I 
118TH CONGRESS 
1ST SESSION H. R. 4979 
To regulate market concentration and competition in the food and agriculture 
industry, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2023 
Mr. CASAR (for himself, Mr. BLUMENAUER, Ms. ADAMS, Mr. BOWMAN, Ms. 
BUDZINSKI, Ms. BUSH, Mr. DELUZIO, Mr. DOGGETT, Mr. FROST, Mr. 
GARAMENDI, Mr. GARCI´A of Illinois, Ms. JACKSON LEE, Ms. JAYAPAL, 
Mr. JOHNSON
of Georgia, Mr. MCGOVERN, Ms. SA´NCHEZ, Mr. 
THANEDAR, Ms. TLAIB, and Mr. VARGAS) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To regulate market concentration and competition in the 
food and agriculture industry, and for other purposes. 
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 
‘‘Fairness for Small-Scale Farmers and Ranchers Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—MORATORIUM ON AND REVIEW OF LARGE AGRI-
BUSINESS, FOOD AND BEVERAGE MANUFACTURING, AND GRO-
CERY RETAIL MERGERS 
Sec. 101. Moratorium on large agribusiness, food and beverage manufacturing, 
and grocery retail mergers. 
Sec. 102. Retroactive review of large agribusiness, food and beverage manufac-
turing, and grocery retail mergers. 
TITLE II—FARM SYSTEM REFORMS 
Sec. 201. Local agriculture market program. 
Sec. 202. Restoration of mandatory country of origin labeling for beef and 
pork; inclusion of dairy products. 
Sec. 203. Definitions in Packers and Stockyards Act, 1921. 
Sec. 204. Unlawful practices. 
Sec. 205. Spot market purchases of livestock by packers. 
Sec. 206. Investigation of live poultry dealers. 
Sec. 207. Ensuring fair practices in agriculture. 
Sec. 208. Award of attorney fees. 
Sec. 209. Review and report on fragility and national security in the food sys-
tem. 
Sec. 210. Technical amendments. 
TITLE III—PROVIDING RESOURCES FOR BEGINNING, RETIRING, 
AND SOCIALLY DISADVANTAGED FARMERS AND RANCHERS 
Sec. 301. Reauthorization and increased funding for beginning, retiring, and 
socially disadvantaged farmers and ranchers. 
TITLE IV—LIVESTOCK, DAIRY, AND POULTRY SUPPLY CHAIN 
INFRASTRUCTURE 
Sec. 401. Livestock, dairy, and poultry supply chain infrastructure grants and 
loans. 
Sec. 402. Pilot program for increased accessibility to inspection and technical 
assistance for eligible processing facilities. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Concentration in the food and agricultural 
economy, including mergers, acquisitions, and other 
combinations and alliances among suppliers, pack-
ers, integrators, other food processors, distributors, 
and retailers has been accelerating at a rapid pace 
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since the 1980s, and particularly since the 2007 
through 2009 recession. 
(2) The trend toward greater concentration in 
food and agriculture has important and far reaching 
implications not only for family farmers, but also for 
food chain workers, the food we eat, the commu-
nities we live in, the integrity of the natural environ-
ment upon which we all depend, and for our collec-
tive public health. 
(3) The infant formula industry, for example, 
has reached an alarming level of corporate con-
centration with 4 companies now controlling nearly 
90 percent of the infant formula market. A disrup-
tion in the supply of just 1 infant formula producer 
now presents a grave risk to infant health in the 
United States. 
(4) In the past 4 decades, the top 4 largest 
pork packers have seized control of 70 percent of the 
market, up from 36 percent. Over the same period, 
the top 4 beef packers have expanded their market 
share from 32 percent to 85 percent. The top 4 flour 
millers have increased their market share from 40 
percent to 64 percent. The market share of the top 
4 soybean crushers has jumped from 54 percent to 
79 percent, and the top 4 wet corn processors con-
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trol of the market has increased from 63 percent to 
86 percent. 
(5) Today the top 4 sheep, poultry, and fluid 
milk processors now control 62 percent, 54 percent, 
and 50 percent of the market, respectively. 
(6) The top 4 grain companies today control as 
much as 90 percent of the global grain trade. 
(7) During the past 5 years there has been a 
wave of consolidation among global seed and crop- 
chemical firms, 3 companies now control nearly 2/3 
of the world’s commodity crop seeds. Those same 3 
companies now also control nearly 70 percent of all 
agricultural chemicals and pesticides. 
(8) In the United States, the 4 largest corn 
seed sellers accounted for 85 percent of the market 
in 2015, up from 60 percent in 2000. Over the past 
20 years, the cost for an acre’s worth of seeds for 
an average corn farmer has nearly quadrupled, and 
the cost of fertilizer has more than doubled. Yet 
corn yields increased only 36 percent over that time, 
and the price received for the sale of a bushel of 
corn increased only 31 percent. 
(9) A handful of firms dominate the processing 
of every major commodity. Many of them are 
vertically integrated, which means that they control 
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successive stages of the food chain, from inputs to 
production to distribution. The growing number and 
scale of cross-border agribusiness and food mergers 
have put foreign firms, often with considerable gov-
ernment backing, into prominent and even dominant 
positions in the United States beef, hog, poultry, 
seed, fertilizer, and agrichemical sectors. 
(10) Growing concentration of the agricultural 
sector has restricted choices for farmers trying to 
sell their products. As the bargaining power of agri-
business firms over farmers increases, concentrated 
agricultural commodity markets are stacked against 
the farmer, with buyers of agricultural commodities 
often possessing regional dominance in the form of 
oligopsony or monopsony relative to sellers of such 
commodities. 
(11) The high concentration and consolidation 
of buyers in agricultural markets has resulted in the 
thinning of both cash and future markets, thereby 
allowing dominant buyers to leverage their market 
shares to move those markets to the detriment of 
family farmers and ranchers. 
(12) 
Buyers 
with 
oligopsonistic 
or 
monopsonistic power have incentives to engage in 
unfair and discriminatory acts that cause farmers to 
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receive less than a competitive price for their goods. 
