USDA to Revive GIPSA Rule

We haven’t had a chance to read it yet but USDA has sent out copies of the newest iteration of the “GIPSA Rule” as it will appear in the Federal Register tomorrow, beginning a 60-day comment period.

The Rule is split into three parts, with the first dealing with the poultry industry.  Part II deals with the definitions in section 202 a & b and requires 85 pages to handle.  This is an Interim Rule, and will go into effect 60 days after publication.  USDA will still take comments on this Interim Rule.  This section deals with the requirement to show harm to competition and looks even from the titles and descriptions to be a real problem.  In addition, it refers to USDA’s “longstanding interpretation” regarding harm to competition, something most of us never heard of before the 2010 Rule.  If USDA had an interpretation counter to nearly all federal court decisions, it was news to most livestock folks.

The third section of the Rule is to define “Unfair Practices” and “Undue Preferences” and requires 69 pages to address.  This section is a Proposed Rule, with comments being taken from 60 days after publication.

We will delve into the details very soon in our “AFF Sentinel” e-mail newsletter.  If you do not receive the Sentinel and would like to do, send us an e-mail at

Published in: on December 14, 2016 at 11:57 am  Leave a Comment  

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