The Organization for Competitive Markets (OCM) said today that it was disappointed that the National Cattlemen's Beef Association (NCBA) is continuing to disregard the directives of its members by defending the 3/60
rule imposed by USDA on the Mandatory Price Reporting system. The Mandatory Livestock Price Reporting Act passed by Congress one and one-half years ago was a victory for independent farmers and ranchers seeking full information on livestock pricing. However, when USDA implemented the law, it adopted a policy known as the 3/60 rule which results in less information for farmers and ranchers than they had before.
"The 3/60 rule requires that USDA's Market News Service may not report prices for livestock in a region unless there are at least three buyers and none of them purchases more than 60% of the livestock bought in open market trading," said Michael Stumo, general counsel of OCM. "This rule never existed in the previous voluntary price reporting system. The perverse
result is that the USDA imposes a black-out on price information in areas where little packer competition exists and the need for farmers and ranchers to have full information is greatest."
"The 3/60 rule was a back room deal between USDA and meat packers after the dust settled on the Mandatory Price Reporting legislation," stated Fred Stokes, president of OCM. "It shows that the USDA is more interested in
protecting meat packers than farmers. It also shows that the USDA is not interested in open, transparent and competitive markets with full information to inform decision making."
OCM's latest comments on the 3/60 debacle came after the NCBA distributed a May 7, 2001 press release defending the 3/60 rule and its protection of confidentiality for meat packers. "The members of NCBA passed a resolution at their last annual meeting calling for the organization to work diligently to eliminate that provision," said Keith Mudd, vice president of OCM. "I am astounded that NCBA is so blatantly disregarding that directive and revealing its bias against producers and for the meat packing industry."
Full text copies of the NCBA member resolution and the May 7 NCBA press release are set forth below.
The Organization for Competitive Markets is a multidisciplinary, nonprofit group of farmers, ranchers, academics, attorneys, business persons and policy makers dedicated to reclaiming the agricultural marketplace for independent farmers, ranchers and rural communities.
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NCBA Member Resolution
3/60 provision
Passed at 2001 NCBA Annual Meeting by membership
WHEREAS, the inclusion of the "3/60" provision for maintaining
confidentiality regarding the identity of buyers and sellers upon
dissemination of price and volume data collected under authority of the
Livestock Mandatory Reporting Act of 1999 has the potential to greatly
reduce the timeliness and usefulness of the published date for cattle
producers and all other users of the data, and
WHEREAS, there is general agreement in the cattle industry that USDA's
Agricultural Marketing Service is both competent to and capable of
protecting the identity of buyers and sellers without being bound by this
provision.
THEREFORE BE IT RESOLVED, that NCBA work diligently through the proper
channels to remove this provision from the law in an effort to provide more
timely and useful price and volume information for cattle producers and all
other users of the data.
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National Cattleman's Beef Association
Press Release
Contact: Carole T. duBois (202) 347-0228
[email protected]
Walt Barnhart (303)-850-3360
[email protected]
National Cattlemen's Beef Association
Regarding Mandatory Price Reporting Progress
May 7, 2001
The National Cattlemen's Beef Association (NCBA) continues to work with USDA
to improve the mandatory price reporting process in a manner that will
provide producers accurate and timely information. Mandatory price
reporting went into effect April 2, for packers who process 125,000 head of
cattle annually. The reports are available on the Internet at
www.ams.usda.gov/lsg/mpr/MPRreport.htm
During the first month of reporting, producers in some of the five reporting
regions have expressed concerns that they are receiving less information
than was available under the old voluntary system. The "3/60" provision,
allowing release of information only when at least three packers trade and
no packer supplies 60 percent or more of the market, is often faulted for
this decrease in information. The "3/60" provision is not unique to USDA
mandatory price reporting for livestock and meats. It follows similar
guidelines used by the Department of Labor, the Department of Education, the
Department of Health and Human Services and USDA's Economic Research Service
and National Agricultural Statistics Service.
The "3/60" provision is intended to protect the confidentiality of private
business information and to prevent collusion. By using the "3/60"
provision, USDA avoids a situation where a reporting party could gain a
market advantage by subtracting its information from the aggregated report
and thereby determine prices paid by the competition.
USDA is evaluating data from regions where release of information is
restricted due to the "3/60" provision. One of the options under study is
to reconfigure those regions with other areas so the information can be
released on a regular basis. Before that can be done, USDA must determine
the best way to reconfigure a region so the price reporting data still has
meaning to producers. USDA is also evaluating systems other than the "3/60"
provision that would allow more information to be released while still
protecting confidential information.
Some producers in other areas have complained that daily trade data is not
available. While mandatory price reporting legislation requires daily
morning and afternoon reports to be released, that doesn't mean that there
will always be trade to report. Randy Blach, executive vice president of
Cattle-Fax, points out that the great majority of cattle still trade in a
fairly narrow window -- one or two days a week. Any reporting system
whether mandatory or voluntary can only report trade as it occurs.
Mandatory price reporting did not change the way livestock is traded, it
only defines the transactions that are required to be reported once that
trade occurs.
"The new system is providing much of the information that it was designed to
provide," says NCBA Chief Economist Chuck Lambert. "However, there is still
work to do to increase availability and timeliness of information and NCBA
is committed to working to improve the process.
"We are getting commitment and delivery reports for cash, formula and
contracted cattle. We are also getting prices for formula and contract
transactions and price ranges that reflect the value differences for various
qualities of cattle. And we are getting much more complete information on
boxed beef."
"None of this information was available, or in the case of boxed beef it was
very incomplete, under the voluntary system. Generally, we are getting good
cash cattle prices for the 5-region report, and we will continue to work
with USDA to improve availability and timeliness of regional reports."
NCBA is monitoring the continued development and improvement of the price
reporting system. Once USDA has made all the improvements it can,
technically and from a regulatory standpoint, NCBA will work to pass a
legislative technical corrections package if additional changes are needed.
That package will give USDA further authority to implement the needed
changes to make sure the system provides the most complete, accurate and
timely market information possible.
The Organization for Competitive Markets
P.O. Box 6486
Lincoln, NE 68506
Tel: 662-476-5568
E-mail:
[email protected]