On September 27, 2010, the President signed into law the Mandatory Price Reporting Act of 2010 (Act). Among other provisions, the Act amended the Agricultural Marketing Act of 1946 to extend livestock mandatory reporting by 5 years and to require mandatory reporting of wholesale pork cuts. To implement this new provision, the Act directed USDA to establish a committee to engage in negotiated rulemaking. The Act states that the Secretary shall ensure that any recommendation for a proposed rule or report carried out through the negotiated rulemaking process be provided to the Secretary no later than 180 days following enactment and that a final rule be promulgated no later than 18 months following enactment.
AMS published a notice in the Federal Register on November 24, 2010, that served three primary purposes: to announce the Agencys intent to engage in negotiated rulemaking; to propose committee members; and to allow the public 30 days to comment on AMS proposed members and/or submit other names. The negotiated rulemaking process, which is authorized by the Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561570), involves a committee composed of people representing interests that will be significantly affected by the rule, and the rulemaking agency developing the regulations.
Subsequently, AMS published a notice on January 26, 2011, announcing the establishment of the Wholesale Pork Reporting Negotiated Rulemaking Committee (Committee). The Committee members were: American Meat Institute; Chicago Mercantile Exchange; Food Marketing Institute; Grocery Manufacturers Association; Livestock Marketing Information Center; National Farmers Union; National Livestock Producers Association; National Meat Association; National Pork Producers Council; North American Meat Processors Association; United Food and Commercial Workers Union; and USDA, Agricultural Marketing Service.
The Committee met three times between February and May of 2011. All meetings were open to the public without advance registration. Members of the public were given opportunities to make statements during the meetings at the discretion of the Committee, and were able to file written statements with the Committee for its consideration. The language developed by the Committee served as the basis for the proposed rule and the regulatory text outlined in the final rule published in the Federal Register on August 22, 2012.