At the same time, some Federal courts have incor-
rectly required a plaintiff to show harm to competi-
tion generally, in addition to harm to the individual 
farmer, when making a determination that an un-
fair, unjustly discriminatory, deceptive, or pref-
erential act exists under the Packers and Stockyards 
Act of 1921. 
(13) The farmer’s share of every retail dollar 
has plummeted from 41 percent in 1950, to less 
than 15 percent today, while the profit share for 
farm input, marketing, and processing companies 
has risen. 
(14) While agribusiness conglomerates are post-
ing record earnings, farmers are facing desperate 
times. Since 2013, net farm income for United 
States farmers has fallen by more than half and me-
dian on farm income was negative in 2020. 
(15) The benefits of low commodity prices are 
not being passed on to American consumers. The 
gap between what shoppers pay for food and what 
farmers are paid is growing wider. 
(16) The steadily rising price of food has out-
paced growth in incomes for typical workers. Since 
the Great Recession, the annual growth of real 
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prices for food at the supermarket have risen nearly 
3 times faster than typical earnings. 
(17) There is a growing consensus that eco-
nomic consolidation contributes to the widening gap 
in economic opportunity in the United States and 
bigger, more dominant firms are more likely to de-
liver profits to investors than to raise wages or bene-
fits. Mega-mergers in the food and agribusiness in-
dustries can lead to growing monopsony power abuse 
resulting in wage suppression, along with massive 
layoffs as companies shutter factories and facilities, 
harming working families and communities. 
(18) Concentration, low prices, anticompetitive 
practices, and other manipulations and abuses of the 
agricultural economy are driving small family farm-
ers out of business. Farmers are going bankrupt or 
giving up, and few are taking their places; more 
farm families are having to rely on other jobs to stay 
afloat. Seventy-nine percent of farm household in-
come came from off farm work in 2020, up from 53 
percent in 1960. 
(19) Eighty-one percent of America’s farmed 
cropland is now controlled by 15 percent of farms, 
and the number of farmers leaving the land will con-
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tinue to increase unless and until these trends are 
reversed. 
(20) The decline of small family farms under-
mines the economies of rural communities across 
America; it has pushed Main Street businesses, from 
equipment suppliers to small banks, out of business 
or to the brink of insolvency. 
(21) Increased concentration in the agribusiness 
sector has a harmful effect on the environment; cor-
porate hog farming, for example, threatens the in-
tegrity of local water supplies and creates noxious 
odors in neighboring communities. Concentration 
also can increase the risks to food safety and limit 
the biodiversity of plants and animals. 
(22) The decline of family farming poses a di-
rect threat to American families and family values, 
by subjecting farm families to turmoil and stress. 
Farm advocates across the country are reporting an 
increase in farmer suicides over the past several 
years. 
(23) The decline of family farming causes the 
demise of rural communities, as stores lose cus-
tomers, churches lose congregations, schools and 
clinics become under-used, career opportunities for 
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young people dry up, and local inequalities of wealth 
and income grow wider. 
(24) These developments are not the result of 
inevitable market forces. Its problems arise rather 
from policies made in Washington, including farm, 
antitrust, and trade policies. 
(25) Past congressional action to remediate 
market failure, such as enacting country-of-origin la-
beling to provide transparency for domestic farmers, 
ranchers, and consumers regarding agricultural com-
modity origins, have been overturned for key com-
modities by oligopolistic conglomerates that use un-
differentiated imports to reduce domestic farm 
prices. 
(26) To restore competition in the agricultural 
economy, and to increase the bargaining power and 
enhance economic prospects for family farmers, the 
trend toward concentration must be reversed. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGRICULTURAL
INPUT
SUPPLIER.—The 
term ‘‘agricultural input supplier’’ means any person 
(excluding agricultural cooperatives) engaged in the 
business of selling, in interstate or foreign com-
merce, any product to be used as an input (including 
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seed, germ plasm, hormones, antibiotics, fertilizer, 
and chemicals, but excluding farm machinery) for 
the production of any agricultural commodity, except 
that no person shall be considered an agricultural 
input supplier if sales of such products are for a 
value less than $10,000,000 per year. 
(2) BROKER.—The term ‘‘broker’’ means any 
person engaged in the business of negotiating sales 
and purchases of any agricultural commodity in 
interstate or foreign commerce for or on behalf of 
the vendor or the purchaser, except that no person 
shall be considered a broker if the only sales of such 
commodities are for a value less than $10,000,000 
per year. 
(3) 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, or for or on behalf of another, except that 
no person shall be considered a commission mer-
chant if the only sales of such commodities are for 
a value less than $10,000,000 per year. 
(4) DEALER.—The term ‘‘dealer’’ means any 
person (excluding agricultural cooperatives) engaged 
in the business of buying, selling, or marketing agri-
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cultural commodities in interstate or foreign com-
merce, except that— 
(A) no person shall be considered a dealer 
with respect to sales or marketing of any agri-
cultural commodity of that person’s own rais-
ing; and 
(B) no person shall be considered a dealer 
if the only sales of such commodities are for a 
value less than $10,000,000 per year. 
(5) DISTRIBUTOR.—The term ‘‘distributor’’ 
means any entity engaged in the business of distrib-
uting agricultural products from producers or manu-
facturers to consumers, restaurants, or retailers. 
(6) 
INTEGRATOR.—The 
term 
‘‘integrator’’ 
means an entity that contracts with farmers for 
grower services to raise chickens or hogs to slaugh-
ter size and weight. The integrator owns the chick-
ens or hogs, supplies the feed, slaughters, and fur-
ther processes the poultry or pork. 
(7) PROCESSOR.—The term ‘‘processor’’ means 
any person (excluding agricultural cooperatives) en-
gaged in the business of handling, preparing, or 
manufacturing (including slaughtering and food and 
beverage manufacturing) of an agricultural com-
modity, or the products of such agricultural com-
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modity, for sale or marketing for human consump-
tion, except that no person shall be considered a 
processor if the only sales of such products are for 
a value less than $10,000,000 per year. 
