,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fgah ,,in ,,the ,,house ,,of ,,representatives ,may #e1 #bjbj,mr4 ,khanna 7for himself1 ,ms4 ,haaland1 ,mr4 ,blumenauer1 ,mr4 ,raskin1 ,mr4 ,de,fazio1 ,mr4 ,ted ,lieu of ,california1 and ,ms4 ,norton7 introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to place a moratorium on large concentrated animal feeding operations1 to strengthen the ,packers and ,stockyards ,act1 #aiba1 to require country of origin labeling on beef1 pork1 and dairy products1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,farm ,system ,reform ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definition of ,secretary4,title ,i--,animal ,feeding ,operations,sec4 #aja4 ,definitions4,sec4 #ajb4 ,moratorium on large concentrated animal feeding operations4,sec4 #ajc4 ,voluntary debt forgiveness and transition assistance program for animal feeding operations4,sec4 #ajd4 ,integrator responsibilities and liabilities4,title ,,ii--,amendments to ,packers and ,stockyards ,act1 #aiba,sec4 #bja4 ,definitions4,sec4 #bjb4 ,unlawful practices4,sec4 #bjc4 ,spot market purchases of livestock by packers4,sec4 #bjd4 ,investigation of live poultry dealers4,sec4 #bje4 ,award of attorney fees4,sec4 #bjf4 ,technical amendments4,title ,,iii--,labeling of ,meat and ,dairy ,products,sec4 #cja4 ,restoration of mandatory country of origin labeling for beef and pork2 inclusion of dairy products4,sec4 #cjb4 ,truth in labeling for meat and meat food products4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,agriculture4 ,i ,animal ,feeding ,operations #aja4 ,definitions ,in this title3 7#a7 ,agronomic requirement 7,a7 ,in general ,the term agronomic requirement means the quantity of nutrient necessary to achieve a reasonable yield goal for a crop1 as determined based on land grant university fertility rates1 soil testing for available nutrients1 manure analysis1 and other planned nutrient applications4 7,b7 ,exclusions ,planned nutrient applications under subparagraph 7,a7 do not include nutrient indices1 risk indices1 or other methods that allow land application of manure in excess of crop need4 7#b7 ,animal feeding operation2 ,,afo 7,a7 ,in general ,the term animal feeding operation or ,,afo means a lot or facility at which-- 7i7 for not less than a total of #de days in any #ab-month period1 animals 7other than aquatic animals7 are-- 7,i7 stabled or confined2 and 7,,ii7 fed or maintained2 and 7ii7 crops1 vegetation1 forage growth1 or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility4 7,b7 ,aggregation ,two or more lots or facilities described in subparagraph 7,a7 shall constitute a single animal feeding operation if the lots or facilities-- 7i7 are located within #c miles of each other2 and 7ii7 are under common ownership or control4 7,c7 ,exclusion ,the term animal feeding operation or ,,afo does not include a stockyard 7as that term is defined in section #cjb7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bjb7;a7774 7#c7 ,large concentrated animal feeding operation2 large ,,cafo ,the term large concentrated animal feeding operation or large ,,cafo means an ,,afo at which are present not less than-- 7,a7 #gjj mature dairy cows1 milked or dry2 7,b7 #a1jjj veal calves2 7,c7 #a1jjj cattle 7including heifers1 steers1 bulls1 cows1 and calves7 other than mature dairy cows or veal calves2 7,d7 #b1ejj swine1 each weighing not less than #ee pounds2 7,e7 #aj1jjj swine1 each weighing not more than #ee pounds2 7,f7 #ejj horses2 7,g7 #aj1jjj sheep or lambs2 7,h7 #ee1jjj turkeys2 7,i7 in the case of an ,,afo that uses a liquid manure handling system-- 7i7 #cj1jjj laying hens or broilers2 or 7ii7 #e1jjj ducks2 or 7,j7 in the case of an ,,afo that uses a system other than a liquid manure handling system-- 7i7 #abe1jjj chickens 7other than laying hens72 7ii7 #hb1jjj laying hens2 or 7iii7 #cj1jjj ducks4 7#d7 ,contract grower ,the term contract grower means an owner of an ,,afo that raises livestock or poultry pursuant to a written contract1 marketing arrangement1 or other arrangement with an integrator4 7#e7 ,integrator ,the term integrator means an individual or entity that contracts with a contract grower under a growout contract1 marketing arrangement1 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 slaughter1 if the livestock or poultry is sold or shipped in commerce 7as described in section #b7;b7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #ahc774 7#f7 ,manure ,the term manure means-- 7,a7 the fecal and urinary excretions of livestock and poultry2 and 7,b7 litter1 bedding1 compost and raw materials1 process wastewater1 and other materials commingled with the excretions described in subparagraph 7,a7 or set aside for disposal after such commingling4 #ajb4 ,moratorium on large concentrated animal feeding operations 7a7 ,in general ,no large ,,cafo may commence or expand operations on or