HouseH.R. 10506119th Congress

Packers and Stockyards Improvements Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10506 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10506

 To confer in the Secretary of Agriculture the authority to use civil 
  investigative demands for enforcement of the Packers and Stockyards 
                   Act, 1921, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2026

 Ms. Scanlon introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
 To confer in the Secretary of Agriculture the authority to use civil 
  investigative demands for enforcement of the Packers and Stockyards 
                   Act, 1921, 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 ``Packers and Stockyards Improvements 
Act''.

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, and 195), are each amended by inserting ``, 
live poultry dealer,'' after ``packer'' each place it appears.
    (b) Repeals.--Sections 411, 412, and 413 of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 228b-2, 228b-3, and 228b-4) are 
repealed.
    (c) Conforming Amendments.--Sections 414 and 415 of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 228c and 228d) are redesignated as 
sections 411 and 412, respectively.

SEC. 3. SHARING OF LIVESTOCK DATA.

    Section 251(b)(2) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1636) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A), the following:
                    ``(B) on a regular and continual basis, to--
                            ``(i) any person employed by the Department 
                        of Agriculture who is charged with the duty of 
                        enforcing or carrying into effect any provision 
                        of the Packers and Stockyards Act, 1921 (7 
                        U.S.C. 201 et seq.), for the purpose of 
                        monitoring violations of such Act; and
                            ``(ii) any person employed by the Commodity 
                        Futures Trading Commission who is charged with 
                        the duty of enforcing or carrying into effect 
                        any provision of the Commodity Exchange Act (7 
                        U.S.C. 1 et seq.), for the purpose of 
                        monitoring violations of such Act.''.

SEC. 4. CIVIL INVESTIGATIVE DEMANDS.

    Title IV of the Packers and Stockyards Act, 1921 (7 U.S.C. 221 et 
seq.) is amended by inserting before section 417 the following:

``SEC. 413. CIVIL INVESTIGATIVE DEMANDS.

