I 

111TH CONGRESS 

2D SESSION H. R. 5852 

To amend the Agricultural Marketing Act of 1946 to improve the reporting 

on sales of livestock and dairy products, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2010 

Mr. PETERSON (for himself, Mr. BACA, Mr. BOSWELL, Mr. CONAWAY, Mr. 

CUELLAR, Mrs. DAHLKEMPER, Mr. FORTENBERRY, Ms. HERSETH

SANDLIN, Mr. HOLDEN, Mr. KAGEN, Mr. KING of Iowa, Mr. KISSELL, 

Mrs. LUMMIS, Ms. MARKEY of Colorado, Mr. MCINTYRE, Mr. MORAN of 

Kansas, Mr. POMEROY, Mr. SCOTT of Georgia, Mr. SMITH of Nebraska, 

and Mr. WALZ) introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To amend the Agricultural Marketing Act of 1946 to improve 

the reporting on sales of livestock 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. 

4 This Act may be cited as the ‘‘Mandatory Price Re5 porting Act of 2010’’. 

6 SEC. 2. LIVESTOCK MANDATORY REPORTING. 

7 (a) EXTENSION OF AUTHORITY.— 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 5852 IH

1 (1) IN GENERAL.—Section 260 of the Agricul2 tural Marketing Act of 1946 (7 U.S.C. 1636i) is 

3 amended by striking ‘‘September 30, 2010’’ and in4 serting ‘‘September 30, 2015’’. 

5 (2) CONFORMING AMENDMENT AND EXTEN6 SION.—Section 942 of the Livestock Mandatory Re7 porting Act of 1999 (7 U.S.C. 1635 note; Public 

8 Law 106–78) is amended by striking ‘‘September 

9 30, 2010’’ and inserting ‘‘September 30, 2015’’. 

10 (b) WHOLESALE PORK CUTS.— 

11 (1) REPORTING.—Chapter 3 of subtitle B of 

12 the Agricultural Marketing Act of 1946 (7 U.S.C. 

13 1635i et seq.) is amended by adding at the end the 

14 following new section: 

15 ‘‘SEC. 233. MANDATORY REPORTING OF WHOLESALE PORK 

16 CUTS. 

17 ‘‘(a) REPORTING.—The corporate officers or officially 

18 designated representatives of each packer shall report to 

19 the Secretary information concerning the price and volume 

20 of wholesale pork cuts, as the Secretary determines is nec21 essary and appropriate. 

22 ‘‘(b) PUBLICATION.—The Secretary shall publish in23 formation reported under subsection (a) as the Secretary 

24 determines necessary and appropriate.’’. 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 5852 IH

1 (2) NEGOTIATED RULEMAKING.—The Secretary 

2 of Agriculture shall establish a negotiated rule3 making process pursuant to subchapter III of chap4 ter 5 of title 5, United States Code, to negotiate and 

5 develop a proposed rule to implement the amend6 ment made by paragraph (1). 

7 (3) NEGOTIATED RULEMAKING COMMITTEE.— 

8 (A) REPRESENTATION.—Any negotiated 

9 rulemaking committee established by the Sec10 retary of Agriculture pursuant to paragraph (2) 

11 shall include representatives from— 

12 (i) organizations representing swine 

13 producers; 

14 (ii) organizations representing packers 

15 of pork, processors of pork, retailers of 

16 pork, and buyers of wholesale pork; 

17 (iii) the Department of Agriculture; 

18 and 

19 (iv) among interested parties that par20 ticipate in swine or pork production. 

21 (B) INAPPLICABILITY OF FEDERAL ADVI22 SORY COMMITTEE ACT.—Any negotiated rule23 making committee established by the Secretary 

24 of Agriculture pursuant to paragraph (2) shall 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 5852 IH

1 not be subject to the Federal Advisory Com2 mittee Act (5 U.S.C. App.). 

3 (4) TIMING OF PROPOSED AND FINAL RULES.— 

4 In carrying out the negotiated rulemaking process 

5 under paragraph (2), the Secretary of Agriculture 

6 shall ensure that— 

7 (A) any recommendation for a proposed 

8 rule or report is provided to the Secretary of 

9 Agriculture not later than 180 days after the 

10 date of the enactment of this Act; and 

11 (B) a final rule is promulgated not later 

12 than one and a half years after the date of the 

13 enactment of this Act. 

14 (c) PORK EXPORT REPORTING.—Section 602(a)(1) 

15 of the Agricultural Trade Act of 1978 (7 U.S.C. 

16 5712(a)(1)) is amended by striking ‘‘cotton,’’ and insert17 ing ‘‘cotton, pork,’’. 

18 SEC. 3. DAIRY MANDATORY REPORTING. 

19 (a) ELECTRONIC REPORTING REQUIRED.—Sub20 section (d) of section 273 of the Agricultural Marketing 

21 Act of 1946 (7 U.S.C. 1637b) is amended to read as fol22 lows: 

23 ‘‘(d) ELECTRONIC REPORTING.— 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 5852 IH

1 ‘‘(1) ELECTRONIC REPORTING SYSTEM RE2 QUIRED.—The Secretary shall establish an electronic 

3 reporting system to carry out this section. 

4 ‘‘(2) PUBLICATION.—Not later than 3:00 p.m. 

5 Eastern Time on the Wednesday of each week, the 

6 Secretary shall publish a report containing the infor7 mation obtained under this section for the preceding 

8 week.’’. 

9 (b) IMPLEMENTATION.—Not later than one year 

10 after the date of enactment of this Act, the Secretary of 

11 Agriculture shall implement the electronic reporting sys12 tem required by subsection (d) of section 273 of the Agri13 cultural Marketing Act of 1946 (7 U.S.C. 1637b), as 

14 amended by subsection (a). Until the electronic reporting 

15 system is implemented, the Secretary shall continue to 

16 conduct mandatory dairy product information reporting 

17 under the authority of such section, as in effect on the 

18 day before the date of enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS