Fair and competitive markets have long been the cornerstone of the American economy. Competition ensures that American farmers, ranchers, and those who grow our nation’s food to have the freedom to choose among different suppliers, employers, and retailers to buy and sell their product and the products they need. It spurs many businesses to innovate, improves opportunities for producers and workers, and increases resiliency in the nation’s food supply.
Over a century ago, Congress authorized the U.S. Department of Agriculture (USDA) and other agencies to police against illegal market structures and conduct that harm farmers, ranchers, and agricultural producers. The Packers and Stockyards Act (P&S) of 1921 authorizes USDA to “assure fair competition and fair trade practices, to safeguard farmers and ranchers... to protect consumers... and to protect members of the livestock, meat, and poultry industries from unfair, deceptive, unjustly discriminatory and monopolistic practices...."
In 2021, President Biden issued an Executive Order on Promoting Competition in America’s Economy that directed USDA and other agencies to robustly police U.S. markets, including in agriculture, where “consolidation... is making it hard for small family farms to survive.” In January 2022, the Biden-Harris Administration also announced an Action Plan for a Fairer, More Competitive, and More Resilient Meat and Poultry Supply Chain, and updates on USDA’s on-going efforts are available at our Meat and Poultry Supply Chain page. In June 2022, USDA announced it’s Framework for Food System Transformation as well featuring a presentation by Secretary Vilsack.
USDA’s work includes investments, regulation, and market research. Below, USDA outlines some ways that you can assist USDA in understanding developments in the agricultural markets, recommend actions, report a complaint or find grants and programs to promote fair and competitive markets in your town or county.
- Read USDA’s plan for fair and competitive markets
USDA has published the report, “Agricultural Competition: A Plan In Support Of Fair And Competitive Markets” that sets out USDA’s strategies to increase competition through investing in new competitors to address major bottlenecks in the food and agricultural supply chains, in particular meat and poultry processing and domestic fertilizer capacity. It also highlights USDA’s comprehensive efforts to reinvigorate competition and fair market regulation and oversight, and USDA’s efforts to enhance value-added competitive opportunities for producers, including the already-announced top-to-bottom review of the “Product of USA” label for beef and a newly announced review of animal-raising claims, among many other strategies and efforts.
View the Agricultural Competition: A Plan In Support Of Fair And Competitive Markets Report
Preview the Proposed Rule on Inclusive Competition and Market Integrity under the Packers and Stockyards Act
The Inclusive Competition and Market Integrity proposed rule would revise regulations under the P&S Act by prohibiting certain prejudices and disadvantages against covered producers in the livestock, meat, and poultry markets. The regulations would identify retaliatory practices that interfere with lawful communications, assertion of rights, and participation in associations, among other protected activities. The regulations would also identify unlawfully deceptive practices that violate the P&S Act with respect to contract formation, contract performance, contract termination and contract refusal. The purpose of the rule is to promote inclusive competition and market integrity in the livestock, meat, and poultry markets.
The rule will soon be published in the Federal Register and made available for public comment. A preview of the rule is linked below. Stakeholders and other interested parties will have 60 days from the date of publication to submit comments via the Regulations.gov web portal. All comments submitted will be considered as USDA develops a final rule.
View the draft version of the Proposed Rule on Inclusive Competition and Market Integrity (pdf)
- Provide comments to the Proposed Rule for Transparency in Poultry Grower Contracting and Tournaments
The Agricultural Marketing Service is seeking comments on proposed revisions to the regulations under the Packers and Stockyards Act, 1921 that would revise the list of disclosures and information live poultry dealers must provide to poultry growers and sellers as part of poultry growing arrangements and would establish additional disclosure requirements to determine settlement payments for poultry growers in connection with the use of poultry grower ranking, or tournament, systems by live poultry dealers. The proposals are intended to promote transparency in poultry production contracting and to give poultry growers and prospective poultry growers relevant information with which to make business decisions.
