Section 1 Short title
This Act may be cited as the “Poultry Grower Fairness Act of 2023”.
Poultry Grower Fairness Act of 2023
A BILL
To amend the Packers and Stockyard Act, 1921, to provide administrative enforcement authority over live poultry dealers, and for other purposes.
Sec. 2 Investigation of live poultry dealers
Administrative enforcement authority over live poultry dealers— Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193, 194, 195), are amended by inserting “, live poultry dealer,” after “packer” each place it appears.
Authority To request temporary injunction or restraining order— Section 408(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 228a(a)), is amended by inserting “, or poultry care,” after “on account of poultry obtained”.
Repeals— Sections 411, 412, and 413 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228b–2, 228b–3, 228b–4), are repealed.
Sec. 3 Award of attorney fees
Section 308 of the Packers and Stockyards Act, 1921 (7 U.S.C. 209), is amended by adding at the end the following:
“(c) Attorney’s fee—The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section.”
Sec. 4 Technical amendments
Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended—
in the matter preceding paragraph (1), by striking “When used in this Act—” and inserting “In this Act:”;
in paragraph (8), by striking “for slaughter” and all that follows through “of such poultry” and inserting “under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person”; and
in paragraph (9), by striking “and cares for live poultry for delivery, in accord with another's instructions, for slaughter” and inserting “or cares for live poultry in accordance with the instructions of another person”.
Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is amended—
in subsection (a), in the first sentence—
by striking “he shall cause” and inserting “the Secretary shall cause”; and
by striking “his charges” and inserting “the charges”;
in subsection (b), in the first sentence, by striking “he shall make a report in writing in which he shall state his findings” and inserting “the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary”; and
in subsection (c), by striking “he” and inserting “the Secretary”.
Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194), is amended—
in subsection (a), by striking “he has his” and inserting “the packer, live poultry dealer, or swine contractor has the”;
in subsection (c), by striking “his officers, directors, agents, and employees” and inserting “the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer”;
in subsection (f), in the second sentence—
by striking “his findings” and inserting “the findings of the Secretary”; and
by striking “he” and inserting “the Secretary”; and
in subsection (g), by striking “his officers, directors, agents, and employees” and inserting “the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer”.