Sec. 3. Definitions
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In this Act: The term beef meatpacking market means the market for cattle slaughter and beef processing in the United States, including the national beef market and regional beef markets. The term Commission means the Federal Trade Commission. The term covered feedlot means a feedlot with a capacity of 24,000 head of cattle or more. The term covered foreign-controlled covered meatpacking enterprise means— JBS S.A. and its affiliates; and any other entity, as determined by rule by the Commission.
Subject to subparagraph (B), the term covered meatpacking enterprise has the meaning given the term packer in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 ). Not later than 90 days after the date of enactment of this Act, the Commission shall, by rule, define for purposes of this Act— a de minimus threshold of volume or revenue below which a person shall be excluded from the definition of a covered meatpacking enterprise under subparagraph (A); and the requirements that place a person under common control or in affiliation with a covered meatpacking enterprise such that the entity shall be included in the definition of a covered meatpacking enterprise under subparagraph (A). 4 The term CR4 means the sum of the market shares of the 4 largest firms in the relevant market.
The term farmers’ cooperative means an organization exempt from taxation under section 521 of the Internal Revenue Code of 1986. The term feedlot — means any facility that is used in its entirety or in part for the purpose of feeding livestock to be slaughtered, or to be sold for slaughter, by another; and does not include feeding incidental to the sale or transportation of livestock. The term HHI means the Herfindahl-Hirschman Index, calculated as the sum of the squares of the market shares of all firms in the relevant market.
The term line of protein means livestock, livestock products (as defined in section 2 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182 )), poultry, poultry products (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 )), meats, or meat food products (as defined in section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 )) in each of the following product categories: Beef (including cattle slaughter, beef processing, and beef products). Pork (including hog slaughter, pork processing, and pork products).
Poultry (including chicken slaughter, processing, and chicken products). Any additional category, as the Commission may, by rule, designate to prevent evasion of this Act. The term market share means the share of total slaughter or processing capacity, volume, or sales in the relevant market, as determined by rule by the Commission. The term national beef market means the market of the United States as a whole, or such broader integrated geographic market as the Commission determines appropriate, for the slaughter of cattle and processing of beef products.
The term regional beef market means a geographic market defined by reference to the regional direct slaughter cattle reporting regions of the Department of Agriculture, or any successor system of regional delineation the Commission determines better reflects competitive conditions.
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