IIB 
109TH CONGRESS 
1ST SESSION H. R. 3408 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 15, 2005 
Received 
OCTOBER 7 (legislative day, OCTOBER 6), 2005 
Read twice and referred to the Committee on Agriculture, Nutrition, and 
Forestry 
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,
HR 3408 RFS 
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.’’.
HR 3408 RFS 
(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:
HR 3408 RFS 
‘‘(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,
HR 3408 RFS 
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—
HR 3408 RFS 
‘‘(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
HR 3408 RFS 
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;
HR 3408 RFS 
‘‘(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
HR 3408 RFS 
established carcass weight or lot vari-
ation range; 
‘‘(VII) the average backfat, which 
shall be equal to the average of the 
backfat thickness (in inches) meas-
ured between the third and fourth 
from the last ribs, 7 centimeters from 
the carcass split (or adjusted from the 
individual packer’s measurement to 
that reference point using an adjust-
ment made by the Secretary) of the 
barrows and gilts slaughtered during 
the applicable reporting period; 
‘‘(VIII) the average lean percent-
age, which shall be equal to the aver-
age percentage of the carcass weight 
comprised of lean meat for the bar-
rows and gilts slaughtered during the 
applicable reporting period, except 
that when a packer is required to re-
port the average lean percentage 
under this subclause, the packer shall 
make available to the Secretary the 
underlying data, applicable method-
ology and formulae, and supporting
HR 3408 RFS 
materials used to determine the aver-
age lean percentage, which the Sec-
retary may convert to the carcass 
measurements or lean percentage of 
the barrows and gilts of the individual 
packer to correlate to a common per-
cent lean measurement; and 
‘‘(IX) the total slaughter quan-
tity, which shall be equal to the total 
number of barrows and gilts slaugh-
tered during the applicable reporting 
period, including all types of pur-
chases and barrows and gilts that 
qualify as packer-owned swine; and 
‘‘(iii) packer purchase commitments, 
which shall be equal to the number of bar-
rows and gilts scheduled for delivery to a 
packer for slaughter for each of the next 
14 calendar days. 
‘‘(D) PUBLICATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall publish the information obtained 
under this paragraph in a prior day re-
port—
HR 3408 RFS 
‘‘(I) in the case of information 
regarding barrows and gilts purchased 
or priced, not later than 8:00 a.m. 
Central Time, and 
‘‘(II) in the case of information 
regarding barrows and gilts slaugh-
tered, not later than 10:00 a.m. Cen-
tral time, 
on the reporting day on which the informa-
tion is received from the packer. 
‘‘(ii) PRICE DISTRIBUTIONS.—The in-
formation published by the Secretary 
under clause (i) shall include a distribution 
of net prices in the range between and in-
cluding the lowest net price and the high-
est net price reported. The publication 
shall include a delineation of the number 
of barrows and gilts at each reported price 
level or, at the option of the Secretary, the 
number of barrows and gilts within each of 
a series of reasonable price bands within 
the range of prices. 
‘‘(2) MORNING REPORT.— 
‘‘(A) IN GENERAL.—The corporate officers 
or officially designated representatives of each
HR 3408 RFS 
packer processing plant that processes barrows 
or gilts shall report to the Secretary not later 
than 10:00 a.m. Central Time each reporting 
day— 
‘‘(i) the packer’s best estimate of the 
total number of barrows and gilts, and 
barrows and gilts that qualify as packer- 
owned swine, expected to be purchased 
throughout the reporting day through each 
type of purchase; 
‘‘(ii) the total number of barrows and 
gilts, and barrows and gilts that qualify as 
packer-owned swine, purchased up to that 
time of the reporting day through each 
type of purchase; 
‘‘(iii) the base price paid for all base 
market hogs purchased up to that time of 
the reporting day through negotiated pur-
chases; and 
‘‘(iv) the base price paid for all base 
market hogs purchased through each type 
of purchase other than negotiated purchase 
up to that time of the reporting day, un-
less such information is unavailable due to
HR 3408 RFS 
pricing that is determined on a delayed 
basis. 
‘‘(B) PUBLICATION.—The Secretary shall 
publish the information obtained under this 
paragraph in the morning report as soon as 
practicable, but not later than 11:00 a.m. Cen-
tral Time, on each reporting day. 