(8) RETAILER.—The term ‘‘retailer’’ means any 
person (excluding agricultural cooperatives, coopera-
tive retailers, and cooperative distributers) licensed 
as a retailer under the Perishable Agriculture Com-
modities Act of 1930 (7 U.S.C. 499a(b)), except 
that no person shall be considered a retailer if the 
only sales of such products are for a value less than 
$10,000,000 per year. 
TITLE I—MORATORIUM ON AND 
REVIEW 
OF 
LARGE 
AGRI-
BUSINESS, FOOD AND BEV-
ERAGE 
MANUFACTURING, 
AND GROCERY RETAIL MERG-
ERS 
SEC. 101. MORATORIUM ON LARGE AGRIBUSINESS, FOOD 
AND BEVERAGE MANUFACTURING, AND GRO-
CERY RETAIL MERGERS. 
(a) IN GENERAL.— 
(1) MORATORIUM.—Until the date referred to 
in paragraph (2) and except as provided in sub-
section (b)— 
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(A) no dealer, processor, commission mer-
chant, agricultural input supplier, broker, or 
operator of a warehouse of agricultural com-
modities or retailer with annual net sales or 
total assets of more than $222,000,000 shall 
merge or acquire, directly or indirectly, any vot-
ing securities or assets of any other dealer, 
processor, commission merchant, agricultural 
input supplier, broker, or operator of a ware-
house of agricultural commodities or retailer 
with annual net sales or total assets of more 
than $22,000,000; and 
(B) no dealer, processor, commission mer-
chant, agricultural input supplier, broker, or 
operator of a warehouse of agricultural com-
modities or retailer with annual net sales or 
total assets of more than $22,000,000 shall 
merge or acquire, directly or indirectly, any vot-
ing securities or assets of any other dealer, 
processor, commission merchant, agricultural 
input supplier, broker, or operator of a ware-
house of agricultural commodities or retailer 
with annual net sales or total assets of more 
than $222,000,000 if the acquiring person 
would hold— 
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(i) 15 percent or more of the voting 
securities or assets of the acquired person; 
or 
(ii) an aggregate total amount of the 
voting securities and assets of the acquired 
person in excess of $21,000,000. 
(2) DATE.—The date referred to in this para-
graph is the effective date of comprehensive legisla-
tion enacted on or after the date on which the re-
views referred to in section 102(a) are completed— 
(A) for addressing the problem of market 
concentration in the food and agricultural sec-
tor; and 
(B) that terminates the moratorium under 
paragraph (1). 
(b) WAIVER AUTHORITY.—The Attorney General 
shall have authority to waive the moratorium imposed by 
subsection (a) only under extraordinary circumstances, 
such as insolvency or similar financial distress of 1 of the 
affected parties. 
(c) EXEMPTIONS.—The classes of transactions de-
scribed in section 7A(c) of the Clayton Act (15 U.S.C. 
18a(c)) are exempt from subsection (a). 
(d) AVOIDANCE.—Any transaction or other device en-
tered into or employed for the purpose of avoiding the 
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moratorium contained in subsection (a) shall be dis-
regarded, and the application of the moratorium shall be 
determined by applying subsection (a) to the substance of 
the transaction. 
(e) RULEMAKING.—The Attorney General shall pro-
mulgate regulations that the Attorney General determines 
are necessary to implement this section. In making the 
determination under the preceding sentence, the Attorney 
General shall consult with the Federal Trade Commission. 
SEC. 102. RETROACTIVE REVIEW OF LARGE AGRIBUSINESS, 
FOOD 
AND 
BEVERAGE 
MANUFACTURING, 
AND GROCERY RETAIL MERGERS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Attorney General and 
the Federal Trade Commission shall review each merger 
that the Attorney General and the Federal Trade Commis-
sion have reviewed since January 1, 2006, that was sub-
ject to a premerger notification and waiting period pursu-
ant to section 7A of the Clayton Act (15 U.S.C. 18a) in 
which a dealer, processor, distributor, commission mer-
chant, agricultural input supplier, broker, or operator of 
a warehouse of agricultural commodities or retailer 
merged or acquired, directly or indirectly, any voting secu-
rities or assets of any other dealer, processor, distributor, 
commission merchant, agricultural input supplier, broker, 
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or operator of a warehouse of agricultural commodities or 
retailer. 
(b) UNWINDING.—The Attorney General and the 
Federal Trade Commission shall consider whether to un-
wind a merger reviewed under subsection (a) to restore 
competition, and may so unwind such merger, if the Attor-
ney General or the Federal Trade Commission determines 
that the merger brought material harm to— 
(1) competition nationally or in local markets; 
(2) farmers and ranchers; 
(3) workers; or 
(4) consumers. 
(c) INVESTIGATIVE AUTHORITY.—In conducting a re-
view of a merger under subsection (a), the Attorney Gen-
eral shall have the same power as the Federal Trade Com-
mission under section 6(b) of the Federal Trade Commis-
sion Act (15 U.S.C. 46(b)) with respect to such review. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to such other amounts as may be made available to 
the Federal Trade Commission and the Antitrust Division 
of the Department of Justice, there is authorized to be 
appropriated to carry out this section for fiscal year 2024 
and each fiscal year thereafter— 
(1) $50,000,000 for the Federal Trade Com-
mission; and 
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(2) $50,000,000 for the Antitrust Division of 
the Department of Justice. 
(e) FINES
AND PENALTIES.—The Federal Trade 
Commission and the Antitrust Division of the Department 
of Justice may use any funds from fines, penalties, and 
settlements not returned to consumers for their respective 
future operations. 
(f) ADDITIONAL APPROPRIATIONS.—To the extent 
there are insufficient funds from fines, penalties, settle-
ments, and fees received by the Federal Trade Commis-
sion and the Antitrust Division of the Department of Jus-
tice for the costs of their respective programs, projects, 
and activities, there are appropriated, out of monies in the 
Treasury not otherwise appropriated, for fiscal year 2024 
and each fiscal year thereafter such sums as are necessary 
for the costs of such programs, projects, and activities. 
