activities, such as raising 

25 pasture-based livestock, growing specialty crops, or 

26 organic commodity production. 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 2332 IS

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

2 grant under this section, an eligible entity shall provide 

3 to the Secretary a working lands easement on the property 

4 on which the AFO is located that prohibits— 

5 (1) the operation of the AFO and any associ6 ated waste management system on the easement 

7 area; and 

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

9 field or land application of manure at rates exceed10 ing crop agronomic requirements for nitrogen and 

11 phosphorus. 

12 (e) FUNDING.— 

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

14 the date of enactment of this Act, and on each Octo15 ber 1 thereafter, out of any funds in the Treasury 

16 not otherwise appropriated, the Secretary of the 

17 Treasury shall transfer to the Secretary to carry out 

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

19 until expended. 

20 (2) RECEIPT AND ACCEPTANCE.—The Sec21 retary shall be entitled to receive, shall accept, and 

22 shall use to carry out this section the funds trans23 ferred under paragraph (1), without further appro24 priation. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 2332 IS

1 SEC. 104. INTEGRATOR RESPONSIBILITIES AND LIABIL2 ITIES. 

3 (a) RESPONSIBILITIES AND LIABILITIES.— 

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

5 substantial operational control of an AFO, as de6 scribed in subsection (b), shall be responsible and 

7 liable for, with respect to the operation of the 

8 AFO— 

9 (A) the disposal of dead animals; 

10 (B) the disposal of manure, excrement, 

11 and other waste; 

12 (C) the discharge or release of any air pol13 lutant, including greenhouse gases, from any 

14 source located on or activity occurring at the 

15 AFO, including enteric processes, manure, and 

16 animal feed; 

17 (D) the discharge of any pollutant to 

18 groundwater or any surface water body, includ19 ing the production area, manure storage, ma20 nure land application area (crop field), tile 

21 drain, and agricultural stormwater runoff of the 

22 AFO; 

23 (E) any harm suffered by the contract 

24 grower of the AFO or a third party from any 

25 activity described in subparagraphs (A) through 

26 (D), or from any other on-property or off-propVerDate Sep 11 2014 05:10 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2332.IS S2332

kjohnson on DSK79L0C42PROD with BILLS
10 

•S 2332 IS

1 erty contamination, including following an ex2 treme weather event; and 

3 (F) any adverse health impacts, property 

4 value diminution, and loss of use and enjoyment 

5 of property suffered by neighboring residents of 

6 the AFO due to the operation of the AFO. 

7 (2) DUTIES NOT TRANSFERABLE.—The respon8 sibilities and liabilities of an integrator under this 

9 subsection shall be nondelegable and nontransferable 

10 to any third party, including any contract grower. 

11 (b) SUBSTANTIAL OPERATIONAL CONTROL.—An in12 tegrator exercises substantial operational control of an 

13 AFO if the integrator— 

14 (1) holds an ownership interest in the livestock 

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

16 (2) through a growout contract, marketing ar17 rangement, or other arrangement, or through direct 

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

19 at the AFO, controls— 

20 (A) the activity of persons working at the 

21 AFO; 

22 (B) the operation, management, or waste 

23 management practices of the AFO; or 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 2332 IS

1 (C) the manner in which livestock or poul2 try at the AFO are grown, fed, watered, venti3 lated, heated, cooled, or medicated; 

4 (3) supplies feed, pharmaceuticals, or other in5 puts to the AFO; or 

6 (4) requires a capital investment from the con7 tract grower of the AFO for erecting or expanding 

8 facilities at the AFO. 

9 (c) CIVIL ACTIONS.— 

10 (1) IN GENERAL.—Any person may— 

11 (A) bring a civil action against an inte12 grator in an appropriate court to redress any 

13 violation of this section or any other law relat14 ing to the activities described in this section; 

15 and 

16 (B) obtain appropriate relief in a civil ac17 tion under subparagraph (A). 

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

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

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

21 under this subsection. 

