What This Bill Does
This bill stops new large animal farms from starting or expanding. It requires large farms operating today to shut down by January 1, 2041. The bill also strengthens rules for meat packers and poultry dealers, and requires labels showing where beef, pork, and dairy products come from.
##
Who It Affects
• Owners of large concentrated animal feeding operations (large CAFOs)
• Meat packers and poultry dealers
• Contract growers who raise livestock or poultry under contracts
• Livestock and poultry producers
• Retailers selling beef, pork, and dairy products
• The U.S. Department of Agriculture (USDA)
• Consumers buying meat and dairy products
##
Key Provisions
• Large CAFOs cannot start or expand operations after the bill becomes law, and must stop operating as large CAFOs by January 1, 2041. Violations result in penalties up to $10,000 per violation per day. (Sec. 102)
• The government will offer grants to farm owners to pay off debts and help them switch to different farming activities, like raising grass-fed livestock or growing specialty crops. The government must set up this program within 180 days of the bill becoming law. (Sec. 103)
• Companies that control how livestock or poultry farms operate become legally responsible for animal waste disposal, pollution from those farms, and harm to nearby residents and the environment. These responsibilities cannot be passed to contract growers. (Sec. 104)
• Meat packers must buy at least 50 percent of their livestock from independent farmers on the open market within 7 days of slaughter, ensuring competitive bidding. (Sec. 202A)
• Beef, pork, and dairy products sold to consumers must show what country or U.S. state the product came from. Products labeled "Product of U.S.A." must come from animals born, raised, and killed only in the United States. (Sec. 301-302)
##
What Changes
**On animal farms:** No new large CAFOs can be built or expanded. Existing large CAFOs have until January 1, 2041 to shut down. Farm owners can apply for government grants to pay off debts and transition to other farming methods.
**On meat companies:** Packers and poultry dealers face new rules. They cannot own or control livestock farms in ways that make independent farmers unable to participate in managing their own operations. They must buy half their livestock from independent farmers through open market bidding. They become responsible for waste disposal and environmental pollution from farms they control.
**On contract disputes:** Poultry growers and hog farmers cannot have their contracts terminated just because someone claims they broke a law. Companies must share data used to calculate what they pay farmers. Farmers can sue meat companies and poultry dealers for violations and recover attorney fees.
**On store shelves:** Beef, pork, and dairy products must display country-of-origin labels. Products from multiple countries must list all of them.
##
Important Definitions
• **Large CAFO:** A farm holding at least 700 dairy cows, 1,000 cattle, 2,500 large pigs, 10,000 small pigs, 500 horses, 10,000 sheep, 55,000 turkeys, 30,000 chickens with liquid manure systems, 125,000 chickens with other systems, 82,000 laying hens, or 30,000 ducks.
• **Animal feeding operation (AFO):** A facility where animals are confined and fed for at least 45 days in any 12-month period, without crops or vegetation growing there.
• **Integrator:** A company that contracts with farm owners to raise livestock or poultry under the company's instructions, then sells the animals for slaughter.
• **Contract grower:** A farm owner who raises livestock or poultry under a written agreement with a larger company.
• **Manure:** Animal waste including feces, urine, bedding, litter, and compost mixed with waste.
• **Forward contract:** An agreement to buy livestock for delivery more than 7 days after the deal is made.
• **Spot market sale:** A same-day or next-day purchase of livestock at a set price with open competitive bidding.
• **Dairy product:** Fluid milk, cheese, yogurt, ice cream, butter, and other dairy items.
##
Effective Date
The bill becomes effective upon enactment, except for certain requirements for packers owning or controlling livestock farms. Those rules take effect either 180 days after enactment (for most livestock) or 18 months after enactment (for pig farmers), as determined by the Secretary of Agriculture. (Sec. 202)
II
118TH CONGRESS
1ST SESSION
S. 271
To place a moratorium on large concentrated animal feeding operations,
to strengthen the Packers and Stockyards Act, 1921, to require country
of origin labeling on beef, pork, and dairy products, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 2, 2023
Mr. BOOKER (for himself, Ms. WARREN, and Mr. SANDERS) introduced the
following bill; which was read twice and referred to the Committee on Ag-
riculture, Nutrition, and Forestry
A BILL
To place a moratorium on large concentrated animal feeding
operations, to strengthen the Packers and Stockyards
Act, 1921, to require country of origin labeling on beef,
pork, and dairy products, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Farm System Reform Act of 2023’’.
