One of the best things that could happen to the corporate hog farmers in the Carolinas was a limit on new farms because of the waste disposal systems (there was environmental damage after hurricane and floods). The state would not allow new ones to be built.
The reason it was good was that if one of these farmers were to go under, that amount of production would not be replaced because it could not by another factory farm. The packers had to be good to their farmers or they lost supply.
The game packers play with their supply is to make the purchase of the farmers product good enough for farmers to make investments (mostly single use buildings and equipment) and then put the screws to them in subsequent years by requiring continual upgrades the farmers must make on his dime with no compensation or not be able to use the farm investments at all--the packer will cut them off. What continual upgrades do not take out of the farmer's profit, inflation will.
Then packers offer a better deal to new farmers to induce them into the business. They pay more or advantage the new farmers through the things in they control in their contract.
One of the main goals is to have farmers owing debt. When you owe debt, as Dave Ramsey says, you are a slave. The debt does not allow farmers to get out of the business without suffering great financial loss--often their land and homes. Since the contracts are not paid based on just on the product that is produced, but also the facilities are used, the packers have automatically discounted the value of their farms. The packers in this way control their supply going into their plants with no effect if one farmer decides to get out of the ponzi scheme. Another way they control the supply for a particular plant is through the velocity or the rapidity that there is a turn around, if there is one farm that goes under.
They thus are able to keep their farmers
They have built a supply system that is the cheapest -- but off the backs of the farmers- because they pay their existing farmers their variable costs, which does not include profit. The new farmers who are induced into the system are have to be shown to paid a profit, or they would not invest in the operation in the first place. That is the reason they pay them more for the same product utilizing a variety of tricks or unfair advantages, which of course, is outlawed under the Packers and Stockyards Act:
Of course this this the law the packers tried to get rid of legislatively but were not able to.
The Pickett case decision allowed them to do this.
This is why the new farm bill has much of title 10, to correct these problems the courts have not.
Find title 10 by going to agriculture.senate.gov and then go to Section by sections, and look up title 10.
Here is the amendment that will change the liberal court's decision:
The reason it was good was that if one of these farmers were to go under, that amount of production would not be replaced because it could not by another factory farm. The packers had to be good to their farmers or they lost supply.
The game packers play with their supply is to make the purchase of the farmers product good enough for farmers to make investments (mostly single use buildings and equipment) and then put the screws to them in subsequent years by requiring continual upgrades the farmers must make on his dime with no compensation or not be able to use the farm investments at all--the packer will cut them off. What continual upgrades do not take out of the farmer's profit, inflation will.
Then packers offer a better deal to new farmers to induce them into the business. They pay more or advantage the new farmers through the things in they control in their contract.
One of the main goals is to have farmers owing debt. When you owe debt, as Dave Ramsey says, you are a slave. The debt does not allow farmers to get out of the business without suffering great financial loss--often their land and homes. Since the contracts are not paid based on just on the product that is produced, but also the facilities are used, the packers have automatically discounted the value of their farms. The packers in this way control their supply going into their plants with no effect if one farmer decides to get out of the ponzi scheme. Another way they control the supply for a particular plant is through the velocity or the rapidity that there is a turn around, if there is one farm that goes under.
They thus are able to keep their farmers
They have built a supply system that is the cheapest -- but off the backs of the farmers- because they pay their existing farmers their variable costs, which does not include profit. The new farmers who are induced into the system are have to be shown to paid a profit, or they would not invest in the operation in the first place. That is the reason they pay them more for the same product utilizing a variety of tricks or unfair advantages, which of course, is outlawed under the Packers and Stockyards Act:
Quote:
(a) Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device; or
(b) Make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever; or
(c) Sell or otherwise transfer to or for any other packer or any live poultry dealer, or buy or otherwise receive from or for any other packer or any live poultry dealer, any article for the purpose or with the effect of apportioning the supply between any such persons, if such apportionment has the tendency or effect of restraining commerce or of creating a monopoly; or
(d) Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce; or
(e) Engage in any course of business or do any act for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce; or
(f) Conspire, combine, agree, or arrange, with any other person (1) to apportion territory for carrying on business, or (2) to apportion purchases or sales of any article, or (3) to manipulate or control prices; or
(g) Conspire, combine, agree or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by subdivision (a), (b), (c), (d), or (e). (7 U.S.C. 192)
Of course this this the law the packers tried to get rid of legislatively but were not able to.
The Pickett case decision allowed them to do this.
This is why the new farm bill has much of title 10, to correct these problems the courts have not.
Find title 10 by going to agriculture.senate.gov and then go to Section by sections, and look up title 10.
Here is the amendment that will change the liberal court's decision:
Quote:
Harkin-Enzi No Competitive Injury Amendment #3667 - (Clarification that the Packers and Stockyards Act (PSA) Protects Individual Farmers from Unfair and Deceptive Trade Practice) –VOTE IN SUPPORT OF HARKIN ENZI AMENDMENT
For 85 years that Packers and Stockyards Act has protected individual farmers from unfair and deceptive trade practices. However, some judges have recently required producers to also show not only individual harm, but also "competitive harm" to the entire industry. The "competitive harm" language is not in the Act. This amendment will return PSA interpretation to its original intent, and is supported by the USDA. (See fact sheet at http://tinyurl.com/2qtejb ).
Tester-Harkin Grassley No Legitimate Business Justification Amendment #3666- VOTE IN SUPPORT OF TESTER HARKIN GRASSLEY AMENDMENT
Price manipulation is wrong, and prohibited by the Packers & Stockyards Act (PSA). Some judges have recently ruled that price manipulation is excused if the packer had a legitimate business justification, such as buying sufficient livestock, though this language is not in the PSA. Packers can buy livestock without manipulating prices. This amendment will return PSA interpretation to its original intent. (See fact sheet at http://tinyurl.com/335qr5 ).