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USDA AMS Publishes Final Rule on Mandatory Price Reporting for Wholesale Pork

Thursday, August 23, 2012

(American Meat Institute)

The Agricultural Marketing Service (AMS) yesterday published in the Federal Register a final rule, Livestock Mandatory Reporting Program; Establishment of the Reporting Regulation for Wholesale Pork that establishes a mandatory price reporting program for certain wholesale pork products.


The final rule tracks closely the recommendations of a Negotiated Rulemaking Committee, which was comprised of representatives of all sectors of the pork industry and met three times in 2011. The final rule is effective on January 7, 2013.


The rule defines ''wholesale pork'' to mean "fresh and frozen primals, sub-primals, cuts fabricated from subprimals, pork trimmings, pork for processing, and variety meats" and it includes such products even if they contain commonly added ingredients that are used to extend shelf life, e.g., salt or sodium phosphate solution. Excluded from the wholesale pork definition are "portion-control cuts, cuts flavored above and beyond normal added ingredients that are used to enhance products, cured, smoked, cooked, and tray packed products."


Packers will be required to report the price for each wholesale sale, quoted in dollars per hundredweight on an F.O.B. Plant and an F.O.B. Omaha basis, the quantity for each pork sale, quoted by number of pounds sold, and several characteristics of each sale, including: (i) type of sale;  (ii) pork item description; (iii) pork item product code; (iv) product delivery period in calendar days; (v) pork class (barrow/gilt, sow, boar); (vi) destination (domestic, export/overseas, NAFTA); (vii) type of refrigeration (fresh, frozen, age range of fresh product);  and (viii) specialty pork product, if applicable.


“We are pleased by the publication of the mandatory price reporting final rule for wholesale pork,” said AMI Senior Vice President of Regulatory Affairs and General Counsel Mark Dopp. “The rule reflects an industry consensus that was achieved through the negotiated rulemaking process. The final rule offers a practical approach to improving market transparency.”


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