[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4007 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4007
To restore competition in the meatpacking industry by reducing
excessive concentration and market power and ultimately reduce prices
for American consumers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2026
Mr. Schumer (for himself, Mr. Booker, Mr. Welch, Ms. Warren, Mr.
Sanders, Mr. Gallego, Mr. Merkley, Mr. Schatz, Mr. Durbin, Mr. Markey,
Mr. Kim, Mr. Murphy, and Mr. Whitehouse) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To restore competition in the meatpacking industry by reducing
excessive concentration and market power and ultimately reduce prices
for American consumers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Grocery and Farmer Relief
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The meatpacking industry in the United States is highly
concentrated, with a small number of firms controlling a
dominant share of beef, chicken, and pork slaughtering and
processing.
(2) 4 firms control 85 percent of the beef market and 67
percent of the pork market, which is up from 36 percent and 34
percent, respectively, in 1980.
(3) 4 firms control more than 60 percent of the market in
chicken processing.
(4) The scale and market dominance of large meatpacking
firms create substantial barriers to entry and expansion for
independent and regional processors, limiting competitive
alternatives for producers and consumers.
(5) This highly consolidated meatpacking market has real
consequences for farmers, workers, and consumers.
(6) Meatpackers have repeatedly used their market power in
ways that suppress wages, destroy jobs through strategic plant
shutdowns, and subject workers to extremely dangerous
conditions while prices are to their advantage.
(7) Extreme concentration in meatpacking has resulted in
diminished bargaining power for independent producers,
increased vulnerability to unfair and discriminatory practices,
and reduced economic viability for rural communities.
(8) Consumers are paying more for meat, with the Department
of Agriculture reporting that ground beef prices have increased
about 16.4 percent since last year. Meanwhile, increased
revenue is not flowing to farmers and ranchers as--
(A) in 1970, 70 percent of the consumer's beef
dollar went to cattle ranchers, but today, ranchers'
share of the consumer's beef dollar is closer to 30
percent; and
(B) profits remain with the big 4 covered
meatpacking enterprises.
(9) The public interest requires competitive, transparent,
and resilient markets for essential food products.
(b) Purposes.--The purposes of this Act are to--
(1) restore competition in the meatpacking industry by
reducing excessive concentration and market power;
(2) prohibit and reverse mergers and acquisitions in the
meatpacking sector that have materially lessened competition;
(3) authorize and require structural separation,
divestiture, or breakup of dominant meatpacking firms, where
necessary, to restore competitive market conditions;
(4) ensure that no firm retains or expands market power in
United States food and agricultural markets through capital
obtained by corruption, bribery, or other unlawful conduct;
(5) deny competitive advantage derived from foreign state-
backed or non-market financing that undermines fair competition
in United States markets;
(6) protect independent cattle producers from abusive,
coercive, or discriminatory practices arising from excessive
buyer concentration;
(7) ensure that any restructuring of the industry results
in safer, fairer, and more sustainable jobs for workers across
the supply chain;
(8) promote the growth and viability of independent and
regional meat processors; and
(9) help bring prices down for families in the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Beef meatpacking market.--The term ``beef meatpacking
market'' means the market for cattle slaughter and beef
processing in the United States, including the national beef
market and regional beef markets.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered feedlot.--The term ``covered feedlot'' means a
feedlot with a capacity of 24,000 head of cattle or more.
(4) Covered foreign-controlled meatpacking enterprise.--The
term ``covered foreign-controlled covered meatpacking
enterprise'' means--
(A) JBS S.A. and its affiliates; and
(B) any other entity, as determined by rule by the
Commission.
(5) Covered meatpacking enterprise.--
(A) In general.--Subject to subparagraph (B), the
term ``covered meatpacking enterprise'' has the meaning
given the term ``packer'' in section 201 of the Packers
and Stockyards Act, 1921 (7 U.S.C. 191).
(B) Rulemaking.--Not later than 90 days after the
date of enactment of this Act, the Commission shall, by
rule, define for purposes of this Act--
(i) a de minimus threshold of volume or
revenue below which a person shall be excluded
from the definition of a covered meatpacking
enterprise under subparagraph (A); and
(ii) the requirements that place a person
under common control or in affiliation with a
covered meatpacking enterprise such that the
entity shall be included in the definition of a
covered meatpacking enterprise under
subparagraph (A).