after the date of enactment of this ,act4 7b7 ,cessation of operations ,no large ,,cafo may continue to operate as a large ,,cafo after ,january #a1 #bjdj4 7c7 ,penalties ,any person that violates subsection 7a7 or 7b7 may be assessed a civil penalty of up to #aj1jjj per violation1 per day1 in addition to any other applicable statutory civil penalty or monetary damages assessed pursuant to any ,state common law judgment4 #ajc4 ,voluntary debt forgiveness and transition assistance program for animal feeding operations 7a7 ,definition of eligible entity 7#a7 ,in general ,in this section1 the term eligible entity means an owner of an ,,afo4 7#b7 ,exclusion ,in this section1 the term eligible entity does not include an owner of an ,,afo that is an integrator4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 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 located4 7c7 ,payments ,under the program established under subsection 7b71 the ,secretary shall provide grants to eligible entities-- 7#a7 to partially or fully pay off any outstanding debt of the eligible entity that was incurred to construct and operate the ,,afo2 and 7#b7 to cover costs relating to the transition of the property on which the ,,afo is located to be used for alternative agriculture activities1 such as raising pasture-based livestock1 growing specialty crops1 or organic commodity production4 7d7 ,requirement ,as a condition of receiving a grant under this section1 an eligible entity shall provide to the ,secretary a working lands easement on the property on which the ,,afo is located that prohibits-- 7#a7 the operation of the ,,afo and any associated waste management system on the easement area2 and 7#b7 the use of the easement area for a spray field or land application of manure at rates exceeding crop agronomic requirements for nitrogen and phosphorus4 7e7 ,funding 7#a7 ,in general ,on the first ,october #a after the date of enactment of this ,act1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section #aj1jjj1jjj1jjj1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 #ajd4 ,integrator responsibilities and liabilities 7a7 ,responsibilities and liabilities 7#a7 ,in general ,an integrator that exercises substantial operational control of an ,,afo1 as described in subsection 7b71 shall be responsible and liable for1 with respect to the operation of the ,,afo-- 7,a7 the disposal of dead animals2 7,b7 the disposal of manure1 excrement1 and other waste2 7,c7 the discharge or release of any air pollutant1 including greenhouse gases1 from any source located on or activity occurring at the ,,afo1 including enteric processes1 manure1 and animal feed2 7,d7 the discharge of any pollutant to groundwater or any surface water body1 including the production area1 manure storage1 manure land application area 7crop field71 tile drain1 and agricultural stormwater runoff of the ,,afo2 7,e7 any harm suffered by the contract grower of the ,,afo or a third party from any activity described in subparagraphs 7,a7 through 7,d71 or from any other on-property or off-property contamination1 including following an extreme weather event2 and 7,f7 any adverse health impacts1 property value diminution1 and loss of use and enjoyment of property suffered by neighboring residents of the ,,afo due to the operation of the ,,afo4 7#b7 ,duties not transferable ,the responsibilities and liabilities of an integrator under this subsection shall be nondelegable and nontransferable to any third party1 including any contract grower4 7b7 ,substantial operational control ,an integrator exercises substantial operational control of an ,,afo if the integrator-- 7#a7 holds an ownership interest in the livestock or poultry1 land1 or other capital of the ,,afo2 7#b7 through a growout contract1 marketing arrangement1 or other arrangement1 or through direct supervision of1 or on-site participation in1 activities at the ,,afo1 controls-- 7,a7 the activity of persons working at the ,,afo2 7,b7 the operation1 management1 or waste management practices of the ,,afo2 or 7,c7 the manner in which livestock or poultry at the ,,afo are grown1 fed1 watered1 ventilated1 heated1 cooled1 or medicated2 7#c7 supplies feed1 pharmaceuticals1 or other inputs to the ,,afo2 or 7#d7 requires a capital investment from the contract grower of the ,,afo for erecting or expanding facilities at the ,,afo4 7c7 ,civil actions 7#a7 ,in general ,any person may-- 7,a7 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 section2 and 7,b7 obtain appropriate relief in a civil action under subparagraph 7,a74 7#b7 ,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 subsection4 7#c7 ,no preemption ,nothing in this subsection preempts1 alters1 displaces1 abridges1 or supplants any claim or remedy available under any ,state or ,federal law1 including common law1 that provides a remedy for civil relief4 7d7 ,,afo discharges ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7t7 ,,afo discharges ,the ,administrator shall require that all persons exercising substantial operational control 7as described in section #ajd7;b7 of the ,farm ,system ,reform ,act of #bjbj7 over an animal feeding operation 7as defined in section #aja of that ,act7 jointly obtain a permit under this section for a discharge from the animal feeding operation4 4 ,,ii ,amendments to ,packers and ,stockyards ,act1 #aiba #bja4 ,definitions ,section #b7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #ahb7;a77 is amended-- 7#a7 in paragraph 7#h71 by striking for slaughter and all that follows through of such poultry and inserting under a poultry growing arrangement1 regardless of whether the poultry is owned by that person or another person2 7#b7 in paragraph 7#i71 by striking and cares for live poultry for delivery1 in accord with another's instructions1 for slaughter and inserting or cares for live poultry in accordance with the instructions of another person2 7#c7 in each of paragraphs 7#a7 through 7#i71 by striking the semicolon at the end and inserting a period2 7#d7 in paragraph 7#aj7-- 7,a7 by striking for the purpose of either slaughtering it or selling it for slaughter by another2 and 7,b7 by striking 2 and at the end and inserting a period2 and 7#e7 by adding at the end the following3 7#ae7 ,formula price 7,a7 ,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 established4 7,b7 ,exclusion ,the term formula price does not include-- 7i7 any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price2 or 7ii7 any adjustment to the base for quality1 grade1 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 packer4 7#af7 ,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 #g days after the date on which the contract is entered into1 without regard to whether the contract is for-- 7,a7 a specified lot of livestock2 or 7,b7 a specified number of livestock over a certain period of time4 4 #bjb4 ,unlawful practices 7a7 ,in general ,section #bjb of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aib7 is amended-- 7#a7 by redesignating subsections 7a7 through 7f7 and 7g7 as paragraphs 7#a7 through 7#f7 and 7#aj71 respectively1 and indenting appropriately2 7#b7 by striking the section designation and all that follows through ,it shall be in the matter preceding paragraph 7#a7 7as so redesignated7 and inserting the following3 #bjb4 ,unlawful acts 7a7 ,in general ,it shall be 2 7#c7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7 7as so redesignated71 by striking to3 and inserting to do any of the following32 7,b7 in each of paragraphs 7#a7 through 7#f7 7as so redesignated71 by striking 2 or each place it appears and inserting a period2 7,c7 in paragraph 7#f7 7as so redesignated7-- 7i7 by striking 7#a7 and inserting 7,a72 7ii7 by striking 7#b7 and inserting 7,b72 and 7iii7 by striking 7#c7 and inserting 7,c72 7,d7 by inserting after paragraph 7#f7 the following3 7#g7 ,use1 in effectuating any sale of livestock1 a forward contract that-- 7,a7 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 into2 7,b7 is not offered for bid in an open1 public manner under which-- 7i7 buyers and sellers have the opportunity to participate in the bid2 7ii7 more than #a blind bid is solicited2 and 7iii7 buyers and sellers may witness bids that are made and accepted2 7,c7 is based on a formula price2 or 7,d7 provides for the sale of livestock in a quantity in excess of-- 7i7 in the case of cattle1 #dj cattle2 7ii7 in the case of swine1 #cj swine2 and 7iii7 in the case of another type of livestock1 a comparable quantity of that type of livestock1 as determined by the ,secretary4 7#h7 ,own or feed livestock directly1 through a subsidiary1 or through an arrangement that gives a packer operational1 managerial1 or supervisory control over the livestock1 or over the farming operation that produces the livestock1 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 livestock1 except that this paragraph shall not apply to-- 7,a7 an arrangement entered into not more than #g business days before slaughter of the livestock by a packer1 a person acting through the packer1 or a person that directly or indirectly controls1 or is controlled by or under common control with1 the packer2 7,b7 a cooperative or entity owned by a cooperative1 if a majority of the ownership interest in the cooperative is held by active cooperative members that-- 7i7 own1 feed1 or control the livestock2 and 7ii7 provide the livestock to the cooperative for slaughter2 7,c7 a packer that is not required to report to the ,secretary on each reporting day 7as defined in section #bab of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afce;a77 information on the price and quantity of livestock purchased by the packer2 or 7,d7 a packer that owns only #a livestock processing plant4 7#i7 ,take any action that adversely