http://www.washingtonwatch.com/bills info@washingtonwatch.com http://www.pjdoland.com/chai/?v=0.1 http://www.washingtonwatch.com/bills/history/110_HR_2135.html?rev=7221 <p>H.R. 2135 would enhance fair and open competition in the production and sale of agricultural commodities.</p> <h2 id="toc0"> Detailed Summary </h2> <p>Competitive and Fair Agricultural Markets Act of 2007 - Amends the Agricultural Fair Practices Act of 1967 to define specified terms.</p> <p>Establishes within the Department of Agriculture the Office of Special Counsel for Competition Matters, which shall be headed by a Special Counsel for Competition Matters. States that the Office shall: (1) investigate and prosecute violations of this Act and the Packers and Stockyards Act, 1921; (2) serve as a liaison between the Department and the Department of Justice and the Federal Trade Commission (FTC) with respect to competition and trade practices in the food and agricultural sector; and (3) maintain a staff of attorneys and other appropriate professionals.</p> <p>Prohibits unfair or deceptive agricultural commerce acts or practices respecting: (1) crops; (2) producer associations; and (3) agricultural production and marketing contracts.</p> <p>Sets forth agricultural and production contract and enforcement provisions.</p> <p>Amends the Packers and Stockyards Act, 1921 to eliminate the &amp;quot;slaughter&amp;quot; requirement from the definitions of &amp;quot;poultry grower,&amp;quot; &amp;quot;poultry growing arrangement,&amp;quot; and &amp;quot;live poultry dealer.&amp;quot; States that the term &amp;quot;poultry grower&amp;quot; does not include an employee of such grower.</p> <p>Extends: (1) administrative enforcement authority to live poultry dealers; and (2) temporary injunction or restraining order authority to instances of poultry care. Increases the maximum civil penalty for violations by live poultry dealers.</p> <p>States that it shall be an unlawful practice to engage in an unfair or discriminatory practice or device or to control or manipulate prices regardless of whether the practice, device, or course of business causes a competitive injury or otherwise adversely effects competition, and regardless of any alleged business justification.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc1"> Status of the Legislation </h2> <p>Latest Major Action: 5/3/2007: Referred to House committee. Status: Referred to the House Committee on Agriculture.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc2"> Points in Favor </h2> <p>The success of cattle producers depends on open, fair and competitive livestock markets. That is why the United States Cattlemen's Association (USCA) is pleased to support the efforts of Rep. Leonard Boswell (D-Iowa) to increase competition in the agricultural marketplace and protect producers from anti-competitive practices by enhancing market transparency.</p> <p>This bill, The Competitive and Fair Agricultural Markets Act of 2007, and its companion on the Senate side (S. 622) will provide the cattle industry with several critical market reforms.</p> <p>The interpretation of current law has been completely muddled by court and administrative rulings. This bill clarifies the law and instructs the Secretary of Agriculture to define terms in the Packers and Stockyards Act. Clarification will enhance producer protections and allow for more balanced enforcement of current law.</p> <p>If passed H.R. 2135 will eliminate a defense based on arguments of competitive injury. A significant part of the defense in the Pickett v. Tyson case was the notion that an action is justified if a competitor is doing it, regardless of whether the action is right or wrong.</p> <p>The legislation will also improve rulemaking by requiring the Secretary of Agriculture to write regulations defining the term unreasonable preference under the Packers and Stockyards Act.</p> <p>Lastly, H.R. 2135 will create an Office of Special Counsel for Competition Matters within the U.S. Department of Agriculture (USDA). This office of Special Counsel will enhance enforcement of the Packers &amp; Stockyards Act by investigating anti-competitive practices and prosecuting violators. The creation of this Office will allow producer concerns about violations of the Packers &amp; Stockyards Act to be addressed by a single entity rather than having complaints lobbed back and forth between Grain Inspection, Packers and Stockyards Administration and the Department of Justice.</p> <p>All of these reforms are critical to preserving open and fair competition in cattle markets. The meat packers claim that they are complying with current law. If that is the case, then they have nothing to fear from an Office of Special Counsel charged with enforcing the law.</p> <p>USCA supports H.R. 2135 and its companion bill S. 622 in the Senate. These bills will bring reform back to the marketplace, and most importantly back to the producer. Clear interpretation and effective enforcement of existing competition laws will keep more efficient producers supporting more rural communities and promote a healthy, competitive future for the beef industry.</p> <h2 id="toc3"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 7221@http://www.washingtonwatch.com Thu, 02 Aug 2007 01:44:23 EDT http://www.washingtonwatch.com/bills/history/110_HR_2135.html?rev=973 <p>H.R. 2135 would enhance fair and open competition in the production and sale of agricultural commodities.</p> <h2 id="toc4"> Detailed Summary </h2> <p>Competitive and Fair Agricultural Markets Act of 2007 - Amends the Agricultural Fair Practices Act of 1967 to define specified terms.</p> <p>Establishes within the Department of Agriculture the Office of Special Counsel for Competition Matters, which shall be headed by a Special Counsel for Competition Matters. States that the Office shall: (1) investigate and prosecute violations of this Act and the Packers and Stockyards Act, 1921; (2) serve as a liaison between the Department and the Department of Justice and the Federal Trade Commission (FTC) with respect to competition and trade practices in the food and agricultural sector; and (3) maintain a staff of attorneys and other appropriate professionals.</p> <p>Prohibits unfair or deceptive agricultural commerce acts or practices respecting: (1) crops; (2) producer associations; and (3) agricultural production and marketing contracts.</p> <p>Sets forth agricultural and production contract and enforcement provisions.</p> <p>Amends the Packers and Stockyards Act, 1921 to eliminate the &quot;slaughter&quot; requirement from the definitions of &quot;poultry grower,&quot; &quot;poultry growing arrangement,&quot; and &quot;live poultry dealer.&quot; States that the term &quot;poultry grower&quot; does not include an employee of such grower.</p> <p>Extends: (1) administrative enforcement authority to live poultry dealers; and (2) temporary injunction or restraining order authority to instances of poultry care. Increases the maximum civil penalty for violations by live poultry dealers.</p> <p>States that it shall be an unlawful practice to engage in an unfair or discriminatory practice or device or to control or manipulate prices regardless of whether the practice, device, or course of business causes a competitive injury or otherwise adversely effects competition, and regardless of any alleged business justification.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc5"> Status of the Legislation </h2> <p>Latest Major Action: 5/3/2007: Referred to House committee. Status: Referred to the House Committee on Agriculture.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc6"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc7"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 973@http://www.washingtonwatch.com Thu, 14 Jun 2007 17:27:59 EDT http://www.washingtonwatch.com/bills/history/110_HR_2135.html?rev=974 <p>H.R. 2135 would enhance fair and open competition in the production and sale of agricultural commodities.</p> <h2 id="toc8"> Detailed Summary </h2> <p>Competitive and Fair Agricultural Markets Act of 2007 - Amends the Agricultural Fair Practices Act of 1967 to define specified terms.</p> <p>Establishes within the Department of Agriculture the Office of Special Counsel for Competition Matters, which shall be headed by a Special Counsel for Competition Matters. States that the Office shall: (1) investigate and prosecute violations of this Act and the Packers and Stockyards Act, 1921; (2) serve as a liaison between the Department and the Department of Justice and the Federal Trade Commission (FTC) with respect to competition and trade practices in the food and agricultural sector; and (3) maintain a staff of attorneys and other appropriate professionals.</p> <p>Prohibits unfair or deceptive agricultural commerce acts or practices respecting: (1) crops; (2) producer associations; and (3) agricultural production and marketing contracts.</p> <p>Sets forth agricultural and production contract and enforcement provisions.</p> <p>Amends the Packers and Stockyards Act, 1921 to eliminate the &quot;slaughter&quot; requirement from the definitions of &quot;poultry grower,&quot; &quot;poultry growing arrangement,&quot; and &quot;live poultry dealer.&quot; States that the term &quot;poultry grower&quot; does not include an employee of such grower.</p> <p>Extends: (1) administrative enforcement authority to live poultry dealers; and (2) temporary injunction or restraining order authority to instances of poultry care. Increases the maximum civil penalty for violations by live poultry dealers.</p> <p>States that it shall be an unlawful practice to engage in an unfair or discriminatory practice or device or to control or manipulate prices regardless of whether the practice, device, or course of business causes a competitive injury or otherwise adversely effects competition, and regardless of any alleged business justification.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc9"> Status of the Legislation </h2> <p>Latest Major Action: 5/3/2007: Referred to House committee. Status: Referred to the House Committee on Agriculture.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc10"> Points in Favor </h2> <p>The success of cattle producers depends on open, fair and competitive livestock markets. That is why the United States Cattlemen's Association (USCA) is pleased to support the efforts of Rep. Leonard Boswell (D-Iowa) to increase competition in the agricultural marketplace and protect producers from anti-competitive practices by enhancing market transparency.</p> <p>This bill, The Competitive and Fair Agricultural Markets Act of 2007, and its companion on the Senate side (S. 622) will provide the cattle industry with several critical market reforms.</p> <p>The interpretation of current law has been completely muddled by court and administrative rulings. This bill clarifies the law and instructs the Secretary of Agriculture to define terms in the Packers and Stockyards Act. Clarification will enhance producer protections and allow for more balanced enforcement of current law.</p> <p>If passed H.R. 2135 will eliminate a defense based on arguments of competitive injury. A significant part of the defense in the Pickett v. Tyson case was the notion that an action is justified if a competitor is doing it, regardless of whether the action is right or wrong.</p> <p>The legislation will also improve rulemaking by requiring the Secretary of Agriculture to write regulations defining the term unreasonable preference under the Packers and Stockyards Act.</p> <p>Lastly, H.R. 2135 will create an Office of Special Counsel for Competition Matters within the U.S. Department of Agriculture (USDA). This office of Special Counsel will enhance enforcement of the Packers &amp; Stockyards Act by investigating anti-competitive practices and prosecuting violators. The creation of this Office will allow producer concerns about violations of the Packers &amp; Stockyards Act to be addressed by a single entity rather than having complaints lobbed back and forth between Grain Inspection, Packers and Stockyards Administration and the Department of Justice.</p> <p>All of these reforms are critical to preserving open and fair competition in cattle markets. The meat packers claim that they are complying with current law. If that is the case, then they have nothing to fear from an Office of Special Counsel charged with enforcing the law.</p> <p>USCA supports H.R. 2135 and its companion bill S. 622 in the Senate. These bills will bring reform back to the marketplace, and most importantly back to the producer. Clear interpretation and effective enforcement of existing competition laws will keep more efficient producers supporting more rural communities and promote a healthy, competitive future for the beef industry.</p> <h2 id="toc11"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 974@http://www.washingtonwatch.com Thu, 14 Jun 2007 17:27:59 EDT