(6) CR4.--The term ``CR4'' means the sum of the market
shares of the 4 largest firms in the relevant market.
(7) Farmers' cooperative.--The term ``farmers'
cooperative'' means an organization exempt from taxation under
section 521 of the Internal Revenue Code of 1986.
(8) Feedlot.--The term ``feedlot''--
(A) means any facility that is used in its entirety
or in part for the purpose of feeding livestock to be
slaughtered, or to be sold for slaughter, by another;
and
(B) does not include feeding incidental to the sale
or transportation of livestock.
(9) HHI.--The term ``HHI'' means the Herfindahl-Hirschman
Index, calculated as the sum of the squares of the market
shares of all firms in the relevant market.
(10) Line of protein.--The term ``line of protein'' means
livestock, livestock products (as defined in section 2 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 182)), poultry,
poultry products (as defined in section 4 of the Poultry
Products Inspection Act (21 U.S.C. 453)), meats, or meat food
products (as defined in section 1 of the Federal Meat
Inspection Act (21 U.S.C. 601)) in each of the following
product categories:
(A) Beef (including cattle slaughter, beef
processing, and beef products).
(B) Pork (including hog slaughter, pork processing,
and pork products).
(C) Poultry (including chicken slaughter,
processing, and chicken products).
(D) Any additional category, as the Commission may,
by rule, designate to prevent evasion of this Act.
(11) Market share.--The term ``market share'' means the
share of total slaughter or processing capacity, volume, or
sales in the relevant market, as determined by rule by the
Commission.
(12) National beef market.--The term ``national beef
market'' means the market of the United States as a whole, or
such broader integrated geographic market as the Commission
determines appropriate, for the slaughter of cattle and
processing of beef products.
(13) Regional beef market.--The term ``regional beef
market'' means a geographic market defined by reference to the
regional direct slaughter cattle reporting regions of the
Department of Agriculture, or any successor system of regional
delineation the Commission determines better reflects
competitive conditions.
TITLE I--BREAKING UP THE MEATPACKING INDUSTRY
SEC. 101. LIMITATION ON OPERATION IN MULTIPLE LINES OF PROTEIN.
(a) Prohibition.--
(1) In general.--It shall be unlawful for a covered
meatpacking enterprise to own, control, or operate any entity
or combination of entities that engaged in more than 1 line of
protein in the United States, in or affecting interstate or
foreign commerce.
(2) Prohibition on new acquisitions.--On and after the date
of enactment of this Act, no covered meatpacking enterprise may
acquire, directly or indirectly, control of assets or
operations in a line of protein other than the line of protein
in which the covered meatpacking enterprise already engages, in
violation of paragraph (1).
(b) Divestiture Required.--The Commission shall require divestiture
pursuant to section 102 of any covered meatpacking enterprise that
violates subsection (a).
SEC. 102. DIVESTITURE AUTHORITY.
(a) Commission Authority.--
(1) In general.--With respect to any violation of section
101, the Commission shall develop and oversee a divestiture
plan for the covered meatpacking enterprise that provides for--
(A) the sale of assets to 1 or more independent
entities; or
(B) the creation of 1 or more new, independent
entities through spin-off or other structural
separation.
(2) Standards.--In exercising its authority under paragraph
(1), the Commission shall--
(A) act in a manner consistent with the public
interest in promoting competition, protecting
consumers, producers, and workers, and ensuring a
resilient food supply, as described in section 602; and
(B) to the maximum extent practicable, structure
divestitures under this section so as to--
(i) avoid reconcentration of assets;
(ii) encourage ownership and control of
divested assets by farmers' cooperatives,
worker owned enterprises, and other small or
mid sized businesses; and
(iii) prevent reacquisition of divested
assets by firms whose market power contributed
to the need for divestiture.
(b) Transition; Compliance Plans.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Commission shall develop a plan for
the divestiture of each covered meatpacking enterprise that, as
of the date of enactment of this Act, is engaged in the
processing of more than 1 line of protein in violation of
section 101.
(2) Comment.--Not later than 30 days after the development
of a plan under this section, a covered meatpacking enterprise
shall submit to the Commission any comments on the plan.
(3) Approval of plan.--Following the end of the comment
period under paragraph (2), the Commission shall consider and
respond to significant comments received under that paragraph
and approve a final version of the plan.