    ``(a) Demands.--
            ``(1) In general.--Whenever the Secretary has reason to 
        believe that any person may be in possession, custody, or 
        control of any documentary material or tangible things, or may 
        have any information relevant to an unlawful practice under 
        section 202, the Secretary may, before the institution of any 
        proceedings under section 203(a), issue in writing and cause to 
        be served upon such person, a civil investigative demand 
        requiring such person to--
                    ``(A) produce such documentary material for 
                inspection and copying or reproduction;
                    ``(B) submit such tangible things;
                    ``(C) file written reports or answers to questions;
                    ``(D) give oral testimony concerning documentary 
                material or other information; or
                    ``(E) furnish any combination of such material, 
                tangible things, answers, or testimony.
            ``(2) Requirements.--Each civil investigative demand shall 
        state the nature of the conduct constituting the alleged 
        violation which is under investigation and the provision of law 
        applicable to such violation.
            ``(3) Production of documents.--Each civil investigative 
        demand for the production of documentary material shall--
                    ``(A) describe each class of documentary material 
                to be produced under the demand with such definiteness 
                and certainty as to permit such material to be fairly 
                identified;
                    ``(B) prescribe a return date or dates which will 
                provide a reasonable period of time within which the 
                material so demanded may be assembled and made 
                available for inspection and copying or reproduction; 
                and
                    ``(C) identify the custodian to whom such material 
                shall be made available.
            ``(4) Production of things.--Each civil investigative 
        demand for the submission of tangible things shall--
                    ``(A) describe each class of tangible things to be 
                submitted under the demand with such definiteness and 
                certainty as to permit such things to be fairly 
                identified;
                    ``(B) prescribe a return date or dates which will 
                provide a reasonable period of time within which the 
                things so demanded may be assembled and submitted; and
                    ``(C) identify the custodian to whom such things 
                shall be submitted.
            ``(5) Demand for written reports or answers.--Each civil 
        investigative demand for written reports or answers to 
        questions shall--
                    ``(A) propound with definiteness and certainty the 
                reports to be produced or the questions to be answered;
                    ``(B) prescribe a date or dates at which time 
                written reports or answers to questions shall be 
                submitted; and
                    ``(C) identify the custodian to whom such reports 
                or answers shall be submitted.
            ``(6) Oral testimony.--Each civil investigative demand for 
        the giving of oral testimony shall--
                    ``(A) prescribe a date, time, and place at which 
                oral testimony shall be commenced; and
                    ``(B) identify a packers and stockyards 
                investigator who shall conduct the investigation and 
                the custodian to whom the transcript of such 
                investigation shall be submitted.
            ``(7) Service.--Any civil investigative demand issued, and 
        any enforcement petition filed, under this section may be 
        served--
                    ``(A) by any packers and stockyards investigator at 
                any place within the territorial jurisdiction of any 
                court of the United States; and
                    ``(B) upon any person who is not found within the 
                territorial jurisdiction of any court of the United 
                States--
                            ``(i) in such manner as the Federal Rules 
                        of Civil Procedure prescribe for service in a 
                        foreign nation; and
                            ``(ii) to the extent that courts of the 
                        United States have authority to assert 
                        jurisdiction over such person, consistent with 
                        due process, the United States District Court 
                        for the District of Columbia shall have the 
                        same jurisdiction to take any action respecting 
                        compliance with this section by such person.
            ``(8) Method of service.--Service of any civil 
        investigative demand or any enforcement petition filed under 
        this section may be made upon a person, including any natural 
        person or any legal entity, by--
                    ``(A) delivering a duly executed copy of such 
                demand or petition to the individual or to any partner, 
                executive officer, managing agent, or general agent of 
                such person, or to any agent of such person authorized 
                by appointment or by law to receive service of process 
                on behalf of such person;
                    ``(B) delivering a duly executed copy of such 
                demand or petition to the principal office or place of 
                business of the person to be served; or
                    ``(C) depositing a duly executed copy in the United 
                States mails, by registered or certified mail, return 
                receipt requested, duly addressed to such person at the 
                principal office or place of business of such person.
            ``(9) Proof of service.--
                    ``(A) In general.--A verified return by the 
                individual serving any civil investigative demand or 
                any enforcement petition filed under this section 
                setting forth the manner of such service shall be proof 
                of such service.
                    ``(B) Return receipts.--In the case of service by 
                registered or certified mail, such return shall be 
                accompanied by the return post office receipt of 
                delivery of such demand or enforcement petition.
            ``(10) Production of documentary material.--The production 
        of documentary material in response to a civil investigative 
        demand shall be made under a sworn certificate, in such form as 
        the demand designates by the person, if a natural person, to 
        whom the demand is directed or, if not a natural person, by any 
        person having knowledge of the facts and circumstances relating 
        to such production, to the effect that all of the documentary 
        material required by the demand and in the possession, custody, 
        or control of the person to whom the demand is directed has 
        been produced and made available to the custodian.
            ``(11) Submission of tangible things.--The submission of 
        tangible things in response to a civil investigative demand 
        shall be made under a sworn certificate, in such form as the 
        demand designates by the person, if a natural person, to whom 
        the demand is directed or, if not a natural person, by any 
        person having knowledge of the facts and circumstances relating 
        to such production, to the effect that all of the tangible 
