[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2633 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2633
To amend the Packers and Stockyard Act, 1921, to provide administrative
enforcement authority over live poultry dealers, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mr. Fetterman introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Packers and Stockyard Act, 1921, to provide administrative
enforcement authority over live poultry dealers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poultry Grower Fairness Act of
2023''.
SEC. 2. 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 Injunction or Restraining
Order.--Section 408(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 228a(a)), is amended by inserting ``, or poultry care,'' after
``on account of poultry obtained''.
(c) Repeals.--Sections 411, 412, and 413 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 228b-2, 228b-3, 228b-4), are repealed.
SEC. 3. AWARD OF ATTORNEY FEES.
Section 308 of the Packers and Stockyards Act, 1921 (7 U.S.C. 209),
is amended by adding at the end the following:
``(c) 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. 4. TECHNICAL AMENDMENTS.
(a) 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:'';
(2) in paragraph (8), by striking ``for slaughter'' and all
that follows through ``of such poultry'' and inserting ``under
a poultry growing arrangement, regardless of whether the
poultry is owned by that person or another person''; and
(3) in paragraph (9), by striking ``and cares for live
poultry for delivery, in accord with another's instructions,
for slaughter'' and inserting ``or cares for live poultry in
accordance with the instructions of another person''.
(b) 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 inserting
``the Secretary shall cause''; and
(B) by striking ``his charges'' and inserting ``the
charges'';
(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 Secretary shall make a report in
writing in which the Secretary shall state the findings of the
Secretary''; and
(3) in subsection (c), by striking ``he'' and inserting
``the Secretary''.
(c) 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 the'';
(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 inserting
``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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