22 (3) NO PREEMPTION.—Nothing in this sub23 section preempts, alters, displaces, abridges, or sup24 plants any claim or remedy available under any 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 2332 IS

1 State or Federal law, including common law, that 

2 provides a remedy for civil relief. 

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

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

5 by adding at the end the following: 

6 ‘‘(t) AFO DISCHARGES.—The Administrator shall re7 quire that all persons exercising substantial operational 

8 control (as described in section 104(b) of the Farm Sys9 tem Reform Act of 2021) over an animal feeding operation 

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

11 permit under this section for a discharge from the animal 

12 feeding operation.’’. 

13 TITLE II—AMENDMENTS TO 

14 PACKERS AND STOCKYARDS 

15 ACT, 1921 

16 SEC. 201. DEFINITIONS. 

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

18 1921 (7 U.S.C. 182(a)), is amended— 

19 (1) in paragraph (8), by striking ‘‘for slaugh20 ter’’ and all that follows through ‘‘of such poultry’’ 

21 and inserting ‘‘under a poultry growing arrange22 ment, regardless of whether the poultry is owned by 

23 that person or another person’’; 

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

25 live poultry for delivery, in accord with another’s inVerDate Sep 11 2014 05:10 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2332.IS S2332

kjohnson on DSK79L0C42PROD with BILLS
13 

•S 2332 IS

1 structions, for slaughter’’ and inserting ‘‘or cares for 

2 live poultry in accordance with the instructions of 

3 another person’’; 

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

5 striking the semicolon at the end and inserting a pe6 riod; 

7 (4) in paragraph (10)— 

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

9 slaughtering it or selling it for slaughter by an10 other’’; and 

11 (B) by striking ‘‘; and’’ at the end and in12 serting a period; and 

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

14 ‘‘(15) FORMULA PRICE.— 

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

16 price’ means any price term that establishes a 

17 base from which a purchase price is calculated 

18 on the basis of a price that will not be deter19 mined or reported until a date that is after the 

20 date on which the forward price is established. 

21 ‘‘(B) EXCLUSION.—The term ‘formula 

22 price’ does not include— 

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

24 base from which a purchase price is calVerDate Sep 11 2014 05:10 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2332.IS S2332

kjohnson on DSK79L0C42PROD with BILLS
14 

•S 2332 IS

1 culated on the basis of a futures market 

2 price; or 

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

4 quality, grade, or other factors relating to 

5 the value of livestock or livestock products 

6 that are readily verifiable market factors 

7 and are outside the control of the packer. 

8 ‘‘(16) FORWARD CONTRACT.—The term ‘for9 ward contract’ means an oral or written contract for 

10 the purchase of livestock that provides for the deliv11 ery of the livestock to a packer at a date that is 

12 more than 7 days after the date on which the con13 tract is entered into, without regard to whether the 

14 contract is for— 

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

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

17 certain period of time.’’. 

18 SEC. 202. UNLAWFUL PRACTICES. 

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

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

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

22 and (g) as paragraphs (1) through (6) and (10), re23 spectively, and indenting appropriately; 

24 (2) by striking the section designation and all 

25 that follows through ‘‘It shall be’’ in the matter preVerDate Sep 11 2014 05:10 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2332.IS S2332

kjohnson on DSK79L0C42PROD with BILLS
15 

•S 2332 IS

1 ceding paragraph (1) (as so redesignated) and in2 serting the following: 

3 ‘‘SEC. 202. UNLAWFUL ACTS. 

4 ‘‘(a) IN GENERAL.—It shall be’’; 

5 (3) in subsection (a)— 

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

7 (as so redesignated), by striking ‘‘to:’’ and in8 serting ‘‘to do any of the following:’’; 

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

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

11 place it appears and inserting a period; 

12 (C) in paragraph (6) (as so redesig13 nated)— 

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

15 ‘‘(A)’’; 

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

17 ‘‘(B)’’; and 

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

19 ‘‘(C)’’; 

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

21 following: 

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

23 a forward contract that— 

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

25 that may be equated to a fixed dollar amount 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 2332 IS

1 on the date on which the forward contract is 

2 entered into; 

3 ‘‘(B) is not offered for bid in an open, pub4 lic manner under which— 

5 ‘‘(i) buyers and sellers have the oppor6 tunity to participate in the bid; 

7 ‘‘(ii) more than 1 blind bid is solic8 ited; and 

9 ‘‘(iii) buyers and sellers may witness 

10 bids that are made and accepted; 

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

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

13 quantity in excess of— 

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

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

16 and 

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

18 livestock, a comparable quantity of that 

19 type of livestock, as determined by the Sec20 retary. 

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

22 subsidiary, or through an arrangement that gives a 

23 packer operational, managerial, or supervisory con24 trol over the livestock, or over the farming operation 

25 that produces the livestock, to such an extent that 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 2332 IS

1 the producer of the livestock is not materially par2 ticipating in the management of the operation with 

3 respect to the production of the livestock, except 

4 that this paragraph shall not apply to— 

5 ‘‘(A) an arrangement entered into not 

6 more than 7 business days before slaughter of 

7 the livestock by a packer, a person acting 

8 through the packer, or a person that directly or 

9 indirectly controls, or is controlled by or under 

10 common control with, the packer; 

11 ‘‘(B) a cooperative or entity owned by a co12 operative, if a majority of the ownership inter13 est in the cooperative is held by active coopera14 tive members that— 

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

16 and 

17 ‘‘(ii) provide the livestock to the coop18 erative for slaughter; 

19 ‘‘(C) a packer that is not required to re20 port to the Secretary on each reporting day (as 

21 defined in section 212 of the Agricultural Mar22 keting Act of 1946 (7 U.S.C. 1635a)) informa23 tion on the price and quantity of livestock pur24 chased by the packer; or 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 2332 IS

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

2 processing plant. 

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

4 is likely to adversely affect competition, regardless of 

5 whether there is a business justification for the ac6 tion.’’; and 

7 (E) in paragraph (10) (as so redesig8 nated), by striking ‘‘subdivision (a), (b), (c), 

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

10 through (9)’’; and 

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

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

13 PRACTICES AND DEVICES.—Acts by a packer, swine con14 tractor, or live poultry dealer that violate subsection (a)(1) 

15 include the following: 

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

17 livestock producer, swine production contract grow18 er, or poultry grower with which the packer, swine 

19 contractor, or live poultry dealer has a marketing or 

20 delivery contract, the relevant statistical information 

21 and data used to determine the compensation paid 

22 to the livestock producer, swine production contract 

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

24 contract, including— 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 2332 IS

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

2 pen; 

3 ‘‘(B) feed analysis; 

4 ‘‘(C) breeder history; 

5 ‘‘(D) quality grade; 

6 ‘‘(E) yield grade; and 

7 ‘‘(F) delivery volume for any certified 

8 branding program (such as programs for angus 

9 beef or certified grassfed or Berkshire pork). 

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

11 to limit by contract the legal rights and remedies of 

12 a livestock producer, swine production contract 

13 grower, or poultry grower, including the right— 

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

15 producer, swine production contract grower, or 

16 poultry grower, as applicable, is voluntarily 

17 bound by an arbitration provision in a contract; 

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

19 applicable law; and 

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

21 if available under applicable law. 

22 ‘‘(3) Termination of a poultry growing arrange23 ment or swine production contract with no basis 

24 other than an allegation that the poultry grower or 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 2332 IS

1 swine production contract grower failed to comply 

2 with an applicable law, rule, or regulation. 

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

4 that is likely to mislead a livestock producer, swine 

5 production contract grower, or poultry grower re6 garding a material condition or term in a contract 

7 or business transaction. 