affects or is likely to adversely affect competition1 regardless of whether there is a business justification for the action4 2 and 7,e7 in paragraph 7#aj7 7as so redesignated71 by striking subdivision 7a71 7b71 7c71 7d71 or 7e7 and inserting paragraphs 7#a7 through 7#i72 and 7#d7 by adding at the end the following3 7b7 ,unfair1 discriminatory1 and deceptive practices and devices ,acts by a packer1 swine contractor1 or live poultry dealer that violate subsection 7a77#a7 include the following3 7#a7 ,refusal to provide1 on the request of a livestock producer1 swine production contract grower1 or poultry grower with which the packer1 swine contractor1 or live poultry dealer has a marketing or delivery contract1 the relevant statistical information and data used to determine the compensation paid to the livestock producer1 swine production contract grower1 or poultry grower1 as applicable1 under the contract1 including-- 7,a7 feed conversion rates by house1 lot1 or pen2 7,b7 feed analysis2 7,c7 breeder history2 7,d7 quality grade2 7,e7 yield grade2 and 7,f7 delivery volume for any certified branding program 7such as programs for angus beef or certified grassfed or ,berkshire pork74 7#b7 ,conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer1 swine production contract grower1 or poultry grower1 including the right-- 7,a7 to a trial by jury1 unless the livestock producer1 swine production contract grower1 or poultry grower1 as applicable1 is voluntarily bound by an arbitration provision in a contract2 7,b7 to pursue all damages available under applicable law2 and 7,c7 to seek an award of attorneys' fees1 if available under applicable law4 7#c7 ,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 law1 rule1 or regulation4 7#d7 ,a representation1 omission1 or practice that is likely to mislead a livestock producer1 swine production contract grower1 or poultry grower regarding a material condition or term in a contract or business transaction4 7c7 ,undue or unreasonable preferences1 advantages1 prejudices1 and disadvantages 7#a7 ,in general ,acts by a packer1 swine contractor1 or live poultry dealer that violate subsection 7a77#b7 include the following3 7,a7 ,a retaliatory action 7including coercion or intimidation7 or the threat of retaliatory action-- 7i7 in connection with the execution1 termination1 extension1 or renewal of a contract or agreement with a livestock producer1 swine production contract grower1 or poultry grower aimed to discourage the exercise of the rights of the livestock producer1 swine production contract grower1 or poultry grower under this ,act or any other law2 and 7ii7 in response to lawful communication 7including as described in paragraph 7#b771 association1 or assertion of rights by a livestock producer1 swine production contract grower1 or poultry grower4 7,b7 ,use of the tournament system for poultry as described in paragraph 7#c74 7#b7 ,lawful communication described ,a lawful communication referred to in paragraph 7#a77;,a77ii7 includes-- 7,a7 a communication with officials of a ,federal agency or ,members of ,congress2 7,b7 any lawful disclosure that demonstrates a reasonable belief of a violation of this ,act or any other law2 and 7,c7 any other communication that assists in carrying out the purposes of this ,act4 7#c7 ,use of tournament system for poultry 7,a7 ,in general ,subject to subparagraph 7,b71 a live poultry dealer shall be in violation of subsection 7a77#b7 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 dealer4 7,b7 ,exception ,under subparagraph 7,a71 a live poultry dealer shall not be found in violation of subsection 7a77#b7 if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph 7,c7 that were used in the comparative evaluation were substantially the same in quality1 quantity1 and timing1 as applicable1 for all poultry growers in the tournament group4 7,c7 ,inputs and services described ,the inputs and services referred to in subparagraph 7,b7 include1 with respect to poultry growers in the same tournament group-- 7i7 the quantity1 breed1 sex1 and age of chicks delivered to each poultry grower2 7ii7 the breed and age of the breeder flock from which chicks are drawn for each poultry grower2 7iii7 the quality1 type 7such as starter feed71 and quantity of feed delivered to each poultry grower2 7iv7 the quality of and access to medications for the birds of each poultry grower2 7v7 the number of birds in a flock delivered to each poultry grower2 7vi7 the timing of the pick-up of birds for processing 7including the age of the birds and the number of days that the birds are in the care of the poultry grower7 for each poultry grower2 7vii7 the death loss of birds during pick-up1 transport1 and time spent at the processing plant for each poultry grower2 7viii7 condemnations of parts of birds due to actions in processing for each poultry grower2 7ix7 condemnations of whole birds due to the fault of the poultry grower2 7x7 the death loss of birds due to the fault of the poultry grower2 7xi7 the stated reasons for the cause of the death losses and condemnations described in clauses 7vii7 through 7x72 7xii7 the type and classification of each poultry grower2 and 7xiii7 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 grower4 7d7 ,harm to competition not required ,in determining whether an act1 device1 or conduct is a violation under paragraph 7#a7 or 7#b7 of subsection 7a71 a finding that the act1 device1 or conduct adversely affected or is likely to adversely affect competition is not required4 4 7b7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 paragraph 7#h7 of section #bjb7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aib7 7as designated by subsection 7a77#b77 shall take effect on the date of enactment of this ,act4 7#b7 ,transition rules ,in the case of a packer that1 on the date of enactment of this ,act1 owns1 feeds1 or controls livestock intended for slaughter in violation of paragraph 7#h7 of section #bjb7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aib7 7as designated by subsection 7a77#b771 that paragraph shall take effect-- 7,a7 in the case of a packer of swine1 beginning on the date that is #ah months after the date of enactment of this ,act2 and 7,b7 in the case of a packer of any other type of livestock1 beginning not later than #ahj days after the date of enactment of this ,act1 as determined by the ,secretary4 #bjc4 ,spot market purchases of livestock by packers ,the ,packers and ,stockyards ,act1 #aiba1 is amended by inserting after section #bjb 7#g ,u4,s4,c4 #aib7 the following3 #bjb;,a4 ,spot market purchases of livestock by packers 7a7 ,definitions ,in this section3 7#a7 ,covered packer 7,a7 ,in general ,the term covered packer means a packer that is required under subtitle ,b of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afce et seq47 to report to the ,secretary each reporting day information on the price and quantity of livestock purchased by the packer4 7,b7 ,exclusion ,the term covered packer does not include a packer that owns only #a livestock processing plant4 7#b7 ,nonaffiliated producer ,the term nonaffiliated producer means a producer of livestock-- 7,a7 that sells livestock to a packer2 7,b7 that has less than #a percent equity interest in the packer2 7,c7 that has no officers1 directors1 employees1 or owners that are officers1 directors1 employees1 or owners of the packer2 7,d7 that has no fiduciary responsibility to the packer2 and 7,e7 in which the packer has no equity interest4 7#c7 ,spot market sale 7,a7 ,in general ,the term spot market sale means a purchase and sale of livestock by a packer from a producer-- 7i7 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 into2 7ii7 under which the livestock are slaughtered not more than #g days after the date on which the agreement is entered into2 and 7iii7 under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into4 7,b7 ,reasonable competitive bidding opportunity ,for the purposes of subparagraph 7,a77iii71 a reasonable competitive bidding opportunity shall be considered to exist if-- 7i7 no written or oral agreement precludes the producer from soliciting or receiving bids from other packers2 and 7ii7 no circumstance1 custom1 or practice exists that-- 7,i7 establishes the existence of an implied contract 7as determined in accordance with the ,uniform ,commercial ,code72 and 7,,ii7 precludes the producer from soliciting or receiving bids from other packers4 7b7 ,general rule ,of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant1 the covered packer shall slaughter not less than the applicable percentage specified in subsection 7c7 of the quantity through spot market sales from nonaffiliated producers4 7c7 ,applicable percentages 7#a7 ,in general ,except as provided in paragraph 7#b71 the applicable percentage shall be #ej percent4 7#b7 ,exceptions ,in the case of a covered packer that reported to the ,secretary in the #bjah annual report that more than #fj percent of the livestock of the covered packer were committed procurement livestock1 the applicable percentage shall be the greater of-- 7,a7 the difference between the percentage of committed procurement so reported and #ajj percent2 and 7,b7 7i7 during each of calendar years #bjbj and #bjba1 #bj percent2 7ii7 during each of calendar years #bjbb and #bjbc1 #cj percent2 and 7iii7 during calendar year #bjbd and each calendar year thereafter1 #ej percent4 7d7 ,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 section4 4 #bjd4 ,investigation of live poultry dealers 7a7 ,administrative enforcement authority over live poultry dealers ,sections #bjc1 #bjd1 and #bje of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aic1 #aid1 #aie7 are amended by inserting 1 live poultry dealer1 after packer each place