TITLE II--SPECIFIC RULES FOR CONSOLIDATION IN BEEF MEATPACKING MARKET
SEC. 201. PROHIBITION ON UNLAWFUL HORIZONTAL CONSOLIDATION.
The Commission shall require divestiture pursuant to section 202,
as applicable, if in a regional beef market or in a national beef
market--
(1) the HHI exceeds 1800;
(2) the CR4 exceeds 50 percent; or
(3) any covered meatpacking enterprise has a market share
of 30 percent or more.
SEC. 202. REGIONAL AND NATIONAL BEEF MARKET DIVESTITURE AUTHORITY AND
PROCESS.
(a) In General.--Divestiture under this section may consist of--
(1) sale of 1 or more entities, facilities, or business
units to 1 or more independent entities; or
(2) the creation of 1 or more new, independent entities,
including through spin-offs or other structural separation.
(b) Divestiture in Regional Beef Markets.--
(1) In general.--
(A) Violation under hhi or cr4 measures.--With
respect to a condition described in paragraph (1) or
(2) of section 201, the Commission shall order
divestiture in the regional market as follows:
(i) The largest covered meatpacking
enterprise in the regional beef market that
owns multiple beef slaughter or processing
entities in that region shall divest its
largest entity, facility, or business unit in
that region.
(ii) After the divestiture required under
clause (i), the Commission shall reassess the
concentration in the regional beef market under
section 201(a).
(iii) If 1 or more thresholds described in
section 201 is met after the reassessment under
clause (ii), the Commission shall repeat the
process described in clauses (i) and (ii) as
necessary, including by ordering further
divestitures, until no threshold described in
section 201 is met or until the Commission
determines that further divestiture would not
reduce market concentration.
(B) Violation under single firm market share
measure.--With respect to a condition described in
section 201(3), the Commission shall order divestiture
in the regional market of the covered meatpacking
enterprise meeting that condition.
(2) Use of equitable powers to deconcentrate the market.--
If the Commission is unable to order further divestitures under
subparagraph (A)(iii) of paragraph (1) and 1 or more thresholds
described in section 201 is still met, such as if the largest
covered meatpacking enterprise has only 1 entity, facility, or
business unit in the market which cannot be divided, the
Commission shall use all equitable powers to otherwise
deconcentrate the market until the Commission determines that
none of the thresholds described in section 201 are met.
(c) Divestiture in National Beef Market.--In the national beef
market, the Commission shall apply a substantially similar process to
the process described in subsection (b), as appropriate, to require
divestiture by covered meatpacking enterprises (including by ordering
divestiture of specified entities, facilities, or business units, or
other assets) and use all equitable powers to deconcentrate the market
until the Commission determines that none of the thresholds described
in section 201 are met.
SEC. 203. VERTICAL CONSOLIDATION.
(a) Findings.--Congress finds that the long-term supply contracts
and similar arrangements between large packers and large feedlots can
be functionally equivalent to ownership, leading over time to
consolidation of feedlots, reduced demand for cattle from independent
producers, and diminished competition.
(b) Prohibition.--No covered meatpacking enterprise in the beef
line of protein may slaughter, in any calendar year, more than 10
percent of the cattle produced by any single covered feedlot.
(c) Private Right of Action.--
(1) In general.--If a covered meatpacking enterprise
violates subsection (b), any feedlot owner or operator that
sold some percentage less than 10 percent of its cattle to that
covered meatpacking enterprise during the calendar year of the
violation may bring a civil action against the covered
meatpacking enterprise in the Federal judicial district in
which the feedlot is located or in an appropriate United States
district court to recover--
(A) an amount equal to 3 times the difference
between the highest price the covered meatpacking
enterprise paid for cattle from any covered feedlot and
the lowest price the feedlot owner or operator received
for cattle during the calendar year of the violation
multiplied by the total number of cattle the feedlot
owner or operator sold overall during that calendar
year; and
(B) reasonable costs and attorney's fees.
(2) Civil penalty to address private injuries.--The
Commission may impose on any covered meatpacking enterprise
violating subsection (b) a civil penalty equal to the amount
described in paragraph (1)(A) with respect to each feedlot
owner or operator that sold less than 10 percent of its cattle
to the covered meatpacking enterprise and shall use the amount
recovered to compensate such feedlots.