TITLE II—FARM SYSTEM 
REFORMS 
SEC. 201. LOCAL AGRICULTURE MARKET PROGRAM. 
Section 210A(i)(1) of the Agricultural Marketing Act 
of 1946 (7 U.S.C. 1627c(i)(1)) is amended by striking 
‘‘fiscal year 2019’’ and inserting ‘‘each of fiscal years 
2024 and 2025, and $500,000,000 for fiscal year 2026’’. 
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(B) in subparagraph (B), by inserting 
‘‘(other than clause (xii) of that subpara-
graph)’’ after ‘‘subparagraph (A)’’; 
(4) by inserting after paragraph (2) (as so re-
designated) the following: 
‘‘(3) DAIRY PRODUCT.—The term ‘dairy prod-
uct’ means— 
‘‘(A) fluid milk; 
‘‘(B) cheese, including cottage cheese and 
cream cheese; 
‘‘(C) yogurt; 
‘‘(D) ice cream; 
‘‘(E) butter; and 
‘‘(F) any other dairy product.’’; and 
(5) by inserting after paragraph (7) (as so re-
designated) the following: 
‘‘(8) PORK.—The term ‘pork’ means meat pro-
duced from hogs.’’. 
(b) NOTICE
OF
COUNTRY
OF
ORIGIN.—Section 
282(a) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1638a(a)) is amended by adding at the end the 
following: 
‘‘(5) DESIGNATION
OF
COUNTRY
OF
ORIGIN 
FOR DAIRY PRODUCTS.— 
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‘‘(A) IN GENERAL.—A retailer of a covered 
commodity that is a dairy product shall des-
ignate the origin of the covered commodity as— 
‘‘(i) each country in which or from 
which the 1 or more dairy ingredients or 
dairy components of the covered com-
modity were produced, originated, or 
sourced; and 
‘‘(ii) each country in which the cov-
ered commodity was processed. 
‘‘(B) STATE, REGION, LOCALITY OF THE 
UNITED
STATES.—With respect to a covered 
commodity that is a dairy product produced ex-
clusively in the United States, designation by a 
retailer of the State, region, or locality of the 
United States where the covered commodity 
was produced shall be sufficient to identify the 
United States as the country of origin.’’. 
SEC. 203. DEFINITIONS IN PACKERS AND STOCKYARDS ACT, 
1921. 
Section 2(a) of the Packers and Stockyards Act, 
1921 (7 U.S.C. 182(a)), is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘When used in this Act—’’ and inserting 
‘‘In this Act:’’; 
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(2) in paragraph (8), by striking ‘‘for slaugh-
ter’’ and all that follows through ‘‘of such poultry’’ 
and inserting ‘‘under a poultry growing arrange-
ment, regardless of whether the poultry is owned by 
that person or another person’’; 
(3) in paragraph (9), by striking ‘‘and cares for 
live poultry for delivery, in accord with another’s in-
structions, for slaughter’’ and inserting ‘‘or cares for 
live poultry in accordance with the instructions of 
another person’’; 
(4) in each of paragraphs (1) through (9), by 
striking the semicolon at the end and inserting a pe-
riod; 
(5) in paragraph (10)— 
(A) by striking ‘‘for the purpose of either 
slaughtering it or selling it for slaughter by an-
other’’; and 
(B) by striking ‘‘; and’’ at the end and in-
serting a period; and 
(6) by adding at the end the following: 
‘‘(15) FORMULA PRICE.— 
‘‘(A) IN
GENERAL.—The term ‘formula 
price’ means any price term that establishes a 
base from which a purchase price is calculated 
on the basis of a price that will not be deter-
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mined or reported until a date that is after the 
date on which the forward price is established. 
‘‘(B) EXCLUSION.—The term ‘formula 
price’ does not include— 
‘‘(i) any price term that establishes a 
base from which a purchase price is cal-
culated on the basis of a futures market 
price; or 
‘‘(ii) any adjustment to the base for 
quality, grade, or other factors relating to 
the value of livestock or livestock products 
that are readily verifiable market factors 
and are outside the control of the packer. 
‘‘(16) FORWARD
CONTRACT.—The term ‘for-
ward contract’ means an oral or written contract for 
the purchase of livestock that provides for the deliv-
ery of the livestock to a packer at a date that is 
more than 7 days after the date on which the con-
tract is entered into, without regard to whether the 
contract is for— 
‘‘(A) a specified lot of livestock; or 
‘‘(B) a specified number of livestock over a 
certain period of time.’’. 
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SEC. 204. UNLAWFUL PRACTICES. 
(a) IN GENERAL.—Section 202 of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 192), is amended to read 
as follows: 
‘‘SEC. 202. UNLAWFUL ACTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BASE PRICE.— 
‘‘(A) IN GENERAL.—The term ‘base price’ 
means the price established in a poultry produc-
tion contract that corresponds to the stated 
value provided by the independent contract pro-
ducer under the terms of the contract, prior to 
the assessment of any performance-based pre-
mium or penalty. 
‘‘(B) SQUARE
FOOTAGE.—The price de-
scribed in subparagraph (A) may be established 
using the price per square foot of contracted 
farm infrastructure or price per pound of poul-
try production. 
‘‘(2) COOPERATIVE
ASSOCIATION
OF
PRO-
DUCERS.—The term ‘cooperative association of pro-
ducers’ means a cooperative association (as defined 
in section 15(a) of the Agricultural Marketing Act 
(12 U.S.C. 1141j(a))) engaged in marketing, bar-
gaining, shipping, or processing agricultural prod-
ucts. 
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‘‘(3) EXPECTED
PERFORMANCE
STANDARD.— 
The term ‘expected performance standard’ means, 
with respect to a poultry production contract, a 
standard established in the contract for the growth 
and health performance of live poultry under the 
management of an independent contract producer, 
which may include expected mortality, weight gain, 
or feed conversion efficiency. 