it appears4 7b7 ,authority ,to request temporary injunction or restraining order ,section #djh7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbh;a7a77 is amended by inserting or poultry care after on account of poultry4 7c7 ,violations by live poultry dealers ,section #daa of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbh;b-#b7 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by striking any provision of section #bjg or section #daj of2 and 7#b7 in subsection 7b71 in the first sentence1 by striking any provisions of section #bjg or section #daj and inserting any provision4 #bje4 ,award of attorney fees ,section #bjd of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aid7 is amended by adding at the end the following3 7i7 ,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 section4 4 #bjf4 ,technical amendments 7a7 ,section #bjc of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aic7 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking he shall cause and inserting the ,secretary shall cause2 and 7,b7 by striking his charges and inserting the charges2 7#b7 in subsection 7b71 in the first sentence1 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 ,secretary2 and 7#c7 in subsection 7c71 by striking he and inserting the ,secretary4 7b7 ,section #bjd of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aid7 is amended-- 7#a7 in subsection 7a71 by striking he has his and inserting the packer1 live poultry dealer1 or swine contractor has the2 7#b7 in subsection 7c71 by striking his officers1 directors1 agents1 and employees and inserting the officers1 directors1 agents1 and employees of the packer1 live poultry dealer1 or swine packer2 7#c7 in subsection 7f71 in the second sentence-- 7,a7 by striking his findings and inserting the findings of the ,secretary2 and 7,b7 by striking he and inserting the ,secretary2 and 7#d7 in subsection 7g71 by striking his officers1 directors1 agents1 and employees and inserting the officers1 directors1 agents1 and employees of the packer1 live poultry dealer1 or swine packer4 ,,iii ,labeling of ,meat and ,dairy ,products #cja4 ,restoration of mandatory country of origin labeling for beef and pork2 inclusion of dairy products 7a7 ,definitions ,section #bha of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch7 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b7 through 7#e71 7#f71 and 7#g7 as paragraphs 7#b71 7#d7 through 7#g71 7#i71 and 7#aj71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,beef ,the term beef means meat produced from cattle 7including veal74 2 7#c7 in paragraph 7#b7 7as so redesignated7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking lamb and inserting beef1 lamb1 pork12 7ii7 in clause 7ii71 by striking ground lamb and inserting ground beef1 ground lamb1 ground pork12 7iii7 in clause 7x71 by striking and at the end2 7iv7 in clause 7xi71 by striking the period at the end and inserting 2 and2 and 7v7 by adding at the end the following3 7xii7 dairy products4 2 and 7,b7 in subparagraph 7,b71 by inserting 7other than clause 7xii7 of that subparagraph7 after subparagraph 7,a72 7#d7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,dairy product ,the term dairy product means-- 7,a7 fluid milk2 7,b7 cheese1 including cottage cheese and cream cheese2 7,c7 yogurt2 7,d7 ice cream2 7,e7 butter2 and 7,f7 any other dairy product4 2 and 7#e7 by inserting after paragraph 7#g7 7as so redesignated7 the following3 7#h7 ,pork ,the term pork means meat produced from hogs4 4 7b7 ,notice of country of origin ,section #bhb7;a7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch;a7a77 is amended by adding at the end the following3 7#e7 ,designation of country of origin for dairy products 7,a7 ,in general ,a retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as-- 7i7 each country in which or from which the one or more dairy ingredients or dairy components of the covered commodity were produced1 originated1 or sourced2 and 7ii7 each country in which the covered commodity was processed4 7,b7 ,state1 region1 locality of the ,united ,states ,with respect to a covered commodity that is a dairy product produced exclusively in the ,united ,states1 designation by a retailer of the ,state1 region1 or locality of the ,united ,states where the covered commodity was produced shall be sufficient to identify the ,united ,states as the country of origin4 4 #cjb4 ,truth in labeling for meat and meat food products ,section #g of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fjg7 is amended by adding at the end the following3 7g7 ,product of the ,united ,states ,the label of a meat or meat food product may bear the phrase ,product of ,u4,s4,a41 or any substantially similar word or phrase1 only if the meat or meat food product is exclusively derived from one or more animals exclusively born1 raised1 and slaughtered in the ,united ,states4 4