View the Proposed Rule for Transparency in Poultry Grower Contracting and Tournaments
View the Transparency in Poultry Grower Contracting and Tournaments Fact Sheet (pdf)
View the AMS Webinar: Proposed Rule for Transparency in Poultry Grower Contracting and Tournaments
- Help USDA develop more guidelines for fair and competitive markets
USDA is issuing an Advance Notice of Proposed Rulemaking to gather comments and information to help USDA develop policy and future rulemaking proposals regarding the use of poultry grower ranking systems commonly known as tournaments in contract poultry production. AMS seeks this input in response to numerous complaints from poultry growers about the use of tournament systems. Comments in response to this request would help AMS tailor further rulemaking in addition to that already planned and under way to address specific industry practices in relation to tournament systems.
View the Advance Notice of Proposed Rulemaking
- Report a possible violation and seek remediation: If you are a farmer, rancher, or agricultural producer, and have a problem or would like to report a possible violation of the law, please file your complaint at the Farmer Fairness Portal.
- Learn about USDA’s Agricultural Competition Challenge to the State Attorneys General: Building on the Biden-Harris Executive Order’s “Whole-of-Government” approach, USDA is also taking action to ramp up enforcement of the competition laws by challenging the state attorneys general (AG) to partner with USDA on competition issues in the food and agriculture space, using up to $15 million in funds from the Consolidated Appropriations Act (CAA) for a combination of renewable cooperative agreements and memorandums of understanding that will improve state AG capacity to conduct on-the-ground investigations of competition issues, enhance coordination between Federal and state agriculture and competition enforcement authorities, create new and more independent research programs, and ultimately result in more rigorous enforcement of the competition laws.
- Respond to USDA’s requests for information:
- USDA has launched a public inquiry into anti-competitive structures and conduct in several food and agricultural industries, including seed, fertilizer, and in retail. If you would like to comment on the impacts of concentration and market power in these industries, please respond to the public request for information. Respond to the RFI
- The DOJ and FTC launched a public inquiry seeking comment on merger guidelines that the agencies use to assess whether mergers or acquisitions may lessen competition or tend to create a monopoly. If you are someone who has experienced firsthand a merger or would like to comment, please do so at Regulations.gov before April 21, 2022.
- Find information about USDA Assistance for Farmers Cooperatives: Congress recognized that agricultural input and packing industries in some regions could be the only choices for farmers, and could thereby exercise their market power to increase costs or reduce payment for farmers. In response to farmers’ concerns over a century ago, Congress passed antitrust laws that prohibited monopolization, including by railroad and meatpacker trusts that combined production factories, stockyards, refrigerated rail cars, and other business lines. Recognizing (pdf) that farmers’ coordination of market activities could violate the antitrust laws, Congress through the Capper-Volstead Act permitted a limited antitrust exemption to farmer-owned and democratically elected cooperatives to possess and coordinate production, processing, and distribution activities. If you are interested in starting up or learning more about farmer-owned cooperatives, please see USDA Rural Development’s Cooperative Services webpage.
- Find loans, grants, and assistance for building up local and regional economies: Congress also authorized USDA programs to enhance market competitiveness for U.S. farmers and ranchers, protect domestic food security, and promote the orderly production and distribution of agricultural products. Programs span all business lines in the food supply chain, including breeding new plant varieties that grow optimally in your region, conservation assistance, to grants and loans to build a feed mill. If you are interested in making use of the programs, which include grant funding, loans, and technical assistance, please see USDA’s Local and Regional Food Sector webpage.
- Provide insights into market practices and risks. USDA monitors markets and analyzes for anticompetitive practices that may affect agricultural and food systems. USDA regularly engages with the Department of Justice (DOJ) and the Federal Trade Commission (FTC) and state attorneys general on competition-related matters, and may provide comments on USDA’s behalf to other agencies as well—for example, the Surface Transportation Board in the case of transportation-related competition issues.
As one of several federal agencies authorized by Congress’ laws to protect farmers, ranchers, agricultural producers and the general public from anticompetitive structures and conduct, we take seriously all complaints and enforcement or remediation actions. For more information on problems reported by the public and how we may engage applicable agencies to enforce laws, see the table below. In some cases, state laws and enforcement authorities may be able to help you. Please contact the applicable state agencies for assistance.
Does your problem have to do with the following?
Submit a complaint or tip
DOJ, FTC, USDA
||cftc.gov/complaint||Commodity Futures Trading Commission (CFTC)|
||consumerfinance.gov/complaint||Consumer Financial Protection Bureau (CFPB)|
||epa.gov/report-violation||Environmental Protection Agency (EPA)|