[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 271 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 271
To place a moratorium on large concentrated animal feeding operations,
to strengthen the Packers and Stockyards Act, 1921, to require country
of origin labeling on beef, pork, and dairy products, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2, 2023
Mr. Booker (for himself, Ms. Warren, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To place a moratorium on large concentrated animal feeding operations,
to strengthen the Packers and Stockyards Act, 1921, to require country
of origin labeling on beef, pork, and dairy products, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Farm System Reform
Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ANIMAL FEEDING OPERATIONS
Sec. 101. Definitions.
Sec. 102. Moratorium on large concentrated animal feeding operations.
Sec. 103. Voluntary debt forgiveness and transition assistance program
for animal feeding operations.
Sec. 104. Integrator responsibilities and liabilities.
TITLE II--AMENDMENTS TO PACKERS AND STOCKYARDS ACT, 1921
Sec. 201. Definitions.
Sec. 202. Unlawful practices.
Sec. 203. Spot market purchases of livestock by packers.
Sec. 204. Investigation of live poultry dealers.
Sec. 205. Award of attorney fees.
Sec. 206. Technical amendments.
TITLE III--LABELING OF MEAT AND DAIRY PRODUCTS
Sec. 301. Restoration of mandatory country of origin labeling for beef
and pork; inclusion of dairy products.
Sec. 302. Truth in labeling for meat and meat food products.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--ANIMAL FEEDING OPERATIONS
SEC. 101. DEFINITIONS.
In this title:
(1) Agronomic requirement.--
(A) In general.--The term ``agronomic requirement''
means the quantity of nutrient necessary to achieve a
reasonable yield goal for a crop, as determined based
on land grant university fertility rates, soil testing
for available nutrients, manure analysis, and other
planned nutrient applications.
(B) Exclusions.--Planned nutrient applications
under subparagraph (A) do not include nutrient indices,
risk indices, or other methods that allow land
application of manure in excess of crop need.
(2) Animal feeding operation; afo.--
(A) In general.--The term ``animal feeding
operation'' or ``AFO'' means a lot or facility at
which--
(i) for not less than a total of 45 days in
any 12-month period, animals (other than
aquatic animals) are--
(I) stabled or confined; and
(II) fed or maintained; and
(ii) crops, vegetation, forage growth, or
postharvest residues are not sustained in the
normal growing season over any portion of the
lot or facility.
(B) Aggregation.--Two or more lots or facilities
described in subparagraph (A) shall constitute a single
animal feeding operation if the lots or facilities--
(i) are located within 3 miles of each
other; and
(ii) are under common ownership or control.
(C) Exclusion.--The term ``animal feeding
operation'' or ``AFO'' does not include a stockyard (as
that term is defined in section 302(a) of the Packers
and Stockyards Act, 1921 (7 U.S.C. 202(a))).
(3) Large concentrated animal feeding operation; large
cafo.--The term ``large concentrated animal feeding operation''
or ``large CAFO'' means an AFO at which are present not less
than--
(A) 700 mature dairy cows, milked or dry;
(B) 1,000 veal calves;
(C) 1,000 cattle (including heifers, steers, bulls,
cows, and calves) other than mature dairy cows or veal
calves;
(D) 2,500 swine, each weighing not less than 55
pounds;
(E) 10,000 swine, each weighing not more than 55
pounds;
(F) 500 horses;
(G) 10,000 sheep or lambs;
(H) 55,000 turkeys;
(I) in the case of an AFO that uses a liquid manure
handling system--
(i) 30,000 laying hens or broilers; or
(ii) 5,000 ducks; or
(J) in the case of an AFO that uses a system other
than a liquid manure handling system--
(i) 125,000 chickens (other than laying
hens);
(ii) 82,000 laying hens; or
(iii) 30,000 ducks.
(4) Contract grower.--The term ``contract grower'' means an
owner of an AFO that raises livestock or poultry pursuant to a
written contract, marketing arrangement, or other arrangement
with an integrator.
