Public comment submitted September 11, 2024 to the USDA Agricultural Marketing Service in response to the Fair and Competitive Livestock and Poultry Markets’ proposed rule (Docket No. AMS-FTPP-21-0046-0001) under the Packers and Stockyards Act.

Click here to view our full comments.

“Since NFFC’s founding in 1986, we have been advocating for strong anti-trust and fair competition laws, and more effective implementation rules, to defend the rights and interests of farmers and consumers. For decades we have defended the Packers and Stockyard Act, and we believe this proposed rule is an important step towards realizing Congress’ original intent of the law. For too long the Packers and Stockyards Act has been undermined by industry manipulation and misguided federal court opinions that have contorted the plain text of the law into a limited and ineffective protection by requiring ranchers, contract growers, and other producers to prove an integrator’s abusive conduct also results in or is likely to result in a competitive harm in addition to harming the individual producer. NFFC and our allies in CCAR have long argued, in alignment with longstanding interpretation by USDA, that there is nothing in the statue that requires livestock and NFFC’s mission is to mobilize family farmers, ranchers, and fishermen to achieve fair prices, vibrant communities, and healthy foods free of corporate domination. poultry producers protected under the Packers and Stockyards Act to prove harm to competition broadly or likelihood of such harm to prove that the harms they have suffered individually are in violation of Sections 202(a) or 202(b) of the Packers and Stockyards Act. Thus we applaud USDA’s efforts to codify this correct interpretation through this proposed rule, and provide farmers with the protections against unfair treatment that the Packers and Stockyards Act is meant to guarantee.

Robust and meaningful rules, such as Fair and Competitive Livestock and Poultry Markets proposed rule, are long overdue. And, if properly enforced, will serve as an important and necessary complement to the USDA’s ongoing investment in new and expanded meat and poultry processing infrastructure. If the USDA does not also prioritize robust enforcement of antitrust laws to level the playing field in these markets, these investments will not create processing capacity that is economically viable in the long term.”