Daily Rules, Proposed Rules, and Notices of the Federal Government
2. October 16, 2008, 6 p.m. to 8 p.m., Ames, Iowa.
3. October 22, 2008, 6 p.m. to 8 p.m., Gainesville, Georgia.
2. Iowa--Iowa State University Scheman Building, Room 275, 1810 Lincoln Way, Ames, IA 50010.
3. Georgia--Hall County FSA Building, 734 East Crescent Dr., Gainesville, GA 30501.
The Grain Inspection, Packers and Stockyards Administration (GIPSA) enforces the Packers and Stockyards Act of 1921 (P&S Act). Under authority granted the Secretary of Agriculture and delegated to us, we are authorized (7 U.S.C. 228) to make those regulations necessary to carry out the provisions of the P&S Act.
The Food, Conservation and Energy Act of 2008 (Farm Bill) tasked GIPSA with the responsibility of promulgating regulations with respect to the Packers and Stockyards Act, 1921 (P&S Act) (7 U.S.C. 181
1. Whether an undue or unreasonable preference or advantage has occurred in violation of such Act;
2. Whether a live poultry dealer has provided reasonable notice to poultry growers of any suspension of the delivery of birds under a poultry growing arrangement;
3. When a requirement of additional capital investments over the life of a poultry growing arrangement or swine production contract constitutes a violation of such Act; and,
4. If a live poultry dealer or swine contractor has provided a reasonable period of time for a poultry grower or a swine production contract grower to remedy a breach of contract that could lead to termination of the poultry growing arrangement or swine production contract.
The Farm Bill also requires that regulations be promulgated to implement new Section 210 of the P&S Act regarding the use of arbitration in production contract disputes. This specifically involves:
1. The right to decline arbitration when entering into a contract;
2. Disclosure of the right to decline arbitration; and
3. Choice of arbitration once a dispute arises if both parties agree in writing.
We must also establish the criteria that the Secretary will consider in determining whether the arbitration process provided in a production contract provides a meaningful opportunity for the grower or producer to participate fully in the arbitration process.