(5) Integrator.--The term ``integrator'' means an
individual or entity that contracts with a contract grower
under a growout contract, marketing arrangement, or other
arrangement under which the contract grower raises and cares
for livestock or poultry at an AFO in accordance with the
instructions of the integrator for the purpose of slaughtering
the livestock or poultry or selling the livestock or poultry
for slaughter, if the livestock or poultry is sold or shipped
in commerce (as described in section 2(b) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 183)).
(6) Manure.--The term ``manure'' means--
(A) the fecal and urinary excretions of livestock
and poultry; and
(B) litter, bedding, compost and raw materials,
process wastewater, and other materials commingled with
the excretions described in subparagraph (A) or set
aside for disposal after such commingling.
SEC. 102. MORATORIUM ON LARGE CONCENTRATED ANIMAL FEEDING OPERATIONS.
(a) In General.--No large CAFO may commence or expand operations on
or after the date of enactment of this Act.
(b) Cessation of Operations.--No large CAFO may continue to operate
as a large CAFO after January 1, 2041.
(c) Penalties.--Any person that violates subsection (a) or (b) may
be assessed a civil penalty of up to $10,000 per violation, per day, in
addition to any other applicable statutory civil penalty or monetary
damages assessed pursuant to any State common law judgment.
SEC. 103. VOLUNTARY DEBT FORGIVENESS AND TRANSITION ASSISTANCE PROGRAM
FOR ANIMAL FEEDING OPERATIONS.
(a) Definition of Eligible Entity.--
(1) In general.--In this section, the term ``eligible
entity'' means an owner of an AFO.
(2) Exclusion.--In this section, the term ``eligible
entity'' does not include an owner of an AFO that is an
integrator.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall carry out a program to
provide grants to eligible entities to permanently transition from
operating an AFO to carrying out other activities on the property on
which the AFO is located.
(c) Payments.--Under the program established under subsection (b),
the Secretary shall provide grants to eligible entities--
(1) to partially or fully pay off any outstanding debt of
the eligible entity that was incurred to construct and operate
the AFO; and
(2) to cover costs relating to the transition of the
property on which the AFO is located to be used for alternative
agriculture activities, such as raising pasture-based
livestock, growing specialty crops, or organic commodity
production.
(d) Requirement.--As a condition of receiving a grant under this
section, an eligible entity shall provide to the Secretary a working
lands easement on the property on which the AFO is located that
prohibits--
(1) the operation of the AFO and any associated waste
management system on the easement area; and
(2) the use of the easement area for a spray field or land
application of manure at rates exceeding crop agronomic
requirements for nitrogen and phosphorus.
(e) Funding.--
(1) In general.--On the first October 1 after the date of
enactment of this Act, and on each October 1 thereafter, out of
any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary to
carry out this section $10,000,000,000, to remain available
until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
SEC. 104. INTEGRATOR RESPONSIBILITIES AND LIABILITIES.
(a) Responsibilities and Liabilities.--
(1) In general.--An integrator that exercises substantial
operational control of an AFO, as described in subsection (b),
shall be responsible and liable for, with respect to the
operation of the AFO--
(A) the disposal of dead animals;
(B) the disposal of manure, excrement, and other
waste;
(C) the discharge or release of any air pollutant,
including greenhouse gases, from any source located on
or activity occurring at the AFO, including enteric
processes, manure, and animal feed;
(D) the discharge of any pollutant to groundwater
or any surface water body, including the production
area, manure storage, manure land application area
(crop field), tile drain, and agricultural stormwater
runoff of the AFO;
(E) any harm suffered by the contract grower of the
AFO or a third party from any activity described in
subparagraphs (A) through (D), or from any other on-
property or off-property contamination, including
following an extreme weather event; and
(F) any adverse health impacts, property value
diminution, and loss of use and enjoyment of property
suffered by neighboring residents of the AFO due to the
operation of the AFO.
(2) Duties not transferable.--The responsibilities and
liabilities of an integrator under this subsection shall be
nondelegable and nontransferable to any third party, including
any contract grower.
(b) Substantial Operational Control.--An integrator exercises
substantial operational control of an AFO if the integrator--
(1) holds an ownership interest in the livestock or
poultry, land, or other capital of the AFO;
(2) through a growout contract, marketing arrangement, or
other arrangement, or through direct supervision of, or on-site
participation in, activities at the AFO, controls--
(A) the activity of persons working at the AFO;
(B) the operation, management, or waste management
practices of the AFO; or
(C) the manner in which livestock or poultry at the
AFO are grown, fed, watered, ventilated, heated,
cooled, or medicated;
(3) supplies feed, pharmaceuticals, or other inputs to the
AFO; or
(4) requires a capital investment from the contract grower
of the AFO for erecting or expanding facilities at the AFO.
(c) Civil Actions.--
(1) In general.--Any person may--
(A) bring a civil action against an integrator in
an appropriate court to redress any violation of this
section or any other law relating to the activities
described in this section; and
(B) obtain appropriate relief in a civil action
under subparagraph (A).
(2) Attorney's fees for plaintiff.--The court shall award a
reasonable attorney's fee as part of the costs to a prevailing
plaintiff in a civil action under this subsection.
(3) No preemption.--Nothing in this subsection preempts,
alters, displaces, abridges, or supplants any claim or remedy
available under any State or Federal law, including common law,
that provides a remedy for civil relief.
(d) AFO Discharges.--Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by adding at the end the
following:
``(t) AFO Discharges.--The Administrator shall require that all
persons exercising substantial operational control (as described in
section 104(b) of the Farm System Reform Act of 2023) over an animal
feeding operation (as defined in section 101 of that Act) jointly
obtain a permit under this section for a discharge from the animal
feeding operation.''.
TITLE II--AMENDMENTS TO PACKERS AND STOCKYARDS ACT, 1921
SEC. 201. DEFINITIONS.
Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C.
182(a)), is amended--
(1) 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'';
(2) 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'';
(3) in each of paragraphs (1) through (9), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (10)--
(A) by striking ``for the purpose of either
slaughtering it or selling it for slaughter by
another''; and
(B) by striking ``; and'' at the end and inserting
a period; and
(5) 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 determined 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 calculated
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 `forward contract' means
an oral or written contract for the purchase of livestock that
provides for the delivery of the livestock to a packer at a
date that is more than 7 days after the date on which the
contract 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.''.
SEC. 202. UNLAWFUL PRACTICES.
(a) In General.--Section 202 of the Packers and Stockyards Act,
1921 (7 U.S.C. 192), is amended--
(1) by redesignating subsections (a) through (f) and (g) as
paragraphs (1) through (6) and (10), respectively, and
indenting appropriately;
(2) by striking the section designation and all that
follows through ``It shall be'' in the matter preceding
paragraph (1) (as so redesignated) and inserting the following:
``SEC. 202. UNLAWFUL ACTS.
``(a) In General.--It shall be'';
(3) in subsection (a)--
(A) in the matter preceding paragraph (1) (as so
redesignated), by striking ``to:'' and inserting ``to
do any of the following:'';
(B) in each of paragraphs (1) through (6) (as so
redesignated), by striking ``; or'' each place it
appears and inserting a period;
(C) in paragraph (6) (as so redesignated)--
(i) by striking ``(1)'' and inserting
``(A)'';
(ii) by striking ``(2)'' and inserting
``(B)''; and
(iii) by striking ``(3)'' and inserting
``(C)'';
(D) by inserting after paragraph (6) the following:
``(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, public
manner under which--
``(i) buyers and sellers have the
opportunity to participate in the bid;
``(ii) more than 1 blind bid is solicited;
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
``(iii) in the case of another type of
livestock, a comparable quantity of that type
of livestock, as determined by the Secretary.