‘‘(4) INDEPENDENT
CONTRACT
PRODUCER.— 
The term ‘independent contract producer’ means an 
agricultural producer that— 
‘‘(A) enters into a contract to manage the 
production of an agricultural commodity owned 
by a live poultry dealer or another contracting 
party; and 
‘‘(B) is not a member of a cooperative as-
sociation of producers that has engaged in bar-
gaining with the other contracting party. 
‘‘(5) MINIMUM
PRICE.—The term ‘minimum 
price’ means a contractually guaranteed price floor 
within a poultry production contract below which the 
final price delivered to an independent contract pro-
ducer may not be reduced, including by perform-
ance-based penalties. 
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‘‘(6) PERFORMANCE-BASED
INCENTIVE
FOR-
MULA.—The term ‘performance-based incentive for-
mula’ means a formula designed to compare the real 
performance of live poultry being managed by an 
independent contract producer relative to an ex-
pected performance standard. 
‘‘(7) POULTRY PRODUCTION CONTRACT.—The 
term ‘poultry production contract’ means an oral or 
written contract established between a live poultry 
dealer and an independent contract producer in 
which the independent contract producer provides 
the land, farm infrastructure, or management labor 
of the independent contract producer to house and 
raise live poultry owned by the live poultry dealer. 
‘‘(b) GENERAL RULE.—It shall be unlawful for any 
packer or swine contractor with respect to livestock, 
meats, meat food products, or livestock products in un-
manufactured form, or for any live poultry dealer with re-
spect to live poultry, to do any of the following: 
‘‘(1) Engage in or use any unfair, unjustly dis-
criminatory, or deceptive practice or device. 
‘‘(2) Make or give any undue or unreasonable 
preference or advantage to any particular person or 
locality in any respect, or subject any particular per-
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‘‘(A) to apportion territory for carrying on 
business; 
‘‘(B) to apportion purchases or sales of 
any article; or 
‘‘(C) to manipulate or control prices. 
‘‘(7) Use, in effectuating any sale of livestock, 
a forward contract that— 
‘‘(A) does not contain a firm base price 
that may be equated to a fixed dollar amount 
on the date on which the forward contract is 
entered into; 
‘‘(B) is not offered for bid in an open, pub-
lic manner under which— 
‘‘(i) buyers and sellers have the oppor-
tunity to participate in the bid; 
‘‘(ii) more than 1 blind bid is solic-
ited; and 
‘‘(iii) buyers and sellers may witness 
bids that are made and accepted; 
‘‘(C) is based on a formula price; or 
‘‘(D) provides for the sale of livestock in a 
quantity in excess of— 
‘‘(i) in the case of cattle, 40 cattle; 
‘‘(ii) in the case of swine, 30 swine; 
and 
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‘‘(iii) in the case of another type of 
livestock, a comparable quantity of that 
type of livestock, as determined by the Sec-
retary. 
‘‘(8) Own or feed livestock directly, through a 
subsidiary, or through an arrangement that gives a 
packer operational, managerial, or supervisory con-
trol over the livestock, or over the farming operation 
that produces the livestock, to such an extent that 
the producer of the livestock is not materially par-
ticipating in the management of the operation with 
respect to the production of the livestock, except 
that this paragraph shall not apply to— 
‘‘(A) an arrangement entered into not 
more than 7 business days before slaughter of 
the livestock by a packer, a person acting 
through the packer, or a person that directly or 
indirectly controls, or is controlled by or under 
common control with, the packer; 
‘‘(B) a cooperative or entity owned by a co-
operative, if a majority of the ownership inter-
est in the cooperative is held by active coopera-
tive members that— 
‘‘(i) own, feed, or control the livestock; 
and 
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‘‘(ii) provide the livestock to the coop-
erative for slaughter; 
‘‘(C) a packer that is not required to re-
port to the Secretary on each reporting day (as 
defined in section 212 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1635a)) informa-
tion on the price and quantity of livestock pur-
chased by the packer; or 
‘‘(D) a packer that owns only 1 livestock 
processing plant. 
‘‘(9) Take any action that adversely affects or 
is likely to adversely affect competition, regardless of 
whether there is a business justification for the ac-
tion. 
‘‘(10) Conspire, combine, agree, or arrange with 
any other person to do, or aid or abet the doing of, 
any act made unlawful by paragraphs (1) through 
(9). 
‘‘(c) UNFAIR, DISCRIMINATORY, AND DECEPTIVE 
PRACTICES AND DEVICES.—Acts by a packer, swine con-
tractor, or live poultry dealer that violate subsection (b)(1) 
include the following: 
‘‘(1) Refusal to provide, on the request of a 
livestock producer, swine production contract grow-
er, or poultry grower with which the packer, swine 
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contractor, or live poultry dealer has a marketing or 
delivery contract, the relevant statistical information 
and data used to determine the compensation paid 
to the livestock producer, swine production contract 
grower, or poultry grower, as applicable, under the 
contract, including— 
‘‘(A) feed conversion rates by house, lot, or 
pen; 
‘‘(B) feed analysis; 
‘‘(C) breeder history; 
‘‘(D) quality grade; 
‘‘(E) yield grade; and 
‘‘(F) delivery volume for any certified 
branding program (such as programs for angus 
beef or certified grassfed or Berkshire pork). 
‘‘(2) Conduct or action that limits or attempts 
to limit by contract the legal rights and remedies of 
a livestock producer, swine production contract 
grower, or poultry grower, including the right— 
‘‘(A) to a trial by jury, unless the livestock 
producer, swine production contract grower, or 
poultry grower, as applicable, is voluntarily 
bound by an arbitration provision in a contract; 
‘‘(B) to pursue all damages available under 
applicable law; and 
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‘‘(C) to seek an award of attorneys’ fees, 
if available under applicable law. 
‘‘(3) Termination of a poultry growing arrange-
ment or swine production contract with no basis 
other than an allegation that the poultry grower or 
swine production contract grower failed to comply 
with an applicable law, rule, or regulation. 
‘‘(4) A representation, omission, or practice 
that is likely to mislead a livestock producer, swine 
production contract grower, or poultry grower re-
garding a material condition or term in a contract 
or business transaction. 
