To reauthorize the Livestock Mandatory Reporting Act of 1999 and to amend the swine reporting provisions of that Act.
PL 109-296 (H.R.3408), enacted 10/05/2006

120 STAT. 1464
PUBLIC LAW 109–296—OCT. 5, 2006
Public Law 109–296
109th Congress
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)—
7 USC 1636i.
Oct. 5, 2006
[H.R. 3408]
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120 STAT. 1465
PUBLIC LAW 109–296—OCT. 5, 2006
(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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120 STAT. 1466
PUBLIC LAW 109–296—OCT. 5, 2006
‘‘(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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120 STAT. 1467
PUBLIC LAW 109–296—OCT. 5, 2006
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
Deadlines.
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120 STAT. 1468
PUBLIC LAW 109–296—OCT. 5, 2006
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—
Deadline.
Deadline.
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120 STAT. 1469
PUBLIC LAW 109–296—OCT. 5, 2006
‘‘(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.
Deadline.
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120 STAT. 1470
PUBLIC LAW 109–296—OCT. 5, 2006
LEGISLATIVE HISTORY—H.R. 3408:
CONGRESSIONAL RECORD:
Vol. 151 (2005): Sept. 14, considered and passed House.
Vol. 152 (2006): Sept. 20, considered and passed Senate.
‘‘(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.’’.
Approved October 5, 2006.
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