Deputy Administrator, Fair Trade Practices Program

0581-AE03 202210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0581 Agricultural Marketing Service AMS 0500 Department of Agriculture USDA Transparency in Poultry Grower Contracting and Tournaments (AMS-FTPP-21-0044)

This action amends regulations issued under the Packers and Stockyards Act (P&S Act), revising the list of disclosures and information live poultry dealers must furnish to poultry growers and sellers with whom dealers make poultry growing arrangements. The rule establishes parameters for the use of poultry grower ranking systems by dealers to determine settlement payments for poultry growers. Amendments are intended to promote transparency in poultry production contracting and to give poultry growers relevant information with which to make business decisions.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 9 CFR 201 7 U.S.C. 181 to 229c Yes

Differences in size and imbalances of power between parties in contractual poultry growing arrangements can have detrimental effects on one of the contracting parties and may result in marketplace inefficiencies. An often-cited concern is the live poultry dealer’s full control over inputs, e.g., chick, feed, medication, etc., to the poultry growing process. Industry members have asked the Agricultural Marketing Service (AMS) to address such imbalances by specifying the conduct that would be considered violative of the Packers and Stockyards Act (Act).

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The Agricultural Marketing Service (AMS) is delegated authority by the Secretary of Agriculture to enforce the P&S Act. AMS has received numerous complaints regarding the imbalance of power in poultry growing agreements, wherein one side controls all of the inputs, then arbitrarily ranks grower performance against other growers to determine pay.

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AMS considered finalizing a 2016 proposed rule that would have identified criteria for determining whether a live poultry dealer’s use of a grower ranking system for payment purposes might be unlawful under the Packers and Stockyards Act.

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USDA estimates the first-year costs associated with this proposed rule to be $17.37 million. Subsequent year costs are expected to be significantly less than first-year costs, resulting in a ten-year total cost of $34.64 million. USDA expects the primary benefit of the regulation will be the increased ability to protect poultry growers from unfair practices associated with the use of poultry grower ranking systems. At the same time, the rule is expected to improve efficiencies through the use of new technologies and to reduce market failures among poultry growers.

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Extended litigation over legal challenges from the industry could result in the rule being struck down by the courts, hindering the agency’s ability to enforce the Act for years.

]]> NPRM 06/08/2022 87 FR 34980 NPRM Comment Period End 08/08/2022 Notice of Reopening of Comment Period 08/08/2022 87 FR 48091 NPRM Comment Period End 08/23/2022 Final Rule 05/00/2023 Yes Businesses None No Yes No Michael Durando V. Deputy Administrator, Fair Trade Practices Program 0581 Agricultural Marketing Service AMS 202 720-0219 1400 Independence Avenue SW, Washington DC 20250-0237