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Proposed US Captive Supply Reform Act

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    Proposed US Captive Supply Reform Act

    PACKERS MANIPULATE THE BEEF MARKET – by Dan Teigen

    In mid-February, a jury put a price – $1.28 billion – on the amount Tyson/IBP swindled from ranchers between 1994 and 2002 through a specific form of market manipulation. That accounts for the illegal use of captive supplies – in this case, livestock the packers own or control through contracts with feedlots – by just one of the big three packers in the cash market over just eight years.

    Some analysts estimate the packer monopoly's use of captive supplies costs farmers and ranchers $1.4 billion a year, which explains why so many ranchers are going out of business during a time of strong consumer demand for beef.

    The big three meat packers – Tyson/IBP, Cargill, and ConAgra – control 80 percent of the cattle that end up as steaks on American dinner tables. The packer monopoly uses its concentrated power to manipulate markets through the use of captive supplies – livestock that are tied to one packer and are therefore not subject to normal supply and demand market forces.

    Over the last three decades, the packer monopoly's increased use of captive supplies has corresponded with an increase in market concentration and a decrease in the rancher's share of each dollar spent by consumers on beef:

    · In 1975, ranchers like our family were rewarded for our hard work and quality product with 65 cents of every retail beef dollar. Back then, four meatpacking companies slaughtered less than 40 percent of U.S. cattle. Less than 20 percent of those cattle were acquired through the use of captive supplies.

    · Today, the packer monopoly includes just three firms that together slaughter 80 percent of fed cattle. Half of these cattle are acquired through captive supplies. The rancher's share of the beef dollar, meanwhile, has dropped to just 40 or 45 cents – down 25 percent since 1975.

    In Pickett v. Tyson/IBP, the jury confirmed what the Northern Plains Resource Council and Western Organization of Resource Councils have been saying for years: Tyson/IBP and other packers use captive supplies to depress prices paid to ranchers in violation of the Packers and Stockyards Act of 1921. In this case, they depressed prices to the tune of $1.28 billion.

    The Captive Supply Reform Act – sponsored by Sen. Mike Enzi (R-Wyo.) and Rep. Earl Pomeroy (D-N.D.) – would restore competition to the livestock industry by preventing the non-competitive, unfair use of captive supplies and requiring an open and public bidding process for cattle and hogs.

    Specifically, the bill would:

    1. Require a fixed base price in contract and marketing agreements; and

    2. Require that contracts be traded in open, public markets.

    The bill would not prevent the use of forward contracts – an important means of coordinating supply and reducing risk for the meat packers. Rather, it would simply require such contacts to be traded in open, public markets to which all buyers and sellers have access. We need meat packers as much as we need cattle ranchers. We just need packers to play fair.

    Passage of the Captive Supply Reform Act would reduce market manipulation, restore market competition, and enable our markets to do what they do best – establish fair prices between buyers and sellers. This would in turn help keep ranchers on the land and bolster state economies.

    --

    #2
    I don't really understand why you would post something like this SASH. Since you see nothing wrong with what the packers have done in Canada for the last 2 years. Why would we need to change anyththing. Or are you simply searching for a scrap? Have some misguided soul like myself say one word about packer ownership, and then let fly with your wealth of knowledge.

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      #3
      Something like this has a chance to helping a little, better than a law mandating packers can only own 10 percent of the calves, which is unenforcable.

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        #4
        SASh - ypu're a little behind, that jury desission was thrown out after an appeal by a Judge. Guess whos paying his wage.

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          #5
          I really doubt this proposed bill will ever fly? The safeguards in place in the US are better than the ones we have in Canada? And if anyone thinks Cargill/Tyson don't own some feedlots on the quiet, then you really need to get out more and talk to a few feedlot owners!
          I find it kind of ironic that cattlemen on both sides of the border are condemning "captive supplies" when in fact they are the very people entering into the "capturing"! I believe that is the reason Picket vs. IBP got heaved out of the courtroom? The people suing IBP were in fact entering into contracts with IBP on their own free will?...lets see...you sign a contract with a man and then you take him to court because you think he screwed you by capturing your cattle? Does this sound a little absurb? Or am I missing something here?

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            #6
            You know forward contracting cattle constitutes captive cattle, but the process is a sound business practice. I suggest banning captive cattle is a bandaid to the real problem that is inadequate competition among a few packers. If we had real competitive packer bids, captive supply would be a nonissue.

            Now I also suggest a hostile exchange of cattle is inapropriate at the fed level. By hostile, I mean where the buyer and seller have mutually exclusive interests. I now market cattle through USPB, and cooperation between grower and processor really adds value to a pen of cattle.

            I've said this too many times already: producers should expand into processing.

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              #7
              oxbow: What is USPB and how does that work? Sorry I'm not up on all this stuff.

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