‘‘(d) UNDUE OR UNREASONABLE PREFERENCES, AD-
VANTAGES, PREJUDICES, AND DISADVANTAGES.— 
‘‘(1) IN GENERAL.—Acts by a packer, swine 
contractor, or live poultry dealer that violate sub-
section (b)(2) include the following: 
‘‘(A) The execution, termination, extension, 
or renewal of a contract or agreement that ma-
terially disadvantages a livestock producer, 
swine production contract grower, or poultry 
grower unless the packer, swine contractor, or 
live poultry dealer can show, by a preponder-
ance of the evidence, that the acts were pre-
dominantly motivated by— 
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‘‘(i) compliance with applicable regula-
tions; 
‘‘(ii) a distinct and materially disad-
vantageous change to the financial rela-
tionship with the livestock producer, swine 
production contract grower, or poultry 
grower; or 
‘‘(iii) the termination of operations in 
the geographic region by the packer, swine 
contractor, or live poultry dealer. 
‘‘(B) The failure to meet the requirements 
described in paragraph (2). 
‘‘(C) In the case of a poultry production 
contract that contains a performance-based in-
centive formula, the failure to meet the require-
ments described in paragraph (3). 
‘‘(2) PAYMENT BY SQUARE FOOTAGE.—The re-
quirements described in this paragraph are as fol-
lows: 
‘‘(A) Subject to subparagraph (B), a live 
poultry dealer shall structure any poultry pro-
duction contract in a manner that provides for 
payment by the square footage of the barn or 
facility space in which the live birds that are 
subject to the contract are reared and raised. 
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‘‘(B) In lieu of providing for payment by 
the square footage of the barn or facility space 
in which the live birds that are subject to the 
contract are reared and raised, a live poultry 
dealer may meet the requirement specified in 
subparagraph (A) if the dealer includes in the 
poultry production contract an alternative base 
price provision that was obtained through nego-
tiations with a cooperative association of pro-
ducers representing the individual independent 
contract producer. 
‘‘(3) USE OF PERFORMANCE-BASED INCENTIVE 
FORMULA.—The requirements described in this 
paragraph are as follows: 
‘‘(A) The poultry production contract shall 
guarantee a minimum price. 
‘‘(B) The expected performance standard 
in the poultry production contract shall be 
based on at least a 6-month rolling performance 
average of all producers in the complex of the 
independent contract producer. 
‘‘(C) The performance-based incentive for-
mula shall not assess a premium or penalty per-
centage that exceeds the percentage difference 
between the performance of the independent 
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contract producer and the expected performance 
average. 
‘‘(D) The expected performance standard 
in the poultry production contract shall be 
mathematically adjusted to account for expected 
performance with respect to expected mortality, 
weight, or feed conversion efficiency, with dif-
ferences relative to— 
‘‘(i) layer flock age and health; 
‘‘(ii) predelivery health issues; 
‘‘(iii) flock breed; 
‘‘(iv) flock pick-up age; 
‘‘(v) feed type; 
‘‘(vi) feed disruption of 6 hours or 
more; and 
‘‘(vii) medical care protocols (such as 
an antibiotic-free protocol). 
‘‘(E) The poultry production contract shall 
include a procedure for settling payment out-
side of the performance-based payment formula, 
through a performance average of at least the 
last 5 flocks of the independent contract pro-
ducer, in the case of the independent contract 
producer bringing an appeal related to input 
quality or provision issues. 
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‘‘(e) HARM TO COMPETITION NOT REQUIRED.—In 
determining whether an act, device, or conduct is a viola-
tion under paragraph (1) or (2) of subsection (b), a find-
ing that the act, device, or conduct adversely affected or 
is likely to adversely affect competition is not required.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
paragraph (8) of section 202(b) of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 192) (as designated 
by subsection (a)), shall take effect on the date of 
enactment of this Act. 
(2) TRANSITION RULES.—In the case of a pack-
er that, on the date of enactment of this Act, owns, 
feeds, or controls livestock intended for slaughter in 
violation of paragraph (8) of section 202(b) of the 
Packers and Stockyards Act, 1921 (7 U.S.C. 192) 
(as designated by subsection (a)), that paragraph 
shall take effect— 
(A) in the case of a packer of swine, begin-
ning on the date that is 18 months after the 
date of enactment of this Act; and 
(B) in the case of a packer of any other 
type of livestock, beginning not later than 180 
days after the date of enactment of this Act, as 
determined by the Secretary. 
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SEC. 205. SPOT MARKET PURCHASES OF LIVESTOCK BY 
PACKERS. 
The Packers and Stockyards Act, 1921, is amended 
by inserting after section 202 (7 U.S.C. 192) the fol-
lowing: 
‘‘SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY 
PACKERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED PACKER.— 
‘‘(A) IN
GENERAL.—The term ‘covered 
packer’ means a packer that is required under 
subtitle B of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635 et seq.) to report to the 
Secretary each reporting day (as defined in sec-
tion 212 of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635a)) information on the 
price and quantity of livestock purchased by the 
packer. 
‘‘(B) EXCLUSION.—The term ‘covered 
packer’ does not include a packer that owns 
only 1 livestock processing plant. 
‘‘(2) NONAFFILIATED
PRODUCER.—The term 
‘nonaffiliated producer’ means a producer of live-
stock— 
‘‘(A) that sells livestock to a packer; 
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‘‘(B) that has less than 1 percent equity 
interest in the packer; 
‘‘(C) that has no officers, directors, em-
ployees, or owners that are officers, directors, 
employees, or owners of the packer; 
‘‘(D) that has no fiduciary responsibility to 
the packer; and 
‘‘(E) in which the packer has no equity in-
terest. 
‘‘(3) SPOT MARKET SALE.— 
‘‘(A) IN GENERAL.—The term ‘spot mar-
ket sale’ means a purchase and sale of livestock 
by a packer from a producer— 
‘‘(i) under an agreement that specifies 
a firm base price that may be equated with 
a fixed dollar amount on the date the 
agreement is entered into; 
‘‘(ii) under which the livestock are 
slaughtered not more than 7 days after the 
date on which the agreement is entered 
into; and 
‘‘(iii) under circumstances in which a 
reasonable competitive bidding opportunity 
exists on the date on which the agreement 
is entered into. 