8 ‘‘(c) UNDUE OR UNREASONABLE PREFERENCES, AD9 VANTAGES, PREJUDICES, AND DISADVANTAGES.— 

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

11 contractor, or live poultry dealer that violate sub12 section (a)(2) include the following: 

13 ‘‘(A) A retaliatory action (including coer14 cion or intimidation) or the threat of retaliatory 

15 action— 

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

17 termination, extension, or renewal of a 

18 contract or agreement with a livestock pro19 ducer, swine production contract grower, 

20 or poultry grower aimed to discourage the 

21 exercise of the rights of the livestock pro22 ducer, swine production contract grower, 

23 or poultry grower under this Act or any 

24 other law; and 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 2332 IS

1 ‘‘(ii) in response to lawful communica2 tion (including as described in paragraph 

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

4 a livestock producer, swine production con5 tract grower, or poultry grower. 

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

7 poultry as described in paragraph (3). 

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

9 lawful communication referred to in paragraph 

10 (1)(A)(ii) includes— 

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

12 Federal agency or Members of Congress; 

13 ‘‘(B) any lawful disclosure that dem14 onstrates a reasonable belief of a violation of 

15 this Act or any other law; and 

16 ‘‘(C) any other communication that assists 

17 in carrying out the purposes of this Act. 

18 ‘‘(3) USE OF TOURNAMENT SYSTEM FOR POUL19 TRY.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), a live poultry dealer shall be in vio22 lation of subsection (a)(2) if the live poultry 

23 dealer determines the formula for calculating 

24 the pay of a poultry grower in a tournament 

25 group by comparing the performance of the 


kjohnson on DSK79L0C42PROD with BILLS
22 

•S 2332 IS

1 birds of other poultry growers in the group 

2 using factors outside the control of the poultry 

3 grower and within the control of the live poultry 

4 dealer. 

5 ‘‘(B) EXCEPTION.—Under subparagraph 

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

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

8 dealer demonstrates through clear and con9 vincing evidence that the inputs and services 

10 described in subparagraph (C) that were used 

11 in the comparative evaluation were substantially 

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

13 applicable, for all poultry growers in the tour14 nament group. 

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

16 The inputs and services referred to in subpara17 graph (B) include, with respect to poultry grow18 ers in the same tournament group— 

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

20 of chicks delivered to each poultry grower; 

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

22 flock from which chicks are drawn for each 

23 poultry grower; 


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 2332 IS

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

2 feed), and quantity of feed delivered to 

3 each poultry grower; 

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

5 medications for the birds of each poultry 

6 grower; 

7 ‘‘(v) the number of birds in a flock de8 livered to each poultry grower; 

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

10 birds for processing (including the age of 

11 the birds and the number of days that the 

12 birds are in the care of the poultry grower) 

13 for each poultry grower; 

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

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

16 processing plant for each poultry grower; 

17 ‘‘(viii) condemnations of parts of birds 

18 due to actions in processing for each poul19 try grower; 

20 ‘‘(ix) condemnations of whole birds 

21 due to the fault of the poultry grower; 

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

23 fault of the poultry grower; 


kjohnson on DSK79L0C42PROD with BILLS
24 

•S 2332 IS

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

2 of the death losses and condemnations de3 scribed in clauses (vii) through (x); 

4 ‘‘(xii) the type and classification of 

5 each poultry grower; and 

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

7 may have an impact on feed conversion to 

8 weight gain efficiency or the life span of 

9 the birds of each poultry grower. 

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

11 determining whether an act, device, or conduct is a viola12 tion under paragraph (1) or (2) of subsection (a), a find13 ing that the act, device, or conduct adversely affected or 

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

15 (b) EFFECTIVE DATE.— 

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

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

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

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

20 of enactment of this Act. 

21 (2) TRANSITION RULES.—In the case of a pack22 er that, on the date of enactment of this Act, owns, 

23 feeds, or controls livestock intended for slaughter in 

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

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


kjohnson on DSK79L0C42PROD with BILLS
25 

•S 2332 IS

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

2 shall take effect— 

3 (A) in the case of a packer of swine, begin4 ning on the date that is 18 months after the 

5 date of enactment of this Act; and 

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

7 type of livestock, beginning not later than 180 

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

9 determined by the Secretary. 

