I 

111TH CONGRESS 

2D SESSION S. 3656 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 9, 2010 

Referred to the Committee on Agriculture 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Mandatory Price Re3 porting Act of 2010’’. 

4 SEC. 2. LIVESTOCK MANDATORY REPORTING. 

5 (a) EXTENSION OF AUTHORITY.— 

6 (1) IN GENERAL.—Section 260 of the Agricul7 tural Marketing Act of 1946 (7 U.S.C. 1636i) is 

8 amended by striking ‘‘September 30, 2010’’ and in9 serting ‘‘September 30, 2015’’. 

10 (2) CONFORMING AMENDMENT AND EXTEN11 SION.—Section 942 of the Livestock Mandatory Re12 porting Act of 1999 (7 U.S.C. 1635 note; Public 

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

14 30, 2010’’ and inserting ‘‘September 30, 2015’’. 

15 (b) WHOLESALE PORK CUTS.— 

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

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

18 1635i et seq.) is amended by adding at the end the 

19 following new section: 

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

21 CUTS. 

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

23 designated representatives of each packer shall report to 

24 the Secretary information concerning the price and volume 

25 of wholesale pork cuts, as the Secretary determines is nec26 essary and appropriate. 


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1 ‘‘(b) PUBLICATION.—The Secretary shall publish in2 formation reported under subsection (a) as the Secretary 

3 determines necessary and appropriate.’’. 

4 (2) NEGOTIATED RULEMAKING.—The Secretary 

5 of Agriculture shall establish a negotiated rule6 making process pursuant to subchapter III of chap7 ter 5 of title 5, United States Code, to negotiate and 

8 develop a proposed rule to implement the amend9 ment made by paragraph (1). 

10 (3) NEGOTIATED RULEMAKING COMMITTEE.— 

11 (A) REPRESENTATION.—Any negotiated 

12 rulemaking committee established by the Sec13 retary of Agriculture pursuant to paragraph (2) 

14 shall include representatives from— 

15 (i) organizations representing swine 

16 producers; 

17 (ii) organizations representing packers 

18 of pork, processors of pork, retailers of 

19 pork, and buyers of wholesale pork; 

20 (iii) the Department of Agriculture; 

21 and 

22 (iv) among interested parties that par23 ticipate in swine or pork production. 

24 (B) INAPPLICABILITY OF FEDERAL ADVI25 SORY COMMITTEE ACT.—Any negotiated ruleVerDate Mar 15 2010 21:04 Aug 10, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3656.RFH S3656

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1 making committee established by the Secretary 

2 of Agriculture pursuant to paragraph (2) shall 

3 not be subject to the Federal Advisory Com4 mittee Act (5 U.S.C. App.). 

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

6 In carrying out the negotiated rulemaking process 

7 under paragraph (2), the Secretary of Agriculture 

8 shall ensure that— 

9 (A) any recommendation for a proposed 

10 rule or report is provided to the Secretary of 

11 Agriculture not later than 180 days after the 

12 date of the enactment of this Act; and 

13 (B) a final rule is promulgated not later 

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

15 enactment of this Act. 

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

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

18 5712(a)(1)) is amended by striking ‘‘cotton,’’ and insert19 ing ‘‘cotton, pork,’’. 

20 SEC. 3. DAIRY MANDATORY REPORTING. 

21 (a) ELECTRONIC REPORTING REQUIRED.—Sub22 section (d) of section 273 of the Agricultural Marketing 

23 Act of 1946 (7 U.S.C. 1637b) is amended to read as fol24 lows: 

25 ‘‘(d) ELECTRONIC REPORTING.— 


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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. 

Passed the Senate August 5, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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