TITLE III--PROHIBITING FOREIGN LEVERAGE OVER THE DOMESTIC BEEF AND PORK
MARKETS
SEC. 301. FINDINGS.
Congress finds the following:
(1) A significant portion of domestic beef, pork, and
chicken processing capacity is owned or controlled by foreign-
based multinational corporations, raising concerns relating to
food system resilience, transparency, and national security.
(2) JBS S.A., a foreign-based multinational corporation, is
the largest beef processor operating in the United States and
has obtained substantial domestic meatpacking assets through a
sustained acquisition strategy.
(3) In 2020, J&F Investimentos S.A. (the parent company of
JBS S.A.) agreed to pay more than $280,000,000 to settle
Department of Justice and Securities and Exchange Commission
charges relating to bribery and other corrupt practices
involving foreign government officials to obtain preferential
financing and other financial advantages from state-backed
institutions. Capital obtained through such corrupt practices
was used, in whole or in part, to finance acquisitions of
meatpacking and food processing assets in the United States.
(4) The use of corruption-derived or preferential state-
backed financing to acquire United States agricultural assets
distorted competitive conditions and disadvantaged firms that
relied on lawful, market-based financing.
(5) The People's Republic of China has an increasing
footprint in the food supply chain in the United States, with
Smithfield Foods, owned by the WH Group of the People's
Republic of China, holding a major position in United States
pork processing and announcing in January 2026 its acquisition
of Nathan's Famous, an iconic brand of the United States.
(6) When major processing capacity and widely recognized
brands in the United States move under the control of a foreign
parent company, the public deserves to know how that affects
competition, pricing power, and national security.
SEC. 302. DIVESTITURE PLANS FOR COVERED FOREIGN-CONTROLLED MEATPACKING
ENTERPRISES.
(a) In General.--It shall be unlawful for any covered foreign-
controlled meatpacking enterprise to operate in interstate commerce in
the United States.
(b) Divestiture Required.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Commission shall require each
covered foreign-controlled meatpacking enterprise violating
subsection (a) to carry out a divestiture plan under paragraph
(2).
(2) Structure.--A divestiture plan of a covered foreign-
controlled meatpacking enterprise under this paragraph shall--
(A) be developed by the Commission; and
(B) require the covered foreign-controlled
meatpacking enterprise to divest its United States
meatpacking and food processing operations, which may
require that such operations be--
(i) transferred to 1 or more new,
independent entities headquartered,
incorporated, and controlled by persons
domiciled in the United States; or
(ii) sold to 1 or more entities, subject to
conditions necessary to preserve and enhance
competition and safeguard national security
interests, including, as appropriate, in
consultation with relevant national security
agencies.
(3) Standards.--In exercising its authority under paragraph
(1), the Commission shall--
(A) act in a manner consistent with the public
interest in promoting competition, protecting
consumers, producers, and workers, and ensuring a
resilient food supply, as described in section 602; and
(B) to the maximum extent practicable, structure
divestitures under this section so as to--
(i) avoid reconcentration of assets;
(ii) encourage ownership and control of
divested assets by farmers' cooperatives,
worker owned enterprises, and other small or
mid sized businesses; and
(iii) prevent reacquisition of divested
assets by firms whose market power contributed
to the need for divestiture.
(4) Consideration of corruption and unlawful conduct.--In
designing the divestiture plan under this paragraph, the
Commission may take into account prior admissions and findings
relating to corruption, bribery, and other unlawful conduct
used to obtain financing for United States acquisitions,
including settlements and judgments under the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd-1 et seq.).
(5) Extension.--With respect to a covered foreign-
controlled meatpacker, the Commission may grant a single
extension of not more than 90 days of the date on which the
prohibition under subsection (a) would otherwise apply to the
covered foreign-controlled meatpacking enterprise if the
Commission certifies to Congress that--
(A) a path to executing a divestiture under this
subsection has been identified with respect to such
covered foreign-controlled meatpacking enterprise;
(B) evidence of significant progress toward
executing such divestiture has been produced with
respect to such covered foreign-controlled meatpacking
enterprise; and
(C) there are in place the relevant binding legal
agreements to enable execution of such divestiture
during the period of such extension.
SEC. 303. REVIEW OF OTHER FOREIGN-CONTROLLED MEATPACKING ENTERPRISES.
