Sec. 2. Emergency assistance for livestock and poultry losses
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In this section: The term covered livestock or poultry means livestock or poultry that is— used only for breeding purposes; fattening; or market-ready. The term covered producer means a person or legal entity that assumes the production and market risks associated with the agricultural production of livestock and poultry (as those terms are defined in section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182 )). The term COVID–19 public health emergency means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19.
The term intentional depopulation means— the destruction of covered livestock or poultry; and the transfer of covered livestock or poultry without compensation to a noncommercial interest. The term live poultry dealer has the meaning given the term in section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) ). The term packer has the meaning given the term in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 ). The term Secretary means the Secretary of Agriculture.
The Secretary shall make payments to covered producers to offset the actual loss of income related to the intentional depopulation of covered livestock and poultry due to insufficient regional access to meat or poultry processing related to the COVID–19 public health emergency, as determined by the Secretary. For a period of 30 days beginning, with respect to a covered producer, on the initial date of the intentional depopulation described in subsection
(b)of the covered livestock or poultry of the covered producer, the Secretary shall reimburse the covered producer for 85 percent of the value of actual losses as determined under subsection (d). For each 30-day period subsequent to the 30-day period described in paragraph (1), the Secretary shall reduce the value of the actual losses determined under subsection
(d)with respect to a covered producer by 10 percent. In no case shall the amount of payments received by a producer under this section exceed 100 percent of the actual loss of that producer. In calculating the amount of actual losses for purposes of the payment rates under subsection (c), the Secretary shall use the average fair market value, as determined by the Secretary in collaboration with the Chief Economist of the Department of Agriculture and the Administrator of the Agricultural Marketing Service, for covered livestock or poultry, as applicable, during the period beginning March 1, 2020, and ending on the date of enactment of this section. In no case shall a payment made under subsection
(b)exceed the average market value of covered livestock or poultry on the date of the depopulation described in that subsection. The Secretary may not make payments under this section for actual losses associated with livestock owned by a packer or poultry owned by a live poultry dealer. There are appropriated, out of any amounts in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section.
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