        things required by the demand and in the possession, custody, 
        or control of the person to whom the demand is directed have 
        been submitted to the custodian.
            ``(12) Separate answers.--Each reporting requirement or 
        question in a civil investigative demand shall be answered 
        separately and fully in writing under oath, unless such 
        requirement is objected to. Such an objection shall be stated 
        in lieu of an answer, and it shall be submitted under a sworn 
        certificate, in such form as the demand designates--
                    ``(A) by the person, if a natural person, to whom 
                the demand is directed; or
                    ``(B) if not a natural person, by any person 
                responsible for answering each reporting requirement or 
                question to the effect that all information required by 
                the demand and in the possession, custody, control, or 
                knowledge of the person to whom the demand is directed 
                has been submitted.
            ``(13) Testimony.--
                    ``(A) In general.--
                            ``(i) Oath and recordation.--The 
                        examination of any person pursuant to a demand 
                        for oral testimony served under this subsection 
                        shall be taken before a packers and stockyards 
                        investigator authorized to administer oaths and 
                        affirmations by the laws of the United States 
                        or of the place at which the examination is 
                        held. The officer before whom oral testimony is 
                        to be taken shall put the witness on oath or 
                        affirmation and shall personally, or by any 
                        individual acting under the direction of and in 
                        the presence of the officer, record the 
                        testimony of the witness.
                            ``(ii) Transcription.--The testimony shall 
                        be taken stenographically and transcribed.
                            ``(iii) Transmission to custodian.--After 
                        the testimony is fully transcribed, the officer 
                        before whom the testimony is taken shall 
                        promptly transmit a copy of the transcript of 
                        the testimony to the custodian.
                    ``(B) Parties present.--Any packers and stockyards 
                investigator before whom oral testimony is to be taken 
                shall exclude from the place where the testimony is to 
                be taken all other persons, except the person giving 
                the testimony, the attorney for that person, the 
                officer before whom the testimony is to be taken, an 
                investigator or representative of an agency with which 
                the Secretary in engaged in a joint investigation, and 
                any stenographer taking such testimony.
                    ``(C) Location.--The oral testimony of any person 
                taken pursuant to a civil investigative demand shall be 
                taken in the judicial district of the United States in 
                which such person resides, is found, or transacts 
                business, or in such other place as may be agreed upon 
                by the packers and stockyards investigator before whom 
                the oral testimony of such person is to be taken.
                    ``(D) Attorney representation.--
                            ``(i) In general.--Any person compelled to 
                        appear under a civil investigative demand for 
                        oral testimony pursuant to this section may be 
                        accompanied, represented, and advised by an 
                        attorney.
                            ``(ii) Authority.--The attorney may advise 
                        a person described in clause (i), in 
                        confidence, either upon the request of such 
                        person or upon the initiative of the attorney, 
                        with respect to any question asked of such 
                        person.
                            ``(iii) Objections.--A person described in 
                        clause (i), or the attorney for that person, 
                        may object on the record to any question, in 
                        whole or in part, and such person shall briefly 
                        state for the record the reason for the 
                        objection. An objection may properly be made, 
                        received, and entered upon the record when it 
                        is claimed that such person is entitled to 
                        refuse to answer the question on grounds of any 
                        constitutional or other legal right or 
                        privilege, including the privilege against 
                        self-incrimination, but such person shall not 
                        otherwise object to or refuse to answer any 
                        question, and such person or attorney shall not 
                        otherwise interrupt the oral examination.
                            ``(iv) Refusal to answer.--If a person 
                        described in clause (i) refuses to answer any 
                        question--
                                    ``(I) the Secretary may petition 
                                the district court of the United States 
                                pursuant to this section for an order 
                                compelling such person to answer such 
                                question; and
                                    ``(II) if the refusal is on grounds 
                                of the privilege against self-
                                incrimination, the testimony of such 
                                person may be compelled in accordance 
                                with the provisions of section 6004 of 
                                title 18, United States Code.
                    ``(E) Transcripts.--For the purposes of this 
                subsection--
                            ``(i) after the testimony of any witness is 
                        fully transcribed, the packers and stockyards 
                        investigator shall afford the witness (who may 
                        be accompanied by an attorney) a reasonable 
                        opportunity to examine the transcript;
                            ``(ii) the transcript shall be read to or 
                        by the witness, unless such examination and 
                        reading are waived by the witness;
                            ``(iii) any changes in form or substance 
                        which the witness desires to make shall be 
                        entered and identified upon the transcript by 
                        the packers and stockyards investigator, with a 
                        statement of the reasons given by the witness 
                        for making such changes;
                            ``(iv) the transcript shall be signed by 
                        the witness, unless the witness in writing 
                        waives the signing, is ill, cannot be found, or 
                        refuses to sign; and
                            ``(v) if the transcript is not signed by 
                        the witness during the 30-day period following 
                        the date on which the witness is first afforded 
