H. R. 1906—70
‘‘(2) the provision of the information would be unduly
burdensome.
‘‘(c) PURCHASES OF CATTLE OR SWINE.—A record of a purchase
of a lot of cattle or a lot of swine by a packer shall evidence
whether the purchase occurred—
‘‘(1) before 10:00 a.m. Central Time;
‘‘(2) between 10:00 a.m. and 2:00 p.m. Central Time; or
‘‘(3) after 2:00 p.m. Central Time.
‘‘SEC. 256. VOLUNTARY REPORTING.
‘‘The Secretary shall encourage voluntary reporting by packers
(as defined in section 201 of the Packers and Stockyards Act,
1921 (7 U.S.C. 191)) to which the mandatory reporting requirements
of this subtitle do not apply.
‘‘SEC. 257. PUBLICATION OF INFORMATION ON RETAIL PURCHASE
PRICES FOR REPRESENTATIVE MEAT PRODUCTS.
‘‘(a) IN GENERAL.—Beginning not later than 90 days after the
date of the enactment of this subtitle, the Secretary shall compile
and publish at least monthly (weekly, if practicable) information
on retail prices for representative food products made from beef,
pork, chicken, turkey, veal, or lamb.
‘‘(b) INFORMATION.—The report published by the Secretary
under subsection (a) shall include—
‘‘(1) information on retail prices for each representative
food product described in subsection (a); and
‘‘(2) information on total sales quantity (in pounds and
dollars) for each representative food product.
‘‘(c) MEAT PRICE SPREADS REPORT.—During the period ending
2 years after the initial publication of the report required under
subsection (a), the Secretary shall continue to publish the Meat
Price Spreads Report in the same manner as the Report was pub-
lished before the date of the enactment of this subtitle.
‘‘(d) INFORMATION COLLECTION.—
‘‘(1) IN GENERAL.—To ensure the accuracy of the reports
required under subsection (a), the Secretary shall obtain the
information for the reports from one or more sources
including—
‘‘(A) a consistently representative set of retail trans-
actions; and
‘‘(B) both prices and sales quantities for the trans-
actions.
‘‘(2) SOURCE OF INFORMATION.—The Secretary may—
‘‘(A) obtain the information from retailers or commer-
cial information sources; and
‘‘(B) use valid statistical sampling procedures, if
necessary.
‘‘(3) ADJUSTMENTS.—In providing information on retail
prices under this section, the Secretary may make adjustments
to take into account differences in—
‘‘(A) the geographic location of consumption;
‘‘(B) the location of the principal source of supply;
‘‘(C) distribution costs; and
‘‘(D) such other factors as the Secretary determines
reflect a verifiable comparative retail price for a representa-
tive food product.
‘‘(e) ADMINISTRATION.—The Secretary—
H. R. 1906—71
‘‘(1) shall collect information under this section only on
a voluntary basis; and
‘‘(2) shall not impose a penalty on a person for failure
to provide the information or otherwise compel a person to
provide the information.
‘‘SEC. 258. SUSPENSION AUTHORITY REGARDING SPECIFIC TERMS OF
PRICE REPORTING REQUIREMENTS.
‘‘(a) IN GENERAL.—The Secretary may suspend any requirement
of this subtitle if the Secretary determines that application of the
requirement is inconsistent with the purposes of this subtitle.
‘‘(b) SUSPENSION PROCEDURE.—
‘‘(1) PERIOD.—A suspension under subsection (a) shall be
for a period of not more than 240 days.
‘‘(2) ACTION
BY
CONGRESS.—If an Act of Congress con-
cerning the requirement that is the subject of the suspension
under subsection (a) is not enacted by the end of the period
of the suspension established under paragraph (1), the Sec-
retary shall implement the requirement.
‘‘SEC. 259. FEDERAL PREEMPTION.
‘‘In order to achieve the goals, purposes, and objectives of
this title on a nationwide basis and to avoid potentially conflicting
State laws that could impede the goals, purposes, or objectives
of this title, no State or political subdivision of a State may impose
a requirement that is in addition to, or inconsistent with, any
requirement of this subtitle with respect to the submission or
reporting of information, or the publication of such information,
on the prices and quantities of livestock or livestock products.’’.
SEC. 912. UNJUST DISQUALIFICATION.
Section 202(b) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192(b)), is amended by striking ‘‘whatsoever’’ each place
it appears.
SEC. 913. CONFORMING AMENDMENTS.
(a) Section 416 of the Packers and Stockyards Act, 1921 (7
U.S.C. 229a), is repealed.
(b) Section 1127 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 1999 (7 U.S.C. 1421 note; Public Law 105–277), is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) EXPORT MARKET REPORTING.—The Secretary shall—
‘‘(1) implement a streamlined electronic system for col-
lecting export sales and shipments data, in the least intrusive
manner possible, for fresh or frozen muscle cuts of meat food
products; and
‘‘(2) develop a data-reporting program to disseminate sum-
mary information in a timely manner (in the case of beef,
consistent with the reporting under section 602(a) of the Agri-
cultural Trade Act of 1978 (7 U.S.C. 5712(a))).’’; and
(2) in subsection (c), by striking ‘‘this section of the Act’’
and inserting ‘‘subsection (b)’’.
H. R. 1906—72
Subtitle B—Related Beef Reporting
Provisions
SEC. 921. BEEF EXPORT REPORTING.
Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C.
5712(a)(1)) is amended by inserting ‘‘, beef,’’ after ‘‘cotton’’.
SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PROD-
UCTS.
Not later than 1 year after the date of the enactment of this
Act, the Secretary of Agriculture shall fully implement a program,
through the use of a streamlined electronic online system, to issue
and report export certificates for all meat and meat products.
SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE.
(a) IN GENERAL.—The Secretary of Agriculture shall—
(1) obtain information regarding the import of beef and
beef variety meats (consistent with the information categories
reported for beef exports under section 602(a) of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle using
available information sources; and
(2) publish the information in a timely manner weekly
and in a form that maximizes the utility of the information
to beef producers, packers, and other market participants.
(b) 
CONTENT.—The 
published 
information 
shall 
include
information reporting the year-to-date cumulative annual imports
of beef, beef variety meats, and cattle for the current and prior
marketing years.
SEC. 924. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out sections 922 and 923.
Subtitle C—Related Swine Reporting
Provisions
SEC. 931. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT.
(a) IN GENERAL.—Effective beginning not later than 90 days
after the date of the enactment of this Act, the Secretary of Agri-
culture shall publish on a monthly basis the Hogs and Pigs Inven-
tory Report.
(b) GESTATING SOWS.—The Secretary shall include in a separate
category of the Report the number of bred female swine that are
assumed, or have been confirmed, to be pregnant during the
reporting period.
(c) PHASE-OUT.—Effective for a period of eight quarters after
the implementation of the monthly report required under subsection
(a), the Secretary shall continue to maintain and publish on a
quarterly basis the Hogs and Pigs Inventory Report published on
or before the date of the enactment of this Act.
SEC. 932. BARROW AND GILT SLAUGHTER.
(a) IN GENERAL.—The Secretary of Agriculture shall promptly
obtain and maintain, through an appropriate collection system or
valid sampling system at packing plants, information on the total
H. R. 1906—73
slaughter of swine that reflects differences in numbers between
barrows and gilts, as determined by the Secretary.
(b) AVAILABILITY.—The information shall be made available
to swine producers, packers, and other market participants in a
report published by the Secretary not less frequently than weekly.
(c) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall administer the collec-
tion and compilation of information, and the publication of
the report, required by this section.
(2) NONDELEGATION.—The Secretary shall not delegate the
collection, compilation, or administration of the information
required by this section to any packer (as defined in section
201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)).
SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT.
(a) IN GENERAL.—The Secretary of Agriculture shall contract
with a qualified contractor to conduct a correlation study and pre-
pare a report establishing a baseline and standards for determining
and improving average trim loss measurements and processing
techniques for pork processors to employ in the slaughter of swine.
(b) CORRELATION STUDY AND REPORT.—The study and report
shall—
(1) analyze processing techniques that would assist the
pork processing industry in improving procedures for uniformity
and transparency in how trim loss is discounted (in dollars
per hundred pounds carcass weight) by different packers and
processors;
(2) analyze slaughter inspection procedures that could be
improved so that trimming procedures and policies of the Sec-
retary are uniform to the maximum extent determined prac-
ticable by the Secretary;
(3) determine how the Secretary may be able to foster
improved breeding techniques and animal handling and
transportation procedures through training programs made
available to swine producers so as to minimize trim loss in
slaughter processing; and
(4) make recommendations that are designed to effect
changes in the pork industry so as to achieve continuous
improvement in average trim losses and discounts.
(c) SUBSEQUENT REPORTS ON STATUS OF IMPROVEMENTS AND
UPDATES IN BASELINE.—Not less frequently than once every 2 years
after the initial publication of the report required under this section,
the Secretary shall make subsequent periodic reports that—
(1) examine the status of the improvement in reducing
trim loss discounts in the pork processing industry; and
(2) update the baseline to reflect changes in trim loss
discounts.
(d) SUBMISSION
OF
REPORTS
TO
CONGRESS, PRODUCERS,
PACKERS, AND OTHERS.—The reports required under this section
shall be made available to—
(1) the public on the Internet;
(2) the Committee on Agriculture of the House of Rep-
resentatives;
(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(4) producers and packers; and
(5) other market participants.
H. R. 1906—74
SEC. 934. SWINE PACKER MARKETING CONTRACTS.
Title II of the Packers and Stockyards Act, 1921 (7 U.S.C.
191 et seq.) is amended—
(1) by inserting before section 201 (7 U.S.C. 191) the
following:
‘‘Subtitle A—General Provisions’’;
and
(2) by adding at the end the following:
‘‘Subtitle B—Swine Packer Marketing
Contracts
‘‘SEC. 221. DEFINITIONS.
‘‘Except as provided in section 223(a), in this subtitle:
‘‘(1) MARKET.—The term ‘market’ means the sale or disposi-
tion of swine, pork, or pork products in commerce.
‘‘(2) PACKER.—The term ‘packer’ has the meaning given
the term in section 231 of the Agricultural Marketing Act
of 1946.
‘‘(3) PORK.—The term ‘pork’ means the meat of a porcine
animal.
‘‘(4) PORK
PRODUCT.—The term ‘pork product’ means a
product or byproduct produced or processed in whole or in
part from pork.
‘‘(5) STATE.—The term ‘State’ means each of the 50 States.
‘‘(6) SWINE.—The term ‘swine’ means a porcine animal
raised to be a feeder pig, raised for seedstock, or raised for
slaughter.
‘‘(7) TYPE OF CONTRACT.—The term ‘type of contract’ means
the classification of contracts or risk management agreements
for the purchase of swine by—
‘‘(A) the mechanism used to determine the base price
for swine committed to a packer, grouped into practicable
classifications by the Secretary (including swine or pork
market formula purchases, other market formula pur-
chases, and other purchase arrangements); and
‘‘(B) the presence or absence of an accrual account
or ledger that must be repaid by the producer or packer
that receives the benefit of the contract pricing mechanism
in relation to negotiated prices.
‘‘(8) OTHER TERMS.—Except as provided in this subtitle,
a term has the meaning given the term in section 212 or
231 of the Agricultural Marketing Act of 1946.
‘‘SEC. 222. SWINE PACKER MARKETING CONTRACTS OFFERED TO PRO-
DUCERS.
‘‘(a) IN GENERAL.—Subject to the availability of appropriations
to carry out this section, the Secretary shall establish and maintain
a library or catalog of each type of contract offered by packers
to swine producers for the purchase of all or part of the producers’
production of swine (including swine that are purchased or com-
mitted for delivery), including all available noncarcass merit pre-
miums.
H. R. 1906—75
‘‘(b) AVAILABILITY.—The Secretary shall make available to swine
producers and other interested persons information on the types
of contracts described in subsection (a), including notice (on a real-
time basis if practicable) of the types of contracts that are being
offered by each individual packer to, and are open to acceptance
by, producers for the purchase of swine.
‘‘(c) CONFIDENTIALITY.—The reporting requirements under sub-
sections (a) and (b) shall be subject to the confidentiality protections
provided under section 251 of the Agricultural Marketing Act of
1946.
‘‘(d) INFORMATION COLLECTION.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) obtain (by a filing or other procedure required
of each individual packer) information indicating what
types of contracts for the purchase of swine are available
from each packer; and
‘‘(B) make the information available in a monthly
report to swine producers and other interested persons.
‘‘(2) CONTRACTED SWINE NUMBERS.—Each packer shall pro-
vide, and the Secretary shall collect and publish in the monthly
report 
required 
under 
paragraph 
(1)(B), 
information
specifying—
‘‘(A) the types of existing contracts for each packer;
‘‘(B) the provisions contained in each contract that
provide for expansion in the numbers of swine to be deliv-
ered under the contract for the following 6-month and
12-month periods;
‘‘(C) an estimate of the total number of swine com-
mitted by contract for delivery to all packers within the
6-month and 12-month periods following the date of the
report, reported by reporting region and by type of contract;
and
‘‘(D) an estimate of the maximum total number of
swine that potentially could be delivered within the 6-
month and 12-month periods following the date of the
report under the provisions described in subparagraph (B)
that are included in existing contracts, reported by
reporting region and by type of contract.
‘‘(e) VIOLATIONS.—It shall be unlawful and a violation of this
title for any packer to willfully fail or refuse to provide to the
Secretary accurate information required under, or to willfully fail
or refuse to comply with any requirement of, this section.
‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as necessary to carry out this section.
‘‘SEC. 223. REPORT ON THE SECRETARY’S JURISDICTION, POWER,
DUTIES, AND AUTHORITIES.
‘‘(a) DEFINITION OF PACKER.—In this section, the term ‘packer’
has the meaning given the term in section 201 of the Packers
and Stockyards Act, 1921 (7 U.S.C. 191).
‘‘(b) REPORT.—Not later than 90 days after the date of the
enactment of this subtitle, the Comptroller General of the United
States shall provide to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the jurisdiction,
powers, duties, and authorities of the Secretary that relate to
packers and other persons involved in procuring, slaughtering, or
H. R. 1906—76
processing swine, pork, or pork products that are covered by this
Act and other laws, including—
‘‘(1) the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), especially sections 6, 8, 9, and 10 of that Act (15 U.S.C.
46, 48, 49, and 50); and
‘‘(2) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.).
‘‘(c) CONTENTS.—The Comptroller General shall include in the
report an analysis of—
‘‘(1) burdens on and obstructions to commerce in swine,
pork, and pork products by packers, and other persons that
enter into arrangements with the packers, that are contrary
to, or do not protect, the public interest;
‘‘(2) noncompetitive pricing arrangements between or
among packers, or other persons involved in the processing,
distribution, or sale of pork and pork products, including
arrangements provided for in contracts for the purchase of
swine;
‘‘(3) the effective monitoring of contracts entered into
between packers and swine producers;
‘‘(4) investigations that relate to, and affect, the disclosure
of—
‘‘(A) transactions involved in the business conduct and
practices of packers; and
‘‘(B) the pricing of swine paid to producers by packers
and the pricing of products in the pork and pork product
merchandising chain;
‘‘(5) the adequacy of the authority of the Secretary to pre-
vent a packer from unjustly or arbitrarily refusing to offer
a producer, or disqualifying a producer from eligibility for,
a particular contract or type of contract for the purchase of
swine; and
‘‘(6) the ability of the Secretary to cooperate with and
enhance the enforcement of actions initiated by other Federal
departments and agencies, or Federal independent agencies,
to protect trade and commerce in the pork and pork product
industries against unlawful restraints and monopolies.’’.
SEC. 935. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle and the amendments made
by this subtitle.
Subtitle D—Implementation
SEC. 941. REGULATIONS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Agriculture shall publish
final regulations to implement this title and the amendments made
by this title.
(b) PUBLICATION OF PROPOSED REGULATIONS.—Not later than
90 days after the date of the enactment of this Act, the Secretary
shall publish proposed regulations to implement this title and the
amendments made by this title.
(c) COMMENT PERIOD.—The Secretary shall provide an oppor-
tunity for comment on the proposed regulations during the 30-
H. R. 1906—77
day period beginning on the date of the publication of the proposed
regulations.
(d) FINAL REGULATIONS.—Not later than 60 days after the
conclusion of the comment period, the Secretary shall publish the
final regulations and implement this title and the amendments
made by this title.
SEC. 942. TERMINATION OF AUTHORITY.
The authority provided by this title and the amendments made
by this title terminate 5 years after the date of the enactment
of this Act.
This Act may be cited as the ‘‘Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 2000’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.