(a) Study and Report.--Not later than 180 days after the date of
enactment of this Act, the Commission shall complete a study of the
business practices, financing, ownership structures, and competitive
effects of all foreign-controlled entities with significant meatpacking
and related operations in the United States, including those of
entities engaged in beef or pork production and processing.
(b) Consultation.--In conducting the study under subsection (a),
the Commission shall consult with appropriate national security
agencies, including the Department of Defense, the Department of
Homeland Security, the Office of the Director of National Intelligence,
the Department of Agriculture, the Department of Justice, and any other
relevant agency as determined by the Commission.
(c) Authority To Determine Need for Divestment.--
(1) In general.--The Commission may determine, based on the
study and consultations under subsections (a) and (b), that
divestment, structural separation, or other remedial action is
needed with respect to such foreign-controlled entities to
protect competition, national security, or the resilience of
the United States food system.
(2) Congressional review.--
(A) Submission.--Before the Commission may require
divestment, structural separation, or other remedial
action under paragraph (1), the Commission shall submit
to each House of Congress the determination under that
paragraph and Congress shall review the determination
pursuant to subparagraph (B).
(B) Review.--Congress may, by an Act of Congress,
block a determination submitted under subparagraph (A)
through the congressional disapproval procedure set
forth in section 802 of title 5, United States Code.
(C) Requirement.--Upon the expiration of the review
period under subparagraph (B), the Commission may
require the divestiture, structural separation, or
other remedial action determined under paragraph (1).
(d) Report to Congress.--Not later than 120 days after the date of
enactment of this Act, the Commission shall submit to Committee on
Commerce, Science, and Transportation of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on the Judiciary
of the Senate, the Committee on Energy and Commerce of the House of
Representatives, the Permanent Select Committee on Intelligence of the
House of Representatives, and the Committee on the Judiciary of the
House of Representatives a report that includes a divestment decision
with respect to each foreign-controlled meatpacking enterprise.
TITLE IV--BRINGING PRICES DOWN FOR THE AMERICAN FAMILY
SEC. 401. FINDINGS.
Congress finds the following:
(1) Families across the United States face persistently
high prices for meat, which contribute significantly to overall
food costs and household financial strain.
(2) Concentration and limited competition in meat supply
chains and retail markets can facilitate unfair and unjustly
discriminatory pricing practices, including price
discrimination that disadvantages certain retail grocers and
the communities they serve.
(3) Unfair and unjustly discriminatory prices and price
discrimination for meat products can result in higher prices,
reduced availability, and fewer choices for consumers,
particularly in rural areas, low-income communities, and
communities already experiencing limited grocery access.
(4) Section 406 of the Packers and Stockyards Act, 1921 (7
U.S.C. 227), confers authority on the Commission with respect
to the retail sale of meat, meat food products, and livestock
products in unmanufactured form. Under section 406 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 227), the Commission
may exercise its authority, including its authority under the
Federal Trade Commission Act, to prevent unfair methods of
competition and unfair or deceptive acts or practices in or
affecting commerce in connection with such retail sales.
(5) The authority extends to conduct that results in unfair
and unjustly discriminatory retail meat prices and to price
discrimination in meat, which drives prices higher for
independent, smaller, or neighborhood grocery stores, where
such conduct constitutes an unfair method of competition or an
unfair or deceptive act or practice.
(6) Section 5 of the Federal Trade Commission Act (15
U.S.C. 45) declares unlawful unfair methods of competition and
unfair or deceptive acts or practices in or affecting commerce
and authorizes the Commission to prevent such conduct through
investigations, administrative proceedings, and judicial
enforcement, including with respect to retail and wholesale
sales of meat, meat food products, and livestock products in
unmanufactured form where such sales are in or affect commerce.
(7) The Commission's authority under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45), including as
informed by its policy statements and enforcement precedent,
provides an important tool to challenge unfair methods of
competition, coordinated conduct, exclusionary practices, and
unfair or deceptive acts or practices in retail and wholesale
meat markets that may drive up prices, restrict output, or
otherwise harm consumers, small and independent grocers, and
fair competition.
(8) Congress intends that the Commission fully and
proactively utilize its authority under section 406 of the
Packers and Stockyards Act, 1921, its authority under Section 5
of the Federal Trade Commission Act (15 U.S.C. 45), and all
other applicable laws, to identify, prevent, and remedy unfair
and unjustly discriminatory retail and wholesale meat prices
and price discrimination that harms consumers, honest
businesses, and competition.
(9) The authority of the Commission under section 6(b) of
the Federal Trade Commission Act (15 U.S.C. 46(b)) to require
reports and answers to specific questions from persons,
partnerships, and corporations enables the Commission to study
and report on market structure, pricing practices, and
competitive conditions in retail and wholesale meat markets,
thereby informing effective enforcement and policymaking.
SEC. 402. REPORT ON MAXIMIZING AUTHORITY UNDER SECTION 406 OF THE
PACKERS AND STOCKYARDS ACT, 1921, AND RELATED FEDERAL
TRADE COMMISSION AUTHORITIES.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the congressional
committees described in subsection (c) a report describing how the
Commission is using and maximizing, and plans to further maximize--
(1) its authorities under section 406 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 227) and section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to address--
(A) unfair and unjustly discriminatory retail and
wholesale prices for meat, meat food products, and
livestock products in unmanufactured form; and
(B) price discrimination in meat, including beef
and pork, that results in higher prices or otherwise
less favorable terms for independent, smaller, or
neighborhood grocery stores; and
(2) its authority under section 6(b) of the Federal Trade
Commission Act (15 U.S.C. 46(b)) to conduct studies and obtain
information, including compulsory process where appropriate,
regarding the structure, conduct, and performance of retail and
wholesale meat markets, and the pricing, contracting, and
merchandising practices of firms operating in those markets.
(b) Contents.--The report required under subsection (a) shall
include, at a minimum--
(1) a description of the Commission's interpretation of its
authority under section 406 of the Packers and Stockyards Act,
1921 (7 U.S.C. 227), and section 5 of the Federal Trade
Commission Act (15 U.S.C. 45), as those authorities apply to
unfair and unjustly discriminatory retail and wholesale meat
prices and to price discrimination in meat affecting retail
grocers;
(2) a description of any policies, guidance, rules, or
enforcement priorities the Commission has adopted, revised, or
is considering to better detect, deter, and remedy such conduct
using its authority under section 406 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 227), section 5 of the Federal
Trade Commission Act (15 U.S.C. 45), and other applicable
statutes;
(3) a summary of any investigations, enforcement actions,
or other proceedings, initiated or completed during the 180-day
period beginning on the date of enactment of this Act, that
involve alleged unfair and unjustly discriminatory retail or
wholesale meat prices or price discrimination in meat affecting
retail grocers, to the extent practicable and consistent with
the protection of confidential or law-enforcement-sensitive
information;
(4) an assessment of how unfair and unjustly discriminatory
pricing, and price discrimination in meat affecting retail
grocers, may contribute to higher prices or reduced access to
meat products for consumers in particular geographic areas or
demographic groups;
(5) a description of the Commission's coordination with the
Department of Agriculture, the Department of Justice, and any
other relevant Federal or State agencies with respect to unfair
and unjustly discriminatory retail and wholesale meat prices
and price discrimination affecting retail grocers;
(6) any recommendations for additional statutory authority,
resources, or other measures that the Commission determines
would enhance its ability to address unfair and unjustly
discriminatory retail and wholesale meat prices and price
discrimination in meat that harms competition and consumers;
(7) a description of how the Commission has used, or plans
to use, its authority under section 6(b) of the Federal Trade
Commission Act (15 U.S.C. 46(b)) to study and obtain
information regarding retail and wholesale meat pricing, fees,
discounts, allowances, and other terms or practices that may
result in unfair or unjustly discriminatory prices or price
discrimination affecting independent, smaller, or neighborhood
grocery stores; and
(8) an identification of any studies initiated, ongoing, or
completed under section 6(b) of the Federal Trade Commission
Act (15 U.S.C. 46(b)) that relate to retail or wholesale meat
markets, food retailing, or related pricing and merchandising
practices, and a discussion of how the results of such studies
inform, or are expected to inform, the Commission's
enforcement, policy development, and coordination with other
Federal or State agencies with respect to unfair and unjustly
discriminatory retail or wholesale meat prices and price
discrimination.
(c) Committees.--The congressional committees described in this
subsection are the following:
(1) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The Committee on Agriculture, Nutrition, and Forestry
of the Senate.
(3) The Committee on the Judiciary of the Senate.
(4) The Committee on Energy and Commerce of the House of
Representatives.