                        a reasonable opportunity to examine the 
                        transcript, the packers and stockyards 
                        investigator shall sign the transcript and 
                        state on the record the fact of the waiver, 
                        illness, absence of the witness, or the refusal 
                        to sign, together with any reasons given for 
                        the failure to sign.
                    ``(F) Certification by investigator.--The packers 
                and stockyards investigator shall certify on the 
                transcript that the witness was duly sworn by him or 
                her and that the transcript is a true record of the 
                testimony given by the witness, and the packers and 
                stockyards investigator shall promptly deliver the 
                transcript or send it by registered or certified mail 
                to the custodian.
                    ``(G) Copy of transcript.--The packers and 
                stockyards investigator shall furnish a copy of the 
                transcript (upon payment of reasonable charges for the 
                transcript) to the witness only, except that the 
                Secretary may for good cause limit such witness to 
                inspection of the official transcript of his testimony.
                    ``(H) Witness fees.--Any witness appearing for the 
                taking of oral testimony pursuant to a civil 
                investigative demand shall be entitled to the same fees 
                and mileage which are paid to witnesses in the district 
                courts of the United States.
    ``(b) Confidential Treatment of Demand Material.--
            ``(1) In general.--Documentary materials and tangible 
        things received as a result of a civil investigative demand 
        shall be subject to requirements and procedures regarding 
        confidentiality, in accordance with rules established by the 
        Secretary.
            ``(2) Disclosure to congress.--No rule established by the 
        Secretary regarding the confidentiality of materials submitted 
        to, or otherwise obtained by, the Secretary shall, pursuant to 
        a civil investigative demand under this section, be intended to 
        prevent disclosure to either House of Congress or to an 
        appropriate committee of the Congress, except that the 
        Secretary is permitted to adopt rules allowing prior notice to 
        any party that owns or otherwise provided the material to the 
        Secretary and had designated such material as confidential.
    ``(c) Petition for Enforcement.--
            ``(1) In general.--Whenever any person fails to comply with 
        any civil investigative demand duly served upon such person 
        under this section, or whenever satisfactory copying or 
        reproduction of material requested pursuant to the demand 
        cannot be accomplished and such person refuses to surrender 
        such material, the Secretary, through such officers or 
        attorneys as the Secretary may designate, may file, in the 
        district court of the United States for any judicial district 
        in which such person resides, is found, or transacts business, 
        and serve upon such person, a petition for an order of such 
        court for the enforcement of this section.
            ``(2) Service of process.--All process of any court to 
        which application may be made as provided in this subsection 
        may be served in any judicial district.
    ``(d) Petition for Order Modifying or Setting Aside Demand.--
            ``(1) In general.--Any person served in a civil 
        investigative demand under subsection (a) may, during the 
        period described in paragraph (2), file with the Secretary a 
        petition for an order by the Secretary modifying or setting 
        aside the demand.
            ``(2) Period described.--A petition under paragraph (1) 
        shall be made--
                    ``(A) not later than 20 days after the service of 
                any civil investigative demand upon any person under 
                subsection (a), or at any time before the return date 
                specified in the demand, whichever period is shorter; 
                or
                    ``(B) in such period exceeding 20 days after 
                service or in excess of such return date as may be 
                prescribed in writing, subsequent to service, by any 
                packers and stockyards investigator named in the 
                demand.
            ``(3) Compliance during pendency.--The time permitted for 
        compliance with the demand in whole or in part, as determined 
        proper and ordered by the Secretary, shall not run during the 
        pendency of a petition under paragraph (1) by the Secretary, 
        except that such person shall comply with any portions of the 
        demand not sought to be modified or set aside.
            ``(4) Specific grounds.--A petition under paragraph (1) 
        shall specify each ground upon which the petitioner relies in 
        seeking relief, and may be based upon any failure of the demand 
        to comply with the provisions of this section, or upon any 
        constitutional or other legal right or privilege of such 
        person.
    ``(e) Custodial Control.--At any time during which any custodian is 
in custody or control of any documentary material, tangible things, 
reports, answers to questions, or transcripts of oral testimony given 
by any person in compliance with any civil investigative demand, such 
person may file, in the district court of the United States for the 
judicial district within which the office of such custodian is 
situated, and serve upon such custodian, a petition for an order of 
such court requiring the performance by such custodian of any duty 
imposed upon such custodian by this section or rule promulgated by the 
Secretary.
    ``(f) Jurisdiction of Court.--
            ``(1) In general.--Whenever any petition is filed in any 
        district court of the United States under this section, such 
        court shall have jurisdiction to hear and determine the matter 
        so presented, and to enter such order or orders as may be 
        required to carry out the provisions of this section.
            ``(2) Appeal.--Any final order entered as described in 
        paragraph (1) shall be subject to appeal pursuant to section 
        1291 of title 28.
    ``(g) Definitions.--In this section:
            ``(1) Civil investigative demand.--The term `civil 
        investigative demand' means any demand issued under subsection 
        (a).
            ``(2) Custodian.--The term `custodian' means the custodian 
        or any deputy custodian designated by the Secretary.
            ``(3) Documentary material.--The term `documentary 
        material' includes the original or any copy of any book, 
        record, report, memorandum, paper, communication, tabulation, 
        chart, or other document or media file.
            ``(4) Packers and stockyards investigator.--The term 
        `packers and stockyards investigator' means any attorney or 
        investigator employed by the Department of Agriculture who is 
        charged with the duty of enforcing or carrying into effect any 
        provision of this chapter, or any officer or employee of the 
        United States acting under the direction and supervision of 
        such attorney or investigator in connection with a packers and 
        stockyards investigation.
            ``(5) Violation.--The term `violation' means any act or 
        omission that, if proved, would constitute a violation of any 
        provision of this chapter.

