109TH CONGRESS 
1ST SESSION 
H. R. 3408
AN ACT 
To reauthorize the Livestock Mandatory Reporting 
Act of 1999 and to amend the swine reporting 
provisions of that Act.
109TH CONGRESS 
1ST SESSION H. R. 3408
AN ACT 
To reauthorize the Livestock Mandatory Reporting Act of 
1999 and to amend the swine reporting provisions of 
that Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION. 
(a) IN GENERAL.—Chapter 5 of subtitle B of the Ag-
ricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 260. TERMINATION OF AUTHORITY. 
‘‘The authority provided by this subtitle terminates 
on September 30, 2010.’’. 
(b) 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 amend-
ed by striking ‘‘terminate on September 30, 2005’’ and 
inserting ‘‘(other than section 911 of subtitle A and the 
amendments made by that section) terminate on Sep-
tember 30, 2010’’. 
SEC. 2. DEFINITIONS. 
(a) BASE MARKET HOGS.—Section 231(4) of the Ag-
ricultural Marketing Act of 1946 (7 U.S.C. 1635i(4)) is 
amended to read as follows: 
‘‘(4) BASE MARKET HOG.—The term ‘base mar-
ket hog’ means a barrow or gilt for which no dis-
counts are subtracted from and no premiums are 
added to the base price.’’. 
(b) BOARS.—Section 231(5) of such Act (7 U.S.C. 
1635i(5)) is amended to read as follows: 
‘‘(5) BOAR.—The term ‘boar’ means a sexually-
intact male swine.’’.
(c) PACKER OF SOWS AND BOARS.—Section 231(12) 
of such Act (7 U.S.C. 1635i(12)) is amended by—
(1) striking subparagraph (B) and inserting the 
following new subparagraph: 
‘‘(B) for any calendar year, the term in-
cludes only—
‘‘(i) a swine processing plant that 
slaughtered an average of at least 100,000 
swine per year during the immediately pre-
ceding five calendar years; and 
‘‘(ii) a person that slaughtered an av-
erage of at least 200,000 sows, boars, or 
any combination thereof, per year during 
the immediately preceding five calendar 
years; and’’; and 
(2) in subparagraph (C)—
(A) by inserting ‘‘or person’’ after ‘‘swine 
processing plant’’; 
(B) by inserting ‘‘or person’’ after ‘‘plant 
capacity of the processing plant’’; and 
(C) by inserting ‘‘or person’’ after ‘‘deter-
mining whether the processing plant’’. 
SEC. 3. REPORTING; BARROWS AND GILTS. 
Section 232(c) of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635j(c)) is amended to read as follows:
‘‘(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 appro-
priate to—
‘‘(i) comply with the publication re-
quirements 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 infor-
mation regarding all barrows and gilts pur-
chased or priced, and 
‘‘(ii) not later than 9:00 a.m. Central 
Time on each reporting day, report infor-
mation regarding all barrows and gilts 
slaughtered,
during the prior business day of the packer. 
‘‘(C) INFORMATION
REQUIRED.—The in-
formation from the prior business day of a 
packer required under this paragraph shall in-
clude—
‘‘(i) all purchase data, including—
‘‘(I) the total number of—
‘‘(aa) barrows and gilts pur-
chased; 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 de-
ducted from the price per hun-
dredweight 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 
‘‘(bb) excluding any sum 
earlier paid to a producer that 
must later be repaid to the pack-
er; 
‘‘(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 slaugh-
tered at a packing plant during 
the applicable reporting period, 
including all premiums and dis-
counts, and including any sum 
deducted from the price per hun-
dredweight 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 incre-
ments) of the barrows and gilts; 
‘‘(III) information concerning the 
lowest net price, which shall be equal 
to the lowest net price paid for a sin-
gle 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 sin-
gle 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 situa-
tions (such as skinning or foot re-
moval), as the Secretary determines 
necessary to render comparable car-
cass 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 appli-
cable reporting period, resulting from 
the fact that the barrows and gilts did 
not fall within the individual packer’s