(5) The Committee on Agriculture of the House of
Representatives.
(6) The Committee on the Judiciary of the House of
Representatives.
TITLE V--FUNDING THE DEVELOPMENT OF NEW COMPETITORS
SEC. 501. FUNDING FOR FARMER'S COOPERATIVES AND SMALL BUSINESS
CONCERNS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a farmers' cooperative; and
(B) a small business concern (within the meaning of
section 3 of the Small Business Act (15 U.S.C. 632)).
(b) Authority.--The Administrator may provide financial assistance,
loan guarantees, technical assistance, and other assistance to eligible
entities for the purpose of acquiring, operating, or expanding
meatpacking plants or facilities divested pursuant to this Act.
(c) Applications.--An eligible entity seeking assistance under
subsection (b) shall submit to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator may require.
(d) Preference.--In evaluating applications submitted under
subsection (c), the Administrator shall, to the extent consistent with
sound underwriting and program integrity, give preference to eligible
entities proposing to use such assistance for locally or regionally
focused operations that will enhance competition for livestock and
benefit producers and consumers.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as are necessary to carry
out this section.
TITLE VI--RULEMAKING AND ENFORCEMENT AUTHORITY
SEC. 601. ENFORCEMENT AUTHORITY.
(a) Enforcement.--
(1) Failure to divest as required.--
(A) In general.--A failure to divest pursuant to
this Act shall be deemed to be an unlawful method of
competition in violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45). The Commission
shall enforce divestitures under this Act in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Persons subject to the packers and stockyards
act.--Notwithstanding section 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 45(a)(2)) or any
jurisdictional limitation of the Commission, the
Commission shall also enforce this Act, in the same
manner provided in subparagraph (A), with respect to
persons, partnerships, or corporations insofar as they
are subject to the Packers and Stockyards Act, 1921 (7
U.S.C. 181 et seq.).
(C) Penalties for failure to divest.--
(i) In general.--The Commission shall
impose a civil penalty equal to 10 percent of
the revenue of the violator during the period
of violation for any failure to divest pursuant
to this Act.
(ii) Enhanced penalty.--The Commission
shall impose a civil penalty equal to 3 times
the amount of any damages under section 5 of
the Federal Trade Commission Act (15 U.S.C. 45)
for any knowing violation of this Act.
(2) Civil action.--
(A) In general.--The Commission is authorized to
bring a civil action in an appropriate district court
of the United States to enforce any divestment plan,
order, or condition imposed under this Act, including
to enjoin violations, compel compliance, or obtain
other appropriate relief.
(B) Remedies.--In an action under subparagraph (A),
the court may grant any appropriate equitable relief,
including specific performance, modification of
divestiture terms (only on motion of the Commission),
appointment of a monitor, disgorgement or restitution,
or such other relief as the interests of justice and
competition may require.
(b) Use of Penalty Funds.--The Commission shall use any civil
penalties or other amounts recovered under this Act to promote
competition, including by funding the development of new competitors
under title V.
(c) Requests for Information and Assistance.--The Department of
Agriculture shall comply with all requests for information and expert
assistance made by the Commission in carrying out this Act.
SEC. 602. RULEMAKING.
(a) Objectives.--In promulgating all rules under this Act relating
to required divestitures and divestment plans, the Commission shall aim
to--
(1) discourage monopolistic practices;
(2) strengthen and preserve the competitive position of
small business concerns;
(3) foster the development of new independent enterprises;
and
(4) preference farmers' cooperatives and small businesses
in divestment plans.
(b) Requirements.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall promulgate, in
accordance with section 553 of title 5, United States Code,
such rules and regulations as are necessary to carry out this
Act, including rules relating to--
(A) definitions of markets for cattle slaughter and
beef processing in the United States;
(B) standards and requirements for divestitures
under this Act; and
(C) in consultation with national security
agencies, an identification of all covered foreign-
controlled meatpacking enterprises.
(2) Failure to promulgate regulations.--If no regulations
have been promulgated by the Commission on or before the date
described in this subsection, the requirements of this section
shall still apply.
<all>
Family Grocery and Farmer Relief Act
#4007 | S Congress #119
Policy Area: Agriculture and Food
Subjects:
Last Action: Read twice and referred to the Committee on the Judiciary. (text: CR S883-887) (3/5/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text