``SEC. 414. WHISTLEBLOWER PROTECTIONS.

    ``(a) Whistleblower Protections for Employees, Contractors, 
Subcontractors, and Agents.--
            ``(1) In general.--No covered entity may discharge, demote, 
        intimidate, restrain, coerce, blacklist, harass, or in any 
        other manner retaliate, discriminate, or take adverse action 
        against a covered individual because of any lawful act done by 
        the covered individual--
                    ``(A) to provide or cause to be provided to the 
                Federal Government, an attorney general of a State, or 
                a person with supervisory authority over the covered 
                individual, or such other person working for the 
                employer who has the authority to investigate, 
                discover, or terminate misconduct, information relating 
                to any violation of, or any act or omission the covered 
                individual reasonably believes to be a violation of, a 
                provision of this chapter; or
                    ``(B) to cause to be filed, testify in, participate 
                in, or otherwise assist a Federal Government 
                investigation or a Federal Government proceeding filed 
                or about to be filed (with any knowledge of the 
                employer) or any cause of action relating to any 
                violation of, or any act or omission the covered 
                individual reasonably believes to be a violation of, a 
                provision of this chapter.
            ``(2) Limitation on protections.--Paragraph (1) shall not 
        apply to any covered individual if--
                    ``(A) the covered individual planned and initiated 
                a violation or attempted violation of a provision of 
                this chapter;
                    ``(B) the covered individual planned and initiated 
                a violation or attempted violation of another criminal 
                law in conjunction with a violation or attempted 
                violation of a provision of this chapter; or
                    ``(C) the covered individual planned and initiated 
                an obstruction or attempted obstruction of an 
                investigation by the Department of Agriculture of a 
                violation of a provision of this chapter.
            ``(3) Definitions.--In this section:
                    ``(A) Covered individual.--The term `covered 
                individual' means an employee, contractor, 
                subcontractor, or agent of an employer.
                    ``(B) Covered entity.--The term `covered entity' 
                means a person, or any officer, employee, contractor, 
                subcontractor, or agent of such person.
                    ``(C) Federal government.--The term `Federal 
                Government' means--
                            ``(i) a Federal regulatory or law 
                        enforcement agency; or
                            ``(ii) any Member of Congress or committee 
                        of Congress.
    ``(b) Enforcement Action.--
            ``(1) In general.--A covered individual who alleges 
        discharge or other discrimination by any covered entity in 
        violation of subsection (a) may seek relief under subsection 
        (c) by--
                    ``(A) filing a complaint with the Secretary of 
                Labor; or
                    ``(B) if the Secretary of Labor has not issued a 
                final decision after the day that is 180 days after the 
                date on which the complaint was filed, and such delay 
                is not due to the bad faith of the claimant, bringing 
                an action in the appropriate district court of the 
                United States.
            ``(2) Procedure.--
                    ``(A) In general.--The Secretary of Labor shall 
                establish rules and procedures to govern complaints 
                filed under paragraph (1)(A) that are similar to the 
                rules and procedures set forth in section 42121(b) of 
                title 49, United States Code (as in effect on the date 
                of enactment of this section).
                    ``(B) Requirement.--Notification related to a 
                complaint filed under paragraph (1)(A) shall be made to 
                any individual named in the complaint and to the 
                covered entity.
                    ``(C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof described in section 42121(b) of title 49, 
                United States Code.
                    ``(D) Statute of limitations.--A complaint under 
                paragraph (1)(A) shall be filed with the Secretary of 
                Labor not later than 180 days after the date on which 
                the violation occurs.
                    ``(E) Civil actions to enforce.--If a person fails 
                to comply with an order or preliminary order issued by 
                the Secretary of Labor pursuant to the procedures 
                established under subparagraph (A), the Secretary of 
                Labor or the person on whose behalf the order was 
                issued may bring a civil action to enforce the order in 
                the district court of the United States for the 
                judicial district in which the violation occurred.
    ``(c) Remedies.--
            ``(1) In general.--A covered individual prevailing in any 
        action under subsection (b)(1) shall be entitled to all relief 
        necessary to make the covered individual whole, including--
                    ``(A) reinstatement with the same seniority status 
                that the covered individual would have had, but for the 
                discrimination, retaliation, or adverse action;
                    ``(B) the amount of back pay or lost income, with 
                interest; and
                    ``(C) compensation for any special damages 
                sustained as a result of the retaliation, 
                discrimination, or adverse action, including litigation 
                costs, expert witness fees, and reasonable attorney's 
                fees.
            ``(2) Punitive damages.--Relief in any action under 
        subsection (b)(1) may include punitive damages in an amount not 
        to exceed $400,000.
    ``(d) Rights Retained by Whistleblowers.--Nothing in this section 
shall be determined to diminish the rights, privileges, or remedies of 
any covered individual under any Federal or State law, or under any 
collective bargaining agreement.''.

SEC. 5. UNFAIR PRACTICES IN LIVESTOCK, POULTRY, AND MEAT MARKETS.

    Subtitle A of title II of the Packers and Stockyards Act, 1921 (7 
U.S.C. 191 et seq.) is amended by inserting after section 202 (7 U.S.C. 
192) the following:

``SEC. 202A.(A) FOR PURPOSES OF SECTION 202(A), THE TERM `UNFAIR 
              PRACTICE' INCLUDES ANY ACT IN WHICH A PACKER, SWINE 
              CONTRACTOR, OR LIVE POULTRY DEALER IS ENGAGED THAT--

            ``(1) is a collusive, coercive, predatory, restrictive, 
        deceitful, or exclusionary method of competition that may 
        negatively affect competitive conditions; or
            ``(2) causes or is likely to cause substantial injury to 
        one or more market participants, which--
                    ``(A) the participant or participants cannot 
                reasonably avoid; and
                    ``(B) the packer, swine contractor, or live poultry 
                dealer cannot justify by establishing countervailing 
                benefits to the market participant or participants or 
                to competition in the market that outweighs the 
                substantial injury or likelihood of substantial injury.
    ``(b) For purposes of subsection (a)(2)(A), an injury shall not be 
treated as reasonably avoidable--
            ``(1) solely because the act referred to in such subsection 
        has been disclosed to market participants by the packer, swine 
        contractor, or live poultry dealer engaging in such act; and
            ``(2) if to avoid such an injury, a market participant 
        would be required to take unreasonable steps, such as exiting 
        the market or making unreasonable additional investments or 
        efforts.
    ``(c) For purposes of section 202(a), the following acts shall be 
considered to be unfair practices:
            ``(1) A live poultry dealer utilizing a comparison of 
        poultry growers to reduce any rate of compensation under the 
        contract.
            ``(2) A live poultry dealer operating a comparison of 
        poultry growers that results in excessive variability in 
        compensation to the grower.
            ``(3) A packer utilizing a price term in a livestock or 
        meat contract that is based on other transactions of livestock 
        or meat, where the price term is unreasonably variable, 
        including owing to insufficient specificity regarding the type 
        or quality of the livestock or meat in the other transactions 
        on which the price term is based or to insufficient 
        transactions on which the price is based.
            ``(4) A packer requiring a producer of livestock to 
        exclusively or near exclusively transact with a packer, unless 
        the producer has an option to trade a sufficient amount of the 
        livestock to be procured under a contract through a livestock 
        exchange in which the packer is a participant among other 
        packers such that the exchange will be reasonably competitive 
        in price discovery.
            ``(5) A packer failing to fully compensate producers of 
        livestock for any delay in pickup of the livestock beyond seven 
        days from the date on which the cattle were priced for 
        purchase.
            ``(6) A live poultry dealer terminating a poultry growing 
        arrangement, or a swine contractor terminating a swine 
        production contract, without full compensation to the grower 
        for debt incurred or other investments reasonably requested or 
        made in order to secure or maintain the poultry growing 
        arrangement or swine production contract including all renewals 
        to any original contract between the live poultry dealer or 
        swine contractor and the grower.
            ``(7) A packer failing to fully compensate livestock 
        producers that regularly market livestock to a packer at a 
        processing plant arising from the closure of the processing 
        plant, including for a period covering no less than seven years 
        the reasonable additional expenses arising from marketing the 
        livestock at other plants within reasonable marketing distance 
        of the producer and lower prices if the closure results in 
        reduced competition for livestock within a reasonable marketing 
        distance of the closed plant.''.
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