10 SEC. 203. SPOT MARKET PURCHASES OF LIVESTOCK BY 

11 PACKERS. 

12 The Packers and Stockyards Act, 1921, is amended 

13 by inserting after section 202 (7 U.S.C. 192) the fol14 lowing: 

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

16 PACKERS. 

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

18 ‘‘(1) COVERED PACKER.— 

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

20 packer’ means a packer that is required under 

21 subtitle B of the Agricultural Marketing Act of 

22 1946 (7 U.S.C. 1635 et seq.) to report to the 

23 Secretary each reporting day information on the 

24 price and quantity of livestock purchased by the 

25 packer. 


kjohnson on DSK79L0C42PROD with BILLS
26 

•S 2332 IS

1 ‘‘(B) EXCLUSION.—The term ‘covered 

2 packer’ does not include a packer that owns 

3 only 1 livestock processing plant. 

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

5 ‘nonaffiliated producer’ means a producer of live6 stock— 

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

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

9 interest in the packer; 

10 ‘‘(C) that has no officers, directors, em11 ployees, or owners that are officers, directors, 

12 employees, or owners of the packer; 

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

14 the packer; and 

15 ‘‘(E) in which the packer has no equity in16 terest. 

17 ‘‘(3) SPOT MARKET SALE.— 

18 ‘‘(A) IN GENERAL.—The term ‘spot mar19 ket sale’ means a purchase and sale of livestock 

20 by a packer from a producer— 

21 ‘‘(i) under an agreement that specifies 

22 a firm base price that may be equated with 

23 a fixed dollar amount on the date the 

24 agreement is entered into; 


kjohnson on DSK79L0C42PROD with BILLS
27 

•S 2332 IS

1 ‘‘(ii) under which the livestock are 

2 slaughtered not more than 7 days after the 

3 date on which the agreement is entered 

4 into; and 

5 ‘‘(iii) under circumstances in which a 

6 reasonable competitive bidding opportunity 

7 exists on the date on which the agreement 

8 is entered into. 

9 ‘‘(B) REASONABLE COMPETITIVE BIDDING

10 OPPORTUNITY.—For the purposes of subpara11 graph (A)(iii), a reasonable competitive bidding 

12 opportunity shall be considered to exist if— 

13 ‘‘(i) no written or oral agreement pre14 cludes the producer from soliciting or re15 ceiving bids from other packers; and 

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

17 practice exists that— 

18 ‘‘(I) establishes the existence of 

19 an implied contract (as determined in 

20 accordance with the Uniform Com21 mercial Code); and 

22 ‘‘(II) precludes the producer from 

23 soliciting or receiving bids from other 

24 packers. 


kjohnson on DSK79L0C42PROD with BILLS
28 

•S 2332 IS

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

2 that is slaughtered by a covered packer during each re3 porting day in each plant, the covered packer shall slaugh4 ter not less than the applicable percentage specified in 

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

6 from nonaffiliated producers. 

7 ‘‘(c) APPLICABLE PERCENTAGES.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), the applicable percentage shall be 50 per10 cent. 

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

12 packer that reported to the Secretary in the 2020 

13 annual report that more than 60 percent of the live14 stock of the covered packer were committed procure15 ment livestock, the applicable percentage shall be the 

16 greater of— 

17 ‘‘(A) the difference between the percentage 

18 of committed procurement so reported and 100 

19 percent; and 

20 ‘‘(B)(i) during each of calendar years 2022 

21 and 2023, 20 percent; 

22 ‘‘(ii) during each of calendar years 2024 

23 and 2025, 30 percent; and 

24 ‘‘(iii) during calendar year 2026 and each 

25 calendar year thereafter, 50 percent. 


kjohnson on DSK79L0C42PROD with BILLS
29 

•S 2332 IS

1 ‘‘(d) NONPREEMPTION.—This section does not pre2 empt any requirement of a State or political subdivision 

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

4 the spot market a greater percentage of the livestock pur5 chased by the covered packer than is required under this 

6 section.’’. 

