7 U.S.C. § 229b

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 229b - Right to discuss terms of contract

(a) Definitions

In this section:

(1) Producer

The term "producer" means any person engaged in the raising and caring for livestock or poultry for slaughter.

(2) Processor

The term "processor" means any person engaged in the business of obtaining livestock or poultry for the purpose of slaughtering the livestock or poultry.

(b) No prohibition of discussion

Notwithstanding a provision in any contract between a producer and a processor for the production of livestock or poultry, or in any marketing agreement between a producer and a processor for the sale of livestock or poultry for a term of 1 year or more, that provides that information contained in the contract is confidential, a party to the contract shall not be prohibited from discussing any terms or details of the contract with-

(1) a Federal or State agency;

(2) a legal adviser to the party;

(3) a lender to the party;

(4) an accountant hired by the party;

(5) an executive or manager of the party;

(6) a landlord of the party; or

(7) a member of the immediate family of the party.

(c) Effect on State laws

Subsection (b) does not-

(1) preempt any State law that addresses confidentiality provisions in contracts for the sale or production of livestock or poultry, except any provision of State law that makes lawful a contract provision that prohibits a party from, or limits a party in, engaging in discussion that subsection (b) requires to be permitted; or

(2) deprive any State court of jurisdiction under any such State law.

(d) Applicability

This section applies to each contract described in subsection (b) that is entered into, amended, renewed, or extended after May 13, 2002.

7 U.S.C. § 229b

Pub. L. 107-171, title X, §105030503,, 116 Stat. 510.

EDITORIAL NOTES

CODIFICATIONSection was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Packers and Stockyards Act, 1921, which comprises this chapter.

livestock

The term "livestock" means cattle, sheep, swine, horses, mules, or goats-whether live or dead;

person

The term "person" includes individuals, partnerships, corporations, and associations;

poultry

The term "poultry" means chickens, turkeys, ducks, geese, and other domestic fowl;