12 2 STA T . 211 9PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 orswinep ro duct ion contr a ct g rower during t h e ter m o f the pou l tr y growing arrangement or swine production contract .‘ ‘ (2)AP P LICAT I ON . —P aragraph ( 1 ) shall apply to any poultry growing arrangement or swine production contract entered into , amended, altered, modified, renewed, or e x tended after the date of the enactment of this section. ‘ ‘ SEC.209 .C HOI CEO FLAW A NDV EN U E. ‘‘(a) L OCATION O FF O RUM .— T he forum for resol v ing any dispute among the parties to a poultry growing arrangement or swine production or mar k eting contract that arises out of the arrangement or contract shall b e located in the Federal j udicial district in which the principle part of the performance takes place under the arrange - ment or contract. ‘‘(b) CH OIC E OF LA W .—A poultry growing arrangement or swine production or marketing contract may specify which S tate ’ s law is to apply to issues governed by State law in any dispute arising out of the arrangement or contract, except to the extent that doing so is prohibited by the law of the State in which the principal part of the performance takes place under the arrangement or contract. ‘‘SEC. 2 1 0.A RB I T RATION. ‘‘(a) I N G ENERAL.—Any livestock or poultry contract that con- tains a provision re q uiring the use of arbitration to resolve any controