I 
110TH CONGRESS 
1ST SESSION H. R. 2135 
To enhance fair and open competition in the production and sale of 
agricultural commodities. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 3, 2007 
Mr. BOSWELL (for himself, Mrs. CUBIN, Ms. KAPTUR, Mr. BRALEY of Iowa, 
and Mr. LOEBSACK) introduced the following bill; which was referred to 
the Committee on Agriculture 
A BILL 
To enhance fair and open competition in the production 
and sale of agricultural commodities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Competitive and Fair Agricultural Markets Act of 
2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AGRICULTURAL FAIR PRACTICES 
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Sec. 101. Agricultural fair practices. 
Sec. 102. Application. 
TITLE II—PACKERS AND STOCKYARDS 
Sec. 201. Investigation of live poultry dealers. 
Sec. 202. No competitive injury requirement. 
Sec. 203. Attorneys’ fees. 
Sec. 204. Appointment of outside counsel. 
Sec. 205. Regulations. 
TITLE I—AGRICULTURAL FAIR 
PRACTICES 
SEC. 101. AGRICULTURAL FAIR PRACTICES. 
The Agricultural Fair Practices Act of 1967 (7 
U.S.C. 2301 et seq.) is amended to read as follows: 
‘‘SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
‘‘(a) IN GENERAL.—This Act may be cited as the 
‘Agricultural Fair Practices Act of 1967’. 
‘‘(b) TABLE OF CONTENTS.—The table of contents 
of this Act is as follows: 
‘‘Sec. 1. Short title; table of contents. 
‘‘Sec. 2. Definitions. 
‘‘TITLE I—AGRICULTURAL TRADE PRACTICES 
‘‘Sec. 101. Office of Special Counsel for Competition Matters. 
‘‘TITLE II—PROHIBITIONS ON ANY UNFAIR, UNJUSTLY DISCRIMI-
NATORY, OR DECEPTIVE ACT, DEVICE, OR ANTI-COMPETITIVE 
PRACTICE IN AGRICULTURAL COMMERCE 
‘‘Sec. 201. Prohibitions involving crops. 
‘‘Sec. 202. Prohibitions involving producer associations and production con-
tracts. 
‘‘Sec. 203. Production contracts and marketing contracts. 
‘‘Sec. 204. Production contracts. 
‘‘Sec. 205. Authority of Secretary to promulgate rules and regulations. 
‘‘Sec. 206. Enforcement. 
‘‘Sec. 207. Effect on other laws. 
‘‘Sec. 208. Assignment of association dues and fees. 
‘‘Sec. 209. Severability. 
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‘‘SEC. 2. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) AGRICULTURAL COMMODITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘agricultural com-
modity’ has the meaning given the term in sec-
tion 102 of the Agricultural Trade Act of 1978 
(7 U.S.C. 5602). 
‘‘(B) EXCEPTION.—In section 201, the 
term ‘agricultural commodity’— 
‘‘(i) means a crop; and 
‘‘(ii) does not include a perishable ag-
ricultural commodity, as that term is de-
fined in section 1(b) of the Perishable Ag-
ricultural 
Commodities 
Act, 
1930 
(7 
U.S.C. 499a(b)). 
‘‘(2) AGRICULTURAL COOPERATIVE.—The term 
‘agricultural cooperative’ means an association of 
persons engaged in the production, marketing, or 
processing of an agricultural commodity that meets 
the requirements of the Act entitled ‘An Act to au-
thorize association of producers of agricultural prod-
ucts’ (commonly known as the ‘Capper-Volstead 
Act’) (7 U.S.C. 291 et seq.). 
‘‘(3) ASSOCIATION OF PRODUCERS.— 
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‘‘(A) IN GENERAL.—The term ‘association 
of producers’ means an association of producers 
of agricultural commodities that engages in the 
marketing, bargaining, shipping, or processing 
of agricultural commodities or of agricultural 
services. 
‘‘(B) INCLUSIONS.—The term ‘association 
of producers’ includes— 
‘‘(i) an organization dedicated to pro-
moting the common interest and general 
welfare of producers of agricultural com-
modities; 
‘‘(ii) a cooperative association (as de-
fined in section 15(a) of the Agricultural 
Marketing Act (12 U.S.C. 1141j(a))); and 
‘‘(iii) an association described in the 
first section of the Act entitled ‘An Act to 
authorize association of producers of agri-
cultural products’ (commonly known as the 
‘Capper-Volstead Act’) (7 U.S.C. 291). 
‘‘(4) CAPITAL INVESTMENT.—The term ‘capital 
investment’ means an investment in— 
‘‘(A) a structure, such as a building or ma-
nure storage structure; or 
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‘‘(B) machinery or equipment associated 
with producing an agricultural commodity that 
has a useful life of more than 1 year. 
‘‘(5) COMMISSION MERCHANT.—The term ‘com-
mission merchant’ means any person engaged in the 
business of receiving in interstate or foreign com-
merce any agricultural commodity for sale on com-
mission. 
‘‘(6) CONTRACT
LIVESTOCK
FACILITY.—The 
term ‘contract livestock facility’ means a facility in 
which livestock or a product of live livestock is pro-
duced under a production contract by a contract 
producer. 
‘‘(7) 
CONTRACTOR.—The 
term 
‘contractor’ 
means a person that, in accordance with a produc-
tion contract, owns, or will own, an agricultural 
commodity that is produced by a contract producer. 
‘‘(8) CONTRACT
PRODUCER.—The term ‘con-
tract producer’ means a producer that produces an 
agricultural commodity under a production contract. 
‘‘(9) COVERED
PERSON.—The term ‘covered 
person’ means a dealer, handler, contractor, proc-
essor, or commission merchant. 
‘‘(10) CROP.—The term ‘crop’ means an agri-
cultural commodity produced from a plant. 
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‘‘(11) DEALER.—The term ‘dealer’ means any 
person engaged in the business of buying, selling, or 
marketing agricultural commodities in interstate or 
foreign commerce. 
‘‘(12) DEPARTMENT.—The term ‘Department’ 
means the Department of Agriculture. 
‘‘(13) HANDLER.—The term ‘handler’ means 
any person engaged in the business or practice of— 
‘‘(A) acquiring agricultural commodities 
from producers or associations of producers for 
processing or sale; 
‘‘(B) grading, packaging, handling, storing, 
or processing agricultural commodities received 
from producers or associations of producers; 
‘‘(C) contracting or negotiating contracts 
or other arrangements, written or oral, with or 
on behalf of producers or associations of pro-
ducers with respect to the production or mar-
keting of any agricultural commodity; or 
‘‘(D) acting as an agent or broker for a 
handler in the performance of any function or 
act described in subparagraph (A), (B), or (C). 
‘‘(14) INVESTMENT REQUIREMENT.—The term 
‘investment requirement’ means a provision in a pro-
duction contract that requires a contract producer to 
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