Page:United States Statutes at Large Volume 122.djvu/1381

 12 2 STA T . 1 358PUBLIC LA W 11 0– 23 4—M A Y 22, 2008 orext e nd ed af ter t h e date of the ena c t m ent of the F ood ,C on s er v a - t i on, and E ner gyA ct of 20 0 8.‘ ‘ ( e )UNLAWFU L PR A CTI C E . — Any action b yoronbeha l fofa p ac k er, s w ine contractor, or live po u ltry dealer that violates this section (including any action that has the intent or effect of limiting the ability of a producer or grower to freely make a choice described in subsection (b)) is an unlawful practice under this Act. ‘‘(f) R E G ULATI O N S .— T he S ecretary shall promulgate regulations to— ‘‘( 1 ) carry out this section and ‘‘(2) establish criteria that the Secretary will consider in determining whether the arbitration process provided in a con- tract provides a meaningful opportunity for the grower or pro- ducer to participate fully in the arbitration process. ’ ’. SEC.1 1 0 0 6 . R E GULATION S. As soon as practicable, but not later than 2 years after the date of the enactment of this Act, the Secretary of Agriculture shall promulgate regulations with respect to the Packers and Stock- yards Act, 1 9 21( 7 U.S.C. 181 et se q .) to establish criteria that the Secretary will consider in determining— (1) whether an undue or unreasonable preference or advan- tage 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 produc- tion 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 arrange- ment or swine production contract. SEC. 1100 7 . SENSE O F CONGRESS REGAR D ING P SEUDORA B IES ERADI - CATION PROGRA M . I t is the sense of Congress that— (1) the Secretary of Agriculture should recogni z e the threat feral swine pose to the domestic swine population and the entire livestock industry; (2) keeping the United States commercial swine herd free of pseudorabies is essential to maintaining and growing pork export markets; (3) the establishment and continued support of a swine surveillance system will assist the swine industry in the moni- toring, surveillance, and eradication of pseudorabies; and (4) pseudorabies eradication is a high priority that the Secretary should carry out under the authorities of the Animal H ealth Protection Act. SEC. 1100 8 . SENSE OF CONGRESS REGARDING T H E CATTLE FE V ER TIC K ERADICATION PROGRAM. It is the sense of Congress that— (1) the cattle fever tick and the southern cattle tick are vectors of the causal agent of babesiosis, a severe and often fatal disease of cattle; and Deadlin e .7USC2 2 8 n ot e.

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