Mandatory Price Reporting Act of 2010

S. 3656

One Hundred Eleventh Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten

An Act
To amend the Agricultural Marketing Act of 1946 to improve the reporting on
sales of livestock 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.

This Act may be cited as the ‘‘Mandatory Price Reporting
Act of 2010’’.
SEC. 2. LIVESTOCK MANDATORY REPORTING.

(a) EXTENSION OF AUTHORITY.—
(1) IN GENERAL.—Section 260 of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1636i) is amended by striking ‘‘September
30, 2010’’ and inserting ‘‘September 30, 2015’’.
(2) 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’’.
(b) WHOLESALE PORK CUTS.—
(1) REPORTING.—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:
‘‘SEC. 233. MANDATORY REPORTING OF WHOLESALE PORK CUTS.

‘‘(a) REPORTING.—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.
‘‘(b) PUBLICATION.—The Secretary shall publish information
reported under subsection (a) as the Secretary determines necessary
and appropriate.’’.
(2) NEGOTIATED RULEMAKING.—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).
(3) NEGOTIATED RULEMAKING COMMITTEE.—
(A) REPRESENTATION.—Any negotiated rulemaking
committee established by the Secretary of Agriculture
pursuant to paragraph (2) shall include representatives
from—
(i) organizations representing swine producers;

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(ii) organizations representing packers of pork,
processors of pork, retailers of pork, and buyers of
wholesale pork;
(iii) the Department of Agriculture; and
(iv) among interested parties that participate in
swine or pork production.
(B) 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.).
(4) TIMING OF PROPOSED AND FINAL RULES.—In carrying
out the negotiated rulemaking process under paragraph (2),
the Secretary of Agriculture shall ensure that—
(A) 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
(B) a final rule is promulgated not later than one
and a half years after the date of the enactment of this
Act.
(c) 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
‘‘cotton,’’ and inserting ‘‘cotton, pork,’’.
SEC. 3. DAIRY MANDATORY REPORTING.

(a) 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:
‘‘(d) ELECTRONIC REPORTING.—
‘‘(1) ELECTRONIC REPORTING SYSTEM REQUIRED.—The Secretary shall establish an electronic reporting system to carry
out this section.
‘‘(2) PUBLICATION.—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.’’.
(b) IMPLEMENTATION.—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

S. 3656—3
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.