``(8) Own or feed livestock directly, through a subsidiary,
or through an arrangement that gives a packer operational,
managerial, or supervisory control 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
participating 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
cooperative, if a majority of the ownership interest in
the cooperative is held by active cooperative members
that--
``(i) own, feed, or control the livestock;
and
``(ii) provide the livestock to the
cooperative for slaughter;
``(C) a packer that is not required to report to
the Secretary on each reporting day (as defined in
section 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; 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 action.''; and
(E) in paragraph (10) (as so redesignated), by
striking ``subdivision (a), (b), (c), (d), or (e)'' and
inserting ``paragraphs (1) through (9)''; and
(4) by adding at the end the following:
``(b) Unfair, Discriminatory, and Deceptive Practices and
Devices.--Acts by a packer, swine contractor, or live poultry dealer
that violate subsection (a)(1) include the following:
``(1) Refusal to provide, on the request of a livestock
producer, swine production contract grower, or poultry grower
with which the packer, swine 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
``(C) to seek an award of attorneys' fees, if
available under applicable law.
``(3) Termination of a poultry growing arrangement 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 regarding a material
condition or term in a contract or business transaction.
``(c) Undue or Unreasonable Preferences, Advantages, Prejudices,
and Disadvantages.--
``(1) In general.--Acts by a packer, swine contractor, or
live poultry dealer that violate subsection (a)(2) include the
following:
``(A) A retaliatory action (including coercion or
intimidation) or the threat of retaliatory action--
``(i) in connection with the execution,
termination, extension, or renewal of a
contract or agreement with a livestock
producer, swine production contract grower, or
poultry grower aimed to discourage the exercise
of the rights of the livestock producer, swine
production contract grower, or poultry grower
under this Act or any other law; and
``(ii) in response to lawful communication
(including as described in paragraph (2)),
association, or assertion of rights by a
livestock producer, swine production contract
grower, or poultry grower.
``(B) Use of the tournament system for poultry as
described in paragraph (3).
``(2) Lawful communication described.--A lawful
communication referred to in paragraph (1)(A)(ii) includes--
``(A) a communication with officials of a Federal
agency or Members of Congress;
``(B) any lawful disclosure that demonstrates a
reasonable belief of a violation of this Act or any
other law; and
``(C) any other communication that assists in
carrying out the purposes of this Act.
``(3) Use of tournament system for poultry.--
``(A) In general.--Subject to subparagraph (B), a
live poultry dealer shall be in violation of subsection
(a)(2) if the live poultry dealer determines the
formula for calculating the pay of a poultry grower in
a tournament group by comparing the performance of the
birds of other poultry growers in the group using
factors outside the control of the poultry grower and
within the control of the live poultry dealer.
``(B) Exception.--Under subparagraph (A), a live
poultry dealer shall not be found in violation of
subsection (a)(2) if the live poultry dealer
demonstrates through clear and convincing evidence that
the inputs and services described in subparagraph (C)
that were used in the comparative evaluation were
substantially the same in quality, quantity, and
timing, as applicable, for all poultry growers in the
tournament group.
``(C) Inputs and services described.--The inputs
and services referred to in subparagraph (B) include,
with respect to poultry growers in the same tournament
group--
``(i) the quantity, breed, sex, and age of
chicks delivered to each poultry grower;
``(ii) the breed and age of the breeder
flock from which chicks are drawn for each
poultry grower;
``(iii) the quality, type (such as starter
feed), and quantity of feed delivered to each
poultry grower;
``(iv) the quality of and access to
medications for the birds of each poultry
grower;
``(v) the number of birds in a flock
delivered to each poultry grower;
``(vi) the timing of the pick-up of birds
for processing (including the age of the birds
and the number of days that the birds are in
the care of the poultry grower) for each
poultry grower;
``(vii) the death loss of birds during
pick-up, transport, and time spent at the
processing plant for each poultry grower;
``(viii) condemnations of parts of birds
due to actions in processing for each poultry
grower;
``(ix) condemnations of whole birds due to
the fault of the poultry grower;
``(x) the death loss of birds due to the
fault of the poultry grower;
``(xi) the stated reasons for the cause of
the death losses and condemnations described in
clauses (vii) through (x);
``(xii) the type and classification of each
poultry grower; and
``(xiii) any other input or service that
may have an impact on feed conversion to weight
gain efficiency or the life span of the birds
of each poultry grower.
``(d) Harm to Competition Not Required.--In determining whether an
act, device, or conduct is a violation under paragraph (1) or (2) of
subsection (a), a finding 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(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192) (as designated by subsection (a)(2)), shall take
effect on the date of enactment of this Act.
(2) Transition rules.--In the case of a packer 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(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192) (as designated by subsection (a)(2)), that
paragraph shall take effect--
(A) in the case of a packer of swine, beginning 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.
SEC. 203. 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 following:
``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
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 livestock--
``(A) that sells livestock to a packer;
``(B) that has less than 1 percent equity interest
in the packer;
``(C) that has no officers, directors, employees,
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 interest.
``(3) Spot market sale.--
``(A) In general.--The term `spot market 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.
``(B) Reasonable competitive bidding opportunity.--
For the purposes of subparagraph (A)(iii), a reasonable
competitive bidding opportunity shall be considered to
exist if--
``(i) no written or oral agreement
precludes the producer from soliciting or
receiving 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 Commercial
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 reporting day in each
plant, the covered packer shall slaughter not less than the applicable
percentage specified in subsection (c) of the quantity through spot
market sales from nonaffiliated producers.
``(c) Applicable Percentages.--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage shall be 50 percent.
``(2) Exceptions.--In the case of a covered packer that
reported to the Secretary in the 2020 annual report that more
than 60 percent of the livestock of the covered packer were
committed procurement livestock, the applicable percentage
shall be the greater of--
``(A) the difference between the percentage of
committed procurement so reported and 100 percent; and
``(B)(i) during each of calendar years 2023 and
2024, 20 percent;
``(ii) during each of calendar years 2025 and 2026,
30 percent; and
``(iii) during calendar year 2027 and each calendar
year thereafter, 50 percent.
``(d) Nonpreemption.--This section does not preempt any requirement
of a State or political subdivision of a State that requires a covered
packer to purchase on the spot market a greater percentage of the
livestock purchased by the covered packer than is required under this
section.''.
SEC. 204. 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''.
(c) Violations by Live Poultry Dealers.--Section 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. 205. 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 following:
``(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. 206. 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 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''.
(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 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''.
TITLE III--LABELING OF MEAT AND DAIRY PRODUCTS
SEC. 301. RESTORATION OF MANDATORY COUNTRY OF ORIGIN LABELING FOR BEEF
AND PORK; INCLUSION OF DAIRY PRODUCTS.
(a) Definitions.--Section 281 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1638) is amended--
(1) by redesignating paragraphs (1), (2) through (5), (6),
and (7) as paragraphs (2), (4) through (7), (9), and (10),
respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Beef.--The term `beef' means meat produced from
cattle (including veal).'';
(3) in paragraph (2) (as so redesignated)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``lamb'' and
inserting ``beef, lamb, pork,'';
(ii) in clause (ii), by striking ``ground
lamb'' and inserting ``ground beef, ground
lamb, ground pork,'';
(iii) in clause (x), by striking ``and'' at
the end;
(iv) in clause (xi), by striking the period
at the end and inserting ``; and''; and
(v) by adding at the end the following:
``(xii) dairy products.''; and
(B) in subparagraph (B), by inserting ``(other than
clause (xii) of that subparagraph)'' after
``subparagraph (A)'';
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Dairy product.--The term `dairy product' 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 redesignated)
the following:
``(8) Pork.--The term `pork' means meat produced 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.--
``(A) In general.--A retailer of a covered
commodity that is a dairy product shall designate 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 commodity were
produced, originated, or sourced; and
``(ii) each country in which the covered
commodity was processed.
``(B) State, region, locality of the united
states.--With respect to a covered commodity that is a
dairy product produced exclusively 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. 302. TRUTH IN LABELING FOR MEAT AND MEAT FOOD PRODUCTS.
Section 7 of the Federal Meat Inspection Act (21 U.S.C. 607) is
amended by adding at the end the following:
``(g) Product of the United States.--The label of a meat or meat
food product may bear the phrase `Product of U.S.A.', or any
substantially similar word or phrase, only if the meat or meat food
product is exclusively derived from 1 or more animals exclusively born,
raised, and slaughtered in the United States.''.
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