‘‘(3) AFTERNOON 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 not later 
than 2:00 p.m. Central Time each reporting 
day— 
‘‘(i) the packer’s best estimate of the 
total number of barrows and gilts, and 
barrows and gilts that qualify as packer- 
owned swine, expected to be purchased 
throughout the reporting day through each 
type of purchase; 
‘‘(ii) the total number of barrows and 
gilts, and barrows and gilts that qualify as 
packer-owned swine, purchased up to that 
time of the reporting day through each 
type of purchase;
HR 3408 RFS 
‘‘(iii) the base price paid for all base 
market hogs purchased up to that time of 
the reporting day through negotiated pur-
chases; and 
‘‘(iv) the base price paid for all base 
market hogs purchased up to that time of 
the reporting day through each type of 
purchase other than negotiated purchase, 
unless such information is unavailable due 
to pricing that is determined on a delayed 
basis. 
‘‘(B) PUBLICATION.—The Secretary shall 
publish the information obtained under this 
paragraph in the afternoon report as soon as 
practicable, but not later than 3:00 p.m. Cen-
tral Time, on each reporting day.’’. 
SEC. 4. REPORTING; SOWS AND BOARS. 
Section 232 of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635j) is amended by— 
(1) redesignating subsection (d) as subsection 
(e); and 
(2) inserting after subsection (c) the following 
new subsection: 
‘‘(d) DAILY REPORTING; SOWS AND BOARS.—
HR 3408 RFS 
‘‘(1) PRIOR DAY REPORT.—The corporate offi-
cers or officially designated representatives of each 
packer of sows and boars shall report to the Sec-
retary, for each business day of the packer, such in-
formation reported by hog class as the Secretary de-
termines necessary and appropriate to— 
‘‘(A) comply with the publication require-
ments of this section; and 
‘‘(B) provide for the timely access to the 
information by producers, packers, and other 
market participants. 
‘‘(2) REPORTING.—Not later than 9:30 a.m. 
Central Time, or such other time as the Secretary 
considers appropriate, on each reporting day, a 
packer required to report under paragraph (1) shall 
report information regarding all sows and boars pur-
chased or priced during the prior business day of the 
packer. 
‘‘(3) INFORMATION REQUIRED.—The informa-
tion from the prior business day of a packer re-
quired under this subsection shall include all pur-
chase data, including— 
‘‘(A) the total number of sows purchased 
and the total number of boars purchased, each
HR 3408 RFS 
divided into at least three reasonable and mean-
ingful weight classes specified by the Secretary; 
‘‘(B) the number of sows that qualify as 
packer-owned swine; 
‘‘(C) the number of boars that qualify as 
packer-owned swine; 
‘‘(D) the average price paid for all sows; 
‘‘(E) the average price paid for all boars; 
‘‘(F) the average price paid for sows in 
each weight class specified by the Secretary 
under subparagraph (A); 
‘‘(G) the average price paid for boars in 
each weight class specified by the Secretary 
under subparagraph (A); 
‘‘(H) the number of sows and the number 
of boars for which prices are determined, by 
each type of purchase; 
‘‘(I) the average prices for sows and the 
average prices for boars for which prices are de-
termined, by each type of purchase; and 
‘‘(J) such other information as the Sec-
retary considers appropriate to carry out this 
subsection. 
‘‘(4) PRICE CALCULATIONS WITHOUT PACKER- 
OWNED SWINE.—A packer shall omit the prices of
HR 3408 RFS 
sows and boars that qualify as packer-owned swine 
from all average price calculations, price range cal-
culations, and reports required by this subsection. 
‘‘(5) REPORTING EXCEPTION: PUBLIC AUCTION 
PURCHASES.—The information required to be re-
ported under this subsection shall not include pur-
chases of sows or boars made by agents of the re-
porting packer at a public auction at which the title 
of the sows and boars is transferred directly from 
the producer to such packer. 
‘‘(6) PUBLICATION.—The Secretary shall pub-
lish the information obtained under this paragraph 
in a prior day report not later than 11:00 a.m. Cen-
tral Time on the reporting day on which the infor-
mation is received from the packer. 
‘‘(7) ELECTRONIC
SUBMISSION
OF
INFORMA-
TION.—The Secretary of Agriculture shall provide 
for the electronic submission of any information re-
quired to be reported under this subsection through
HR 3408 RFS 
an Internet website or equivalent electronic means 
maintained by the Department of Agriculture.’’. 
Passed the House of Representatives September 14, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
By GERASIMOS C. VANS, 
Deputy Clerk.