S. 3656 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Mandatory Price Reporting 

Act of 2010’’. 

SEC. 2. LIVESTOCK MANDATORY REPORTING. 

(a) EXTENSION OF AUTHORITY.— 

(1) IN GENERAL.—Section 260 of the Agricultural Marketing 

Act of 1946 (7 U.S.C. 1636i) is amended by striking ‘‘September 

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

(2) CONFORMING AMENDMENT AND EXTENSION.—Section 942 

of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 

1635 note; Public Law 106–78) is amended by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2015’’. 

(b) WHOLESALE PORK CUTS.— 

(1) REPORTING.—Chapter 3 of subtitle B of the Agricultural 

Marketing Act of 1946 (7 U.S.C. 1635i et seq.) is amended 

by adding at the end the following new section: 

‘‘SEC. 233. 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.’’. 

(2) NEGOTIATED RULEMAKING.—The Secretary of Agriculture shall establish a negotiated rulemaking process pursuant to subchapter III of chapter 5 of title 5, United States 

Code, to negotiate and develop a proposed rule to implement 

the amendment made by paragraph (1). 

(3) NEGOTIATED RULEMAKING COMMITTEE.— 

(A) REPRESENTATION.—Any negotiated rulemaking 

committee established by the Secretary of Agriculture 

pursuant to paragraph (2) shall include representatives 

from— 

(i) organizations representing swine producers; 
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(ii) organizations representing packers of pork, 

processors of pork, retailers of pork, and buyers of 

wholesale pork; 

(iii) the Department of Agriculture; and 

(iv) among interested parties that participate in 

swine or pork production. 

(B) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE

ACT.—Any negotiated rulemaking committee established by 

the Secretary of Agriculture pursuant to paragraph (2) 

shall not be subject to the Federal Advisory Committee 

Act (5 U.S.C. App.). 

(4) TIMING OF PROPOSED AND FINAL RULES.—In carrying 

out the negotiated rulemaking process under paragraph (2), 

the Secretary of Agriculture shall ensure that— 

(A) any recommendation for a proposed rule or report 

is provided to the Secretary of Agriculture not later than 

180 days after the date of the enactment of this Act; 

and 

(B) a final rule is promulgated not later than one 

and a half years after the date of the enactment of this 

Act. 

(c) PORK EXPORT REPORTING.—Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by striking 

‘‘cotton,’’ and inserting ‘‘cotton, pork,’’. 

SEC. 3. DAIRY MANDATORY REPORTING. 

(a) ELECTRONIC REPORTING REQUIRED.—Subsection (d) of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b) 

is amended to read as follows: 

‘‘(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.’’. 

(b) IMPLEMENTATION.—Not later than one year after the date 

of enactment of this Act, the Secretary of Agriculture shall implement the electronic reporting system required by subsection (d) 

of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 

1637b), as amended by subsection (a). Until the electronic reporting 

system is implemented, the Secretary shall continue to conduct 

mandatory dairy product information reporting under the authority 
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of such section, as in effect on the day before the date of enactment 

of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.