USDA implements 2008 Farm Bill provisions affecting poultry producers
Provisions have been modified from June 22, 2010 proposed rule
The U.S. Department of Agriculture has published the Final Rule implementing the 2008 Farm Bill provisions aiming to better protect poultry growers and livestock producers under the Grain Inspection, Packers and Stockyards Administration, according to Agriculture Secretary Tom Vilsack.
The provisions being finalized were required by the 2008 Farm Bill and have been modified from the June 22, 2010 proposed rule. These sections include criteria the Secretary may consider when determining whether a live poultry dealer has provided reasonable notice to poultry growers of any suspension of the delivery of birds; when determining whether a requirement of additional capital investments over the life of a poultry growing arrangement or swine production contract constitutes a violation of the Packers and Stockyards Act; and when determining if a packer, swine contractor or live poultry dealer has provided a reasonable period of time for a grower to remedy a breach of contract that could lead to termination of a production contract.
The rule also includes a section requiring contracts that require the use of arbitration to include language on the signature page that allows the producer or grower to decline arbitration and provides criteria the Secretary may consider when determining if the arbitration process provided in a contract provides a meaningful opportunity for growers and producers to participate fully in the arbitration process.