5
(b) TABLE OF CONTENTS.—The table of contents for
6
this Act is as follows:
7
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Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I—ANIMAL FEEDING OPERATIONS
Sec. 101. Definitions.
Sec. 102. Moratorium on large concentrated animal feeding operations.
Sec. 103. Voluntary debt forgiveness and transition assistance program for ani-
mal feeding operations.
Sec. 104. Integrator responsibilities and liabilities.
TITLE II—AMENDMENTS TO PACKERS AND STOCKYARDS ACT,
1921
Sec. 201. Definitions.
Sec. 202. Unlawful practices.
Sec. 203. Spot market purchases of livestock by packers.
Sec. 204. Investigation of live poultry dealers.
Sec. 205. Award of attorney fees.
Sec. 206. Technical amendments.
TITLE III—LABELING OF MEAT AND DAIRY PRODUCTS
Sec. 301. Restoration of mandatory country of origin labeling for beef and
pork; inclusion of dairy products.
Sec. 302. Truth in labeling for meat and meat food products.
SEC. 2. DEFINITION OF SECRETARY.
1
In this Act, the term ‘‘Secretary’’ means the Sec-
2
retary of Agriculture.
3
TITLE I—ANIMAL FEEDING
4
OPERATIONS
5
SEC. 101. DEFINITIONS.
6
In this title:
7
(1) AGRONOMIC REQUIREMENT.—
8
(A) IN GENERAL.—The term ‘‘agronomic
9
requirement’’ means the quantity of nutrient
10
necessary to achieve a reasonable yield goal for
11
a crop, as determined based on land grant uni-
12
versity fertility rates, soil testing for available
13
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•S 271 IS
nutrients, manure analysis, and other planned
1
nutrient applications.
2
(B) EXCLUSIONS.—Planned nutrient appli-
3
cations under subparagraph (A) do not include
4
nutrient indices, risk indices, or other methods
5
that allow land application of manure in excess
6
of crop need.
7
(2) ANIMAL FEEDING OPERATION; AFO.—
8
(A) IN GENERAL.—The term ‘‘animal feed-
9
ing operation’’ or ‘‘AFO’’ means a lot or facility
10
at which—
11
(i) for not less than a total of 45 days
12
in any 12-month period, animals (other
13
than aquatic animals) are—
14
(I) stabled or confined; and
15
(II) fed or maintained; and
16
(ii) crops, vegetation, forage growth,
17
or postharvest residues are not sustained
18
in the normal growing season over any por-
19
tion of the lot or facility.
20
(B) AGGREGATION.—Two or more lots or
21
facilities described in subparagraph (A) shall
22
constitute a single animal feeding operation if
23
the lots or facilities—
24
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•S 271 IS
(i) are located within 3 miles of each
1
other; and
2
(ii) are under common ownership or
3
control.
4
(C) EXCLUSION.—The term ‘‘animal feed-
5
ing operation’’ or ‘‘AFO’’ does not include a
6
stockyard (as that term is defined in section
7
302(a) of the Packers and Stockyards Act,
8
1921 (7 U.S.C. 202(a))).
9
(3) LARGE CONCENTRATED ANIMAL FEEDING
10
OPERATION; LARGE
CAFO.—The term ‘‘large con-
11
centrated animal feeding operation’’ or ‘‘large
12
CAFO’’ means an AFO at which are present not
13
less than—
14
(A) 700 mature dairy cows, milked or dry;
15
(B) 1,000 veal calves;
16
(C) 1,000 cattle (including heifers, steers,
17
bulls, cows, and calves) other than mature dairy
18
cows or veal calves;
19
(D) 2,500 swine, each weighing not less
20
than 55 pounds;
21
(E) 10,000 swine, each weighing not more
22
than 55 pounds;
23
(F) 500 horses;
24
(G) 10,000 sheep or lambs;
25
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•S 271 IS
(H) 55,000 turkeys;
1
(I) in the case of an AFO that uses a liq-
2
uid manure handling system—
3
(i) 30,000 laying hens or broilers; or
4
(ii) 5,000 ducks; or
5
(J) in the case of an AFO that uses a sys-
6
tem other than a liquid manure handling sys-
7
tem—
8
(i) 125,000 chickens (other than lay-
9
ing hens);
10
(ii) 82,000 laying hens; or
11
(iii) 30,000 ducks.
12
(4) CONTRACT GROWER.—The term ‘‘contract
13
grower’’ means an owner of an AFO that raises live-
14
stock or poultry pursuant to a written contract,
15
marketing arrangement, or other arrangement with
16
an integrator.
17
(5)
INTEGRATOR.—The
term
‘‘integrator’’
18
means an individual or entity that contracts with a
19
contract grower under a growout contract, mar-
20
keting arrangement, or other arrangement under
21
which the contract grower raises and cares for live-
22
stock or poultry at an AFO in accordance with the
23
instructions of the integrator for the purpose of
24
slaughtering the livestock or poultry or selling the
25
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•S 271 IS
livestock or poultry for slaughter, if the livestock or
1
poultry is sold or shipped in commerce (as described
2
in section 2(b) of the Packers and Stockyards Act,
3
1921 (7 U.S.C. 183)).
4
(6) MANURE.—The term ‘‘manure’’ means—
5
(A) the fecal and urinary excretions of live-
6
stock and poultry; and
7
(B) litter, bedding, compost and raw mate-
8
rials, process wastewater, and other materials
9
commingled with the excretions described in
10
subparagraph (A) or set aside for disposal after
11
such commingling.
12
SEC. 102. MORATORIUM ON LARGE CONCENTRATED ANI-
13
MAL FEEDING OPERATIONS.
14
(a) IN GENERAL.—No large CAFO may commence
15
or expand operations on or after the date of enactment
16
of this Act.
17
(b) CESSATION OF OPERATIONS.—No large CAFO
18
may continue to operate as a large CAFO after January
19
1, 2041.
20
(c) PENALTIES.—Any person that violates subsection
21
(a) or (b) may be assessed a civil penalty of up to $10,000
22
per violation, per day, in addition to any other applicable
23
statutory civil penalty or monetary damages assessed pur-
24
suant to any State common law judgment.
25
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•S 271 IS
SEC. 103. VOLUNTARY DEBT FORGIVENESS AND TRANSI-
1
TION ASSISTANCE PROGRAM FOR ANIMAL
2
FEEDING OPERATIONS.
3
(a) DEFINITION OF ELIGIBLE ENTITY.—
4
(1) IN GENERAL.—In this section, the term ‘‘el-
5
igible entity’’ means an owner of an AFO.
6
(2) EXCLUSION.—In this section, the term ‘‘eli-
7
gible entity’’ does not include an owner of an AFO
8
that is an integrator.
9
(b) ESTABLISHMENT.—Not later than 180 days after
10
the date of enactment of this Act, the Secretary shall carry
11
out a program to provide grants to eligible entities to per-
12
manently transition from operating an AFO to carrying
13
out other activities on the property on which the AFO is
14
located.
15
(c) PAYMENTS.—Under the program established
16
under subsection (b), the Secretary shall provide grants
17
to eligible entities—
18
(1) to partially or fully pay off any outstanding
19
debt of the eligible entity that was incurred to con-
20
struct and operate the AFO; and
21
(2) to cover costs relating to the transition of
22
the property on which the AFO is located to be used
23
for alternative agriculture activities, such as raising
24
pasture-based livestock, growing specialty crops, or
25
organic commodity production.
26
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•S 271 IS
(d) REQUIREMENT.—As a condition of receiving a
1
grant under this section, an eligible entity shall provide
2
to the Secretary a working lands easement on the property
3
on which the AFO is located that prohibits—
4
(1) the operation of the AFO and any associ-
5
ated waste management system on the easement
6
area; and
7
(2) the use of the easement area for a spray
8
field or land application of manure at rates exceed-
9
ing crop agronomic requirements for nitrogen and
10
phosphorus.
11
(e) FUNDING.—
12
(1) IN GENERAL.—On the first October 1 after
13
the date of enactment of this Act, and on each Octo-
14
ber 1 thereafter, out of any funds in the Treasury
15
not otherwise appropriated, the Secretary of the
16
Treasury shall transfer to the Secretary to carry out
17
this section $10,000,000,000, to remain available
18
until expended.
19
(2) RECEIPT
AND
ACCEPTANCE.—The Sec-
20
retary shall be entitled to receive, shall accept, and
21
shall use to carry out this section the funds trans-
22
ferred under paragraph (1), without further appro-
23
priation.
24
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•S 271 IS
SEC. 104. INTEGRATOR RESPONSIBILITIES AND LIABIL-
1
ITIES.