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‘‘(B) REASONABLE COMPETITIVE BIDDING 
OPPORTUNITY.—For the purposes of subpara-
graph (A)(iii), a reasonable competitive bidding 
opportunity shall be considered to exist if— 
‘‘(i) no written or oral agreement pre-
cludes the producer from soliciting or re-
ceiving bids from other packers; and 
‘‘(ii) no circumstance, custom, or 
practice exists that— 
‘‘(I) establishes the existence of 
an implied contract (as determined in 
accordance with the Uniform Com-
mercial Code); and 
‘‘(II) precludes the producer from 
soliciting or receiving bids from other 
packers. 
‘‘(b) GENERAL RULE.—Of the quantity of livestock 
that is slaughtered by a covered packer during each re-
porting day (as defined in section 212 of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1635a)) in each plant, 
the covered packer shall slaughter not less than the appli-
cable percentage specified in subsection (c) of the quantity 
through spot market sales from nonaffiliated producers. 
‘‘(c) APPLICABLE PERCENTAGES.— 
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SEC. 206. INVESTIGATION OF LIVE POULTRY DEALERS. 
(a) ADMINISTRATIVE
ENFORCEMENT
AUTHORITY 
OVER LIVE POULTRY DEALERS.—Sections 203, 204, and 
205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 
193, 194, 195), are amended by inserting ‘‘, live poultry 
dealer,’’ after ‘‘packer’’ each place it appears. 
(b) AUTHORITY TO REQUEST TEMPORARY INJUNC-
TION OR RESTRAINING ORDER.—Section 408 of the Pack-
ers and Stockyards Act, 1921 (7 U.S.C. 228a), is amend-
ed by inserting ‘‘or poultry care’’ after ‘‘on account of 
poultry’’. 
(c) VIOLATIONS BY LIVE POULTRY DEALERS.—Sec-
tion 411 of the Packers and Stockyards Act, 1921 (7 
U.S.C. 228b–2), is amended— 
(1) in subsection (a), in the first sentence, by 
striking ‘‘any provision of section 207 or section 410 
of’’; and 
(2) in subsection (b), in the first sentence, by 
striking ‘‘any provisions of section 207 or section 
410’’ and inserting ‘‘any provision’’. 
SEC. 207. ENSURING FAIR PRACTICES IN AGRICULTURE. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall imple-
ment, without amendment, the final rule titled ‘‘Unfair 
Practices and Undue Preferences in Violation of the Pack-
ers and Stockyards Act’’ and published in the Federal 
VerDate Sep 11 2014 
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Register by the Department of Agriculture on December 
20, 2016 (81 Fed. Reg. 92703). 
SEC. 208. AWARD OF ATTORNEY FEES. 
Section 204 of the Packers and Stockyards Act, 1921 
(7 U.S.C. 194), is amended by adding at the end the fol-
lowing: 
‘‘(i) ATTORNEY’S
FEE.—The court 
shall award a reasonable attorney’s fee as 
part of the costs to a prevailing plaintiff in 
a civil action under this section.’’. 
SEC. 209. REVIEW AND REPORT ON FRAGILITY AND NA-
TIONAL SECURITY IN THE FOOD SYSTEM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Comptroller General 
of the United States shall— 
(1) conduct a review of the fragility of the food 
system in the United States with respect to meat, 
poultry, and dairy; and 
(2) submit to Congress a report containing the 
results of such review. 
(b) REQUIREMENTS.—The report under subsection 
(a) shall include information on, and an analysis of— 
(1) the reach of corporate consolidation and 
corporate control of the meat, poultry, and dairy 
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supply chain, including animal feed, inputs for ani-
mal feed, processing, and distribution; 
(2) the effects of corporate consolidation and 
corporate control of the meat, poultry, and dairy 
supply chain on— 
(A) consumers, farmers, rural commu-
nities, and meat, poultry, and dairy processing 
workers; 
(B) greenhouse gas emissions, climate 
change, and costs borne by communities to 
adapt to climate change; 
(C) water quality, soil quality, air quality, 
and biodiversity; and 
(D) politics and political lobbying; 
(3)(A) the extent to which Department of Agri-
culture rules and regulations designed for large cov-
ered establishments are applied to small- and me-
dium-sized covered establishments; and 
(B) the need for the Secretary of Agriculture to 
adapt rules and regulations to benefit small- and 
medium-sized covered establishments; 
(4) the effects of the COVID–19 pandemic on 
meat, poultry, and dairy exports; meat, poultry, and 
dairy cold storage inventories; processing rates of 
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meat, poultry, and dairy; and the net profits earned 
by owners of covered establishments; 
(5) the effect of the COVID–19 pandemic on 
meat, poultry, and dairy prices paid— 
(A) to farmers; and 
(B) by consumers; 
(6) Federal support for the corporations that 
control the largest percentage of the meat, poultry, 
and dairy industry through contracts, procurement, 
subsidies, and other mechanisms; 
(7) the risk of disruption caused by corporate 
consolidation among covered establishments, includ-
ing an analysis of food supply chain issues resulting 
from the COVID–19 pandemic; and 
(8) the extent to which breaking up the meat 
packing oligopoly and the dairy processing oligopoly 
would increase food system resiliency for the next 
pandemic. 
(c) COVERED ESTABLISHMENT DEFINED.—In this 
section, the term ‘‘covered establishment’’ means— 
(1) an establishment that is subject to inspec-
tion under the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.); 
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(2) an establishment that is subject to inspec-
tion under the Poultry Products Inspection Act (21 
U.S.C. 451 et seq.); and 
(3) an establishment— 
(A) that is a dairy operation (as defined in 
section 1401 of the Agricultural Act of 2014 (7 
U.S.C. 9051)); or 
(B) that processes dairy. 
SEC. 210. TECHNICAL AMENDMENTS. 