7 SEC. 204. INVESTIGATION OF LIVE POULTRY DEALERS. 

8 (a) ADMINISTRATIVE ENFORCEMENT AUTHORITY

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

10 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 

11 193, 194, 195), are amended by inserting ‘‘, live poultry 

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

13 (b) AUTHORITY TO REQUEST TEMPORARY INJUNC14 TION OR RESTRAINING ORDER.—Section 408(a) of the 

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

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

17 of poultry’’. 

18 (c) VIOLATIONS BY LIVE POULTRY DEALERS.—Sec19 tion 411 of the Packers and Stockyards Act, 1921 (7 

20 U.S.C. 228b–2), is amended— 

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

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

23 of’’; and 


kjohnson on DSK79L0C42PROD with BILLS
30 

•S 2332 IS

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

2 striking ‘‘any provisions of section 207 or section 

3 410’’ and inserting ‘‘any provision’’. 

4 SEC. 205. AWARD OF ATTORNEY FEES. 

5 Section 204 of the Packers and Stockyards Act, 1921 

6 (7 U.S.C. 194), is amended by adding at the end the fol7 lowing: 

8 ‘‘(i) ATTORNEY’S FEE.—The court shall award a rea9 sonable attorney’s fee as part of the costs to a prevailing 

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

11 SEC. 206. TECHNICAL AMENDMENTS. 

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

13 1921 (7 U.S.C. 193), is amended— 

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

15 (A) by striking ‘‘he shall cause’’ and in16 serting ‘‘the Secretary shall cause’’; and 

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

18 ‘‘the charges’’; 

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

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

21 he shall state his findings’’ and inserting ‘‘the Sec22 retary shall make a report in writing in which the 

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

24 and 


kjohnson on DSK79L0C42PROD with BILLS
31 

•S 2332 IS

1 (3) in subsection (c), by striking ‘‘he’’ and in2 serting ‘‘the Secretary’’. 

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

4 1921 (7 U.S.C. 194), is amended— 

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

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

7 swine contractor has the’’; 

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

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

10 officers, directors, agents, and employees of the 

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

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

13 (A) by striking ‘‘his findings’’ and insert14 ing ‘‘the findings of the Secretary’’; and 

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

16 Secretary’’; and 

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

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

19 officers, directors, agents, and employees of the 

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


kjohnson on DSK79L0C42PROD with BILLS
32 

•S 2332 IS

1 TITLE III—LABELING OF MEAT 

2 AND DAIRY PRODUCTS 

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

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

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

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

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

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

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

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

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

16 (A) in subparagraph (A)— 

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

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

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

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

21 lamb, ground pork,’’; 

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

23 at the end; 

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


kjohnson on DSK79L0C42PROD with BILLS
33 

•S 2332 IS

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

2 ‘‘(xii) dairy products.’’; and 

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

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

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

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

10 ‘‘(A) fluid milk; 

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

12 cream cheese; 

13 ‘‘(C) yogurt; 

14 ‘‘(D) ice cream; 

15 ‘‘(E) butter; and 

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

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

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

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

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

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

24 following: 


kjohnson on DSK79L0C42PROD with BILLS
34 

•S 2332 IS

1 ‘‘(5) DESIGNATION OF COUNTRY OF ORIGIN

2 FOR DAIRY PRODUCTS.— 

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

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

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

7 which the 1 or more dairy ingredients or 

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

10 sourced; and 

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

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

14 UNITED STATES.—With respect to a covered 

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

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

18 United States where the covered commodity 

19 was produced shall be sufficient to identify the 

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

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

22 PRODUCTS. 

23 Section 7 of the Federal Meat Inspection Act (21 

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


kjohnson on DSK79L0C42PROD with BILLS
35 

•S 2332 IS

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

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

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

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

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

6 and slaughtered in the United States.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS