Page:United States Statutes at Large Volume 122.djvu/1380

 12 2 STA T . 1 357PUBLIC LA W 11 0– 23 4—M A Y 22, 200 8‘ ‘ (A)therig ht of the p o ul tr y gro w er or s wi n e pro d u c tion contr a ct grower to cancel the poultry growing arrange m ent or swine production contract ‘‘( B ) the method b y which the poultry grower or swine production contract grower may cancel the poultry growing arrangement or swine production contract; and ‘‘( C ) the deadline for canceling the poultry growing arrangement or swine production contract . ‘‘(b) REQUIR E DD I SCLO SURE O F ADDI T IO NA LCA P ITAL I N V EST -M ENTS IN P RODUCTION CONTRACTS. — ‘‘( 1 )IN G ENERAL.—A poultry growing arrangement or swine production contract shall contain on the first page a statement identified as ‘Additional Capital In v estments Disclosure S tate- ment ’, which shall conspicuously state that additional large capital investments may be re q uired of the poultry grower or swine production contract grower during the term of the poultry growing arrangement or swine production contract. ‘‘( 2 ) APPLICATION.—Paragraph (1) shall apply to any poultry growing arrangement or swine production contract entered into, amended, altered, modified, renewed, or e x tended after the date of the enactment of this section. ‘ ‘ SEC.209 .C HOI CEO FLAW A NDV EN U E. ‘‘(a) L OCATION OF F ORUM.— T he forum for resolving any dispute among the parties to a poultry growing arrangement or swine production or mar k eting contract that arises out of the arrangement or contract shall be located in the Federal j udicial district in which the principle part of the performance takes place under the arrange- ment or contract. ‘‘(b) C H OICE OF LA W .—A poultry growing arrangement or swine production or marketing contract may specify which State’s law is to apply to issues governed by State law in any dispute arising out of the arrangement or contract, except to the extent that doing so is prohibited by the law of the State in which the principal part of the performance takes place under the arrangement or contract. ‘‘SEC. 2 1 0.A RB I T RATION. ‘‘(a) IN G ENERAL.—Any livestock or poultry contract that con- tains a provision requiring the use of arbitration to resolve any controversy that may arise under the contract shall contain a provi- sion that allows a producer or grower, prior to entering the contract to decline to be bound by the arbitration provision. ‘‘(b) DISCLOSURE.—Any livestock or poultry contract that con- tains a provision requiring the use of arbitration shall contain terms that conspicuously disclose the right of the contract producer or grower, prior to entering the contract, to decline the requirement to use arbitration to resolve any controversy that may arise under the livestock or poultry contract. ‘‘(c) DISPUTE RESOLUTION.—Any contract producer or grower that declines a requirement of arbitration pursuant to subsection (b) has the right, to nonetheless seek to resolve any controversy that may arise under the livestock or poultry contract, if, after the controversy arises, both parties consent in writing to use arbitration to settle the controversy. ‘‘(d) APPLICATION.—Subsections (a) (b) and (c) shall apply to any contract entered into, amended, altered, modified, renewed, 7USC19 7 c. 7 USC 197 b .

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