(a) Section 203 of the Packers and Stockyards Act, 
1921 (7 U.S.C. 193), is amended— 
(1) in subsection (a), in the first sentence— 
(A) by striking ‘‘he shall cause’’ and in-
serting ‘‘the Secretary shall cause’’; 
(B) by striking ‘‘his charges’’ and inserting 
‘‘the charges’’; and 
(C) 
by 
striking 
‘‘evidence 
introduced 
against him’’ and inserting ‘‘evidence intro-
duced against the packer, live poultry dealer, or 
swine contractor’’; 
(2) in subsection (b), in the first sentence, by 
striking ‘‘he shall make a report in writing in which 
he shall state his findings’’ and inserting ‘‘the Sec-
retary shall make a report in writing in which the 
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Secretary shall state the findings of the Secretary’’; 
and 
(3) in subsection (c), by striking ‘‘he’’ and in-
serting ‘‘the Secretary’’. 
(b) Section 204 of the Packers and Stockyards Act, 
1921 (7 U.S.C. 194), is amended— 
(1) in subsection (a), by striking ‘‘he has his’’ 
and inserting ‘‘the packer, live poultry dealer, or 
swine contractor has its’’; 
(2) in subsection (c), by striking ‘‘his officers, 
directors, agents, and employees’’ and inserting ‘‘the 
officers, directors, agents, and employees of the 
packer, live poultry dealer, or swine packer’’; 
(3) in subsection (f), in the second sentence— 
(A) by striking ‘‘his findings’’ and insert-
ing ‘‘the findings of the Secretary’’; and 
(B) by striking ‘‘he’’ and inserting ‘‘the 
Secretary’’; and 
(4) in subsection (g), by striking ‘‘his officers, 
directors, agents, and employees’’ and inserting ‘‘the 
officers, directors, agents, and employees of the 
packer, live poultry dealer, or swine packer’’. 
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TITLE 
IV—LIVESTOCK, 
DAIRY, 
AND POULTRY SUPPLY CHAIN 
INFRASTRUCTURE 
SEC. 401. LIVESTOCK, DAIRY, AND POULTRY SUPPLY CHAIN 
INFRASTRUCTURE GRANTS AND LOANS. 
Subtitle D of title III of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1981 et seq.) is amend-
ed by adding at the end the following new section: 
‘‘SEC. 379I. LIVESTOCK, DAIRY, AND POULTRY SUPPLY 
CHAIN INFRASTRUCTURE. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
provide grants or make or insure loans under any of the 
programs authorized by this Act, the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1621 et seq.), or the Rural 
Electrification Act of 1936 (7 U.S.C. 901 et seq.), as the 
Secretary determines to be appropriate, to assist farmers 
and rural businesses and cooperatives to maintain or in-
crease the production, aggregation, processing, distribu-
tion, and marketing of value-added, niche, or regionally 
marketed meat, dairy, and poultry products. 
‘‘(b) PRIORITY.—In implementing subsection (a), the 
Secretary shall give priority to grants or loans that will 
help increase or enhance the availability and geographic 
distribution of small processing facilities. 
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‘‘(c) SMALL PROCESSING FACILITY DEFINED.—In 
this section, the term ‘small processing facility’ means— 
‘‘(1) a selected establishment (as defined in sec-
tion 501(a) of the Federal Meat Inspection Act (21 
U.S.C. 683(a))); 
‘‘(2) a selected establishment (as defined in sec-
tion 31(a) of the Poultry Products Inspection Act 
(21 U.S.C. 472(a))); and 
‘‘(3) an establishment that— 
‘‘(A) specializes in processing milk, cream, 
or dairy products; and 
‘‘(B) processes fewer than 100,000 pounds 
of milk, cream, or dairy products per day.’’. 
SEC. 402. PILOT PROGRAM FOR INCREASED ACCESSIBILITY 
TO INSPECTION AND TECHNICAL ASSIST-
ANCE FOR ELIGIBLE PROCESSING FACILI-
TIES. 
(a) IN GENERAL.—The Secretary shall carry out a 
5-year pilot program within the Food Safety and Inspec-
tion Service— 
(1) to expand the availability of processing in-
spectors, technical assistance, and onsite inspection 
for eligible processing facilities, including no-cost 
overtime inspections; and 
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(2) to identify and train part-time inspectors 
and technical assistance providers. 
(b) PROFESSIONAL EXPERIENCE.—The Secretary 
shall determine the appropriate professional experience of 
inspectors and providers described in subsection (a)(2), 
which shall include individuals with expertise in veterinary 
medicine, public health, food service management, and 
animal science, as applicable. 
(c) DEFINITIONS.—In this section: 
(1) ELIGIBLE
PROCESSING
FACILITY.—The 
term ‘‘eligible processing facility’’ means— 
(A) an eligible facility described in section 
764 of division N of the Consolidated Appro-
priations Act, 2021 (21 U.S.C. 473), that has 
a labor peace agreement in place; and 
(B) a dairy processing facility that has a 
labor peace agreement in place. 
(2) LABOR
PEACE
AGREEMENT.—The term 
‘‘labor peace agreement’’ means an agreement— 
(A) between an employer and a labor orga-
nization that represents, or is actively seeking 
to represent, the employees of the employer; 
and 
(B) under which such employer and labor 
organization agree that— 
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(i) the employer— 
(I) will not hinder any effort of 
an employee to join a labor organiza-
tion; and 
(II) 
will
not
take
any
ac-
tion that directly or indirectly indi-
cates or implies any opposition to an 
employee joining a labor organization; 
(ii) the labor organization agrees to 
refrain from picketing, work stoppages, or 
boycotts against the employer; 
(iii) the employer provides the labor 
organization with employee contact infor-
mation, and facilitates or permits labor or-
ganization
access
to
employees at
the 
workplace, including facilitating or permit-
ting the labor organization to meet with 
employees to discuss joining the labor or-
ganization; and 
(iv) the employer shall, upon the re-
quest of the labor organization, recognize 
the labor organization as the bargaining 
representative of the employees if a major-
ity of the employees choose the labor orga-
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nization
as
their
bargaining representa-
tive. 
Æ 
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