2
(a) RESPONSIBILITIES AND LIABILITIES.—
3
(1) IN GENERAL.—An integrator that exercises
4
substantial operational control of an AFO, as de-
5
scribed in subsection (b), shall be responsible and
6
liable for, with respect to the operation of the
7
AFO—
8
(A) the disposal of dead animals;
9
(B) the disposal of manure, excrement,
10
and other waste;
11
(C) the discharge or release of any air pol-
12
lutant, including greenhouse gases, from any
13
source located on or activity occurring at the
14
AFO, including enteric processes, manure, and
15
animal feed;
16
(D) the discharge of any pollutant to
17
groundwater or any surface water body, includ-
18
ing the production area, manure storage, ma-
19
nure land application area (crop field), tile
20
drain, and agricultural stormwater runoff of the
21
AFO;
22
(E) any harm suffered by the contract
23
grower of the AFO or a third party from any
24
activity described in subparagraphs (A) through
25
(D), or from any other on-property or off-prop-
26
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•S 271 IS
erty contamination, including following an ex-
1
treme weather event; and
2
(F) any adverse health impacts, property
3
value diminution, and loss of use and enjoyment
4
of property suffered by neighboring residents of
5
the AFO due to the operation of the AFO.
6
(2) DUTIES NOT TRANSFERABLE.—The respon-
7
sibilities and liabilities of an integrator under this
8
subsection shall be nondelegable and nontransferable
9
to any third party, including any contract grower.
10
(b) SUBSTANTIAL OPERATIONAL CONTROL.—An in-
11
tegrator exercises substantial operational control of an
12
AFO if the integrator—
13
(1) holds an ownership interest in the livestock
14
or poultry, land, or other capital of the AFO;
15
(2) through a growout contract, marketing ar-
16
rangement, or other arrangement, or through direct
17
supervision of, or on-site participation in, activities
18
at the AFO, controls—
19
(A) the activity of persons working at the
20
AFO;
21
(B) the operation, management, or waste
22
management practices of the AFO; or
23
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•S 271 IS
(C) the manner in which livestock or poul-
1
try at the AFO are grown, fed, watered, venti-
2
lated, heated, cooled, or medicated;
3
(3) supplies feed, pharmaceuticals, or other in-
4
puts to the AFO; or
5
(4) requires a capital investment from the con-
6
tract grower of the AFO for erecting or expanding
7
facilities at the AFO.
8
(c) CIVIL ACTIONS.—
9
(1) IN GENERAL.—Any person may—
10
(A) bring a civil action against an inte-
11
grator in an appropriate court to redress any
12
violation of this section or any other law relat-
13
ing to the activities described in this section;
14
and
15
(B) obtain appropriate relief in a civil ac-
16
tion under subparagraph (A).
17
(2) ATTORNEY’S
FEES
FOR
PLAINTIFF.—The
18
court shall award a reasonable attorney’s fee as part
19
of the costs to a prevailing plaintiff in a civil action
20
under this subsection.
21
(3) NO
PREEMPTION.—Nothing in this sub-
22
section preempts, alters, displaces, abridges, or sup-
23
plants any claim or remedy available under any
24
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•S 271 IS
State or Federal law, including common law, that
1
provides a remedy for civil relief.
2
(d) AFO DISCHARGES.—Section 402 of the Federal
3
Water Pollution Control Act (33 U.S.C. 1342) is amended
4
by adding at the end the following:
5
‘‘(t) AFO DISCHARGES.—The Administrator shall re-
6
quire that all persons exercising substantial operational
7
control (as described in section 104(b) of the Farm Sys-
8
tem Reform Act of 2023) over an animal feeding operation
9
(as defined in section 101 of that Act) jointly obtain a
10
permit under this section for a discharge from the animal
11
feeding operation.’’.
12
TITLE
II—AMENDMENTS
TO
13
PACKERS AND STOCKYARDS
14
ACT, 1921
15
SEC. 201. DEFINITIONS.
16
Section 2(a) of the Packers and Stockyards Act,
17
1921 (7 U.S.C. 182(a)), is amended—
18
(1) in paragraph (8), by striking ‘‘for slaugh-
19
ter’’ and all that follows through ‘‘of such poultry’’
20
and inserting ‘‘under a poultry growing arrange-
21
ment, regardless of whether the poultry is owned by
22
that person or another person’’;
23
(2) in paragraph (9), by striking ‘‘and cares for
24
live poultry for delivery, in accord with another’s in-
25
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[Text truncated for display. Full text available on Congress.gov.]