On September 26, the U.S. Department of Agriculture (USDA) proposed a new rule under the Packers and Stockyards (P&S) Act intended to boost competition in the meat and poultry markets. The proposed regulation, titled the Inclusive Competition and Market Integrity rule, would revise regulations under the P&S Act to provide additional protections for producers in the livestock, meat and poultry markets. The proposed rule seeks to accomplish the following:

• Protect “market vulnerable individuals,” defined as those at heightened risk of adverse, exclusionary treatment in the marketplace, which may occur on the basis of their race, gender, sexual orientation, and religious affiliation
• Protect producers from retaliatory practices that interfere with a producer’s lawful communications, assertion of rights, and participation in associations, among other protected activities
• Identify deceptive practices that violate the P&S Act concerning contract formation, performance, termination and refusal
• Implements recordkeeping requirements to support the evaluation of a covered entity’s compliance with the P&S Act, including the ability to inspect relevant records such as policies and procedures, staff training and producer information materials, data and testing, board of directors’ oversight materials, and other relevant materials

The proposed rulemaking was announced in tandem with a new $15 million Agricultural Competition Challenge to encourage cooperation between the USDA and State Attorneys General to investigate and address anti-competitive practices in agricultural markets.

The proposed rule will soon be published in the Federal Register and be open for public comment for sixty days. Interested county officials are encouraged to submit their comments to USDA via the Regulations.gov web portal.

Counties recognize food safety is critical to protecting the welfare of all American consumers, especially our children. Maintaining confidence in our nation’s food supply benefits agricultural producers and food manufacturers located throughout our nation. Counties call on federal policymakers to work closely with state and local governments throughout the rulemaking process.