National Chicken Council opposes Packers and Stockyards amendment
March 15, 2013 | 02:39 PM
The National Chicken Council issued a statement today defending a provision in an appropriations bill to stop the Grain Inspection Packers and Stockyards Administration from issuing a final rule to make changes in how the Packers and Stockyards Act is interpreted, and opposing an amendment offered by Sen. Jon Tester, D-Mont., and others that would strike the provision from the continuing resolution that is under consideration in the Senate.
Mike Brown
The 2008 farm bill ordered GIPSA to consider changes to the Packers and Stockyards rule to ensure fair competition, but National Chicken Council President Mike Brown contends that GIPSA went beyond congressional intent in writing the rule.
Brown noted that language that continues to prevent GIPSA from issuing a final rule was contained in the Agriculture appropriations bill that passed the House Appropriations Committee last June. That bill never went to the House floor but was part of a negotiation between the House and the Senate in December that resulted in an Agriculture appropriations bill that is included in the continuing resolution to fund the government through September 30.
Brown said that the provision in the bill will stop GIPSA from defining injury to competition and from finalizing a rule on the contractual growout structure of the chicken industry.
He also said it “includes language making the rule consistent with the legal intention of the 2008 farm bill by requiring GIPSA to rescind provisions about: placing pullets, breeders, and laying hens under the agency’s authority; defining a capital investment over the life of a growing arrangement; and, requiring that a dealer provide notice 90 days before suspending delivery of a flock for more than 15 days.”
But a wide range of farm groups including the National Family Farm Coalition, the National Farmers Union and the American Farm Bureau Federation have defended the GIPSA and have issued statements that the provision should be removed from the bill.
A coalition letter said that the poultry growers have been “grossly mistreated” and that the new rule is needed to protect them.
Sen. Jon Tester, D-Mont., has said that the inclusion of the provision amounts to a “backroom” deal that benefits corporate America.
Democratic Sens. Tim Johnson of South Dakota, Sherrod Brown of Ohio and Patrick Leahy of Vermont have co-sponsored the bill.
Mike Brown noted that there was debate on the measure, and said “It is ironic that senators from states without any broiler production, nor poultry growers whom they portend to be protecting, are leading the charge to strike these provisions.”
Brown also maintained that all the protections that are in the Packers and Stockyards Act and the provisions that were statutorily mandated in the 2008 farm bill “are still in place and not impacted by these technical corrections.”

The 2008 farm bill ordered GIPSA to consider changes to the Packers and Stockyards rule to ensure fair competition, but National Chicken Council President Mike Brown contends that GIPSA went beyond congressional intent in writing the rule.
Brown noted that language that continues to prevent GIPSA from issuing a final rule was contained in the Agriculture appropriations bill that passed the House Appropriations Committee last June. That bill never went to the House floor but was part of a negotiation between the House and the Senate in December that resulted in an Agriculture appropriations bill that is included in the continuing resolution to fund the government through September 30.
Brown said that the provision in the bill will stop GIPSA from defining injury to competition and from finalizing a rule on the contractual growout structure of the chicken industry.
He also said it “includes language making the rule consistent with the legal intention of the 2008 farm bill by requiring GIPSA to rescind provisions about: placing pullets, breeders, and laying hens under the agency’s authority; defining a capital investment over the life of a growing arrangement; and, requiring that a dealer provide notice 90 days before suspending delivery of a flock for more than 15 days.”
But a wide range of farm groups including the National Family Farm Coalition, the National Farmers Union and the American Farm Bureau Federation have defended the GIPSA and have issued statements that the provision should be removed from the bill.
A coalition letter said that the poultry growers have been “grossly mistreated” and that the new rule is needed to protect them.
Sen. Jon Tester, D-Mont., has said that the inclusion of the provision amounts to a “backroom” deal that benefits corporate America.
Democratic Sens. Tim Johnson of South Dakota, Sherrod Brown of Ohio and Patrick Leahy of Vermont have co-sponsored the bill.
Mike Brown noted that there was debate on the measure, and said “It is ironic that senators from states without any broiler production, nor poultry growers whom they portend to be protecting, are leading the charge to strike these provisions.”
Brown also maintained that all the protections that are in the Packers and Stockyards Act and the provisions that were statutorily mandated in the 2008 farm bill “are still in place and not impacted by these technical corrections.”