One Hundred Eleventh Congress of the United States of America
Begun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
IN THE SENATE OF THE UNITED STATES
To amend the Agricultural Marketing Act of 1946 to improve the reporting on sales of livestock and dairy products, and for other purposes.
This Act may be cited as the
Mandatory Price Reporting Act of
Livestock mandatory reporting
Extension of authority
Section 260 of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1636i) is amended by striking
2010 and inserting
September 30, 2015.
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
September 30, 2010 and inserting
September 30, 2015.
Wholesale pork cuts
Chapter 3 of subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635i et seq.) is amended by adding at the end the following new section:
Mandatory reporting of wholesale pork cuts
The corporate officers or officially designated representatives of each packer shall report to the Secretary information concerning the price and volume of wholesale pork cuts, as the Secretary determines is necessary and appropriate.
The Secretary shall publish information reported under subsection (a) as the Secretary determines necessary and appropriate.
The Secretary of Agriculture shall establish a negotiated rulemaking process pursuant to subchapter III of chapter 5 of title 5, United States Code, to negotiate and develop a proposed rule to implement the amendment made by paragraph (1).
Negotiated rulemaking committee
Any negotiated rulemaking committee established by the Secretary of Agriculture pursuant to paragraph (2) shall include representatives from—
organizations representing swine producers;
organizations representing packers of pork, processors of pork, retailers of pork, and buyers of wholesale pork;
the Department of Agriculture; and
among interested parties that participate in swine or pork production.
Inapplicability of Federal Advisory Committee Act
Any negotiated rulemaking committee established by the Secretary of Agriculture pursuant to paragraph (2) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
Timing of proposed and final rules
In carrying out the negotiated rulemaking process under paragraph (2), the Secretary of Agriculture shall ensure that—
any recommendation for a proposed rule or report is provided to the Secretary of Agriculture not later than 180 days after the date of the enactment of this Act; and
a final rule is promulgated not later than one and a half years after the date of the enactment of this Act.
Pork export reporting
Section 602(a)(1) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by striking
Dairy mandatory reporting
Electronic reporting required
Subsection (d) of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b) is amended to read as follows:
Electronic reporting system required
The Secretary shall establish an electronic reporting system to carry out this section.
Not later than 3:00 p.m. Eastern Time on the Wednesday of each week, the Secretary shall publish a report containing the information obtained under this section for the preceding week.
Not later than one year after the date of enactment of this Act, the Secretary of Agriculture shall implement the electronic reporting system required by subsection (d) of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b), as amended by subsection (a). Until the electronic reporting system is implemented, the Secretary shall continue to conduct mandatory dairy product information reporting under the authority of such section, as in effect on the day before the date of enactment of this Act.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate