H. R. 3408
One Hundred Ninth Congress
of the
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. EXTENSION. 
(a) IN GENERAL.—Chapter 5 of subtitle B of the Agricultural 
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 Sep-
tember 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 amended 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 September 30, 2010’’. 
SEC. 2. DEFINITIONS. 
(a) BASE MARKET HOGS.—Section 231(4) of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1635i(4)) is amended to read 
as follows: 
‘‘(4) BASE MARKET HOG.—The term ‘base market hog’ means 
a barrow or gilt for which no discounts are subtracted from 
and no premiums are added to the base price.’’. 
(b) BOARS.—Section 231(5) of such Act (7 U.S.C. 1635i(5)) is 
amended to read as follows: 
‘‘(5) BOAR.—The term ‘boar’ means a sexually-intact male 
swine.’’. 
(c) PACKER OF SOWS AND BOARS.—Section 231(12) of such Act 
(7 U.S.C. 1635i(12)) is amended by—
(1) striking subparagraph (B) and inserting the following 
new subparagraph: 
‘‘(B) for any calendar year, the term includes only—
‘‘(i) a swine processing plant that slaughtered an 
average of at least 100,000 swine per year during 
the immediately preceding five calendar years; and 
‘‘(ii) a person that slaughtered an average of at 
least 200,000 sows, boars, or any combination thereof, 
per year during the immediately preceding five cal-
endar years; and’’; and 
(2) in subparagraph (C)—
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(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 ‘‘determining whether 
the processing plant’’. 
SEC. 3. REPORTING; BARROWS AND GILTS. 
Section 232(c) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1635j(c)) is amended to read as follows: 
‘‘(c) DAILY REPORTING; BARROWS AND GILTS.—
‘‘(1) PRIOR DAY REPORT.—
‘‘(A) IN GENERAL.—The corporate officers or officially 
designated representatives of each packer processing plant 
that processes barrows or gilts shall report to the Secretary, 
for each business day of the packer, such information as 
the Secretary determines necessary and appropriate to—
‘‘(i) comply with the publication requirements 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 information regarding all barrows 
and gilts purchased or priced, and 
‘‘(ii) not later than 9:00 a.m. Central Time on 
each reporting day, report information regarding all 
barrows and gilts slaughtered, 
during the prior business day of the packer. 
‘‘(C) INFORMATION
REQUIRED.—The information from 
the prior business day of a packer required under this 
paragraph shall include—
‘‘(i) all purchase data, including—
‘‘(I) the total number of—
‘‘(aa) barrows and gilts purchased; and 
‘‘(bb) barrows and gilts scheduled for 
delivery; and 
‘‘(II) the base price and purchase data for 
slaughtered barrows and gilts for which a price 
has been established; 
‘‘(ii) all slaughter data for the total number of 
barrows and gilts slaughtered, including—
‘‘(I) information concerning the net price, 
which shall be equal to the total amount paid 
by a packer to a producer (including all premiums, 
less all discounts) per hundred pounds of carcass 
weight of barrows and gilts delivered at the plant—
‘‘(aa) including any sum deducted from 
the price per hundredweight paid to a pro-
ducer 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
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‘‘(bb) excluding any sum earlier paid to 
a producer that must later be repaid to the 
packer; 
‘‘(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 bar-
rows and gilts slaughtered at a packing plant 
during 
the 
applicable 
reporting 
period, 
including all premiums and discounts, and 
including any sum deducted from the price 
per hundredweight paid to a producer that 
reflects the repayment of a balance owed by 
the producer to the packer, or the accumula-
tion 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 increments) of the barrows and gilts; 
‘‘(III) information concerning the lowest net 
price, which shall be equal to the lowest net price 
paid for a single 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 single lot or group of barrows or gilts 
slaughtered at a packing plant during the 
applicable reporting period per hundred pounds 
of carcass weight of barrows and gilts; 
‘‘(V) the average carcass weight, which shall 
be equal to the quotient obtained by dividing—
‘‘(aa) the total carcass weight of the bar-
rows 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 situations (such as 
skinning or foot removal), as the Secretary deter-
mines necessary to render comparable carcass 
weights; 
‘‘(VI) the average sort loss, which shall be 
equal to the average discount (in dollars per hun-
dred pounds carcass weight) for barrows and gilts 
slaughtered during the applicable reporting period, 
resulting from the fact that the barrows and gilts 
did not fall within the individual packer’s estab-
lished carcass weight or lot variation range; 
‘‘(VII) the average backfat, which shall be 
equal to the average of the backfat thickness (in 
inches) measured 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 
adjustment made by the Secretary) of the barrows
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and gilts slaughtered during the applicable 
reporting period; 
‘‘(VIII) the average lean percentage, which 
shall be equal to the average 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 report the average lean percentage 
under this subclause, the packer shall make avail-
able to the Secretary the underlying data, 
applicable methodology and formulae, and sup-
porting materials used to determine the average 
lean percentage, which the Secretary may convert 
to the carcass measurements or lean percentage 
of the barrows and gilts of the individual packer 
to correlate to a common percent lean measure-
ment; and 
‘‘(IX) the total slaughter quantity, which shall 
be equal to the total number of barrows and gilts 
slaughtered during the applicable reporting period, 
including all types of purchases and barrows and 
gilts that qualify as packer-owned swine; and 
‘‘(iii) packer purchase commitments, which shall 
be equal to the number of barrows 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 report—
‘‘(I) in the case of information regarding bar-
rows and gilts purchased or priced, not later than 
8:00 a.m. Central Time, and 
‘‘(II) in the case of information regarding bar-
rows and gilts slaughtered, not later than 10:00 
a.m. Central Time, 
on the reporting day on which the information is 
received from the packer. 
‘‘(ii) PRICE DISTRIBUTIONS.—The information pub-
lished by the Secretary under clause (i) shall include 
a distribution of net prices in the range between and 
including the lowest net price and the highest net 
price reported. The publication shall include a delinea-
tion 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 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
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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 purchases; 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, 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 morning 
report as soon as practicable, but not later than 11:00 
a.m. Central 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; 
‘‘(iii) the base price paid for all base market hogs 
purchased up to that time of the reporting day through 
negotiated purchases; 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. 
Central 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 sub-
section: 
‘‘(d) DAILY REPORTING; SOWS AND BOARS.—
‘‘(1) PRIOR DAY REPORT.—The corporate officers or officially 
designated representatives of each packer of sows and boars 
shall report to the Secretary, for each business day of the 
packer, such information reported by hog class as the Secretary 
determines necessary and appropriate to—
H. R. 3408—6
‘‘(A) comply with the publication requirements 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 para-
graph (1) shall report information regarding all sows and boars 
purchased or priced during the prior business day of the packer. 
‘‘(3) INFORMATION
REQUIRED.—The information from the 
prior business day of a packer required under this subsection 
shall include all purchase data, including—
‘‘(A) the total number of sows purchased and the total 
number of boars purchased, each divided into at least three 
reasonable and meaningful 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 determined, by each type 
of purchase; and 
‘‘(J) such other information as the Secretary considers 
appropriate to carry out this subsection. 
‘‘(4) PRICE CALCULATIONS WITHOUT PACKER-OWNED SWINE.—
A packer shall omit the prices of sows and boars that qualify 
as packer-owned swine from all average price calculations, price 
range calculations, and reports required by this subsection. 
‘‘(5) REPORTING EXCEPTION: PUBLIC AUCTION PURCHASES.—
The information required to be reported under this subsection 
shall not include purchases of sows or boars made by agents 
of the reporting 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 
publish 
the 
information obtained under this paragraph in a prior day report 
not later than 11:00 a.m. Central Time on the reporting day 
on which the information is received from the packer.
H. R. 3408—7
‘‘(7) ELECTRONIC SUBMISSION OF INFORMATION.—The Sec-
retary of Agriculture shall provide for the electronic submission 
of any information required to be reported under this subsection 
through an Internet website or equivalent electronic means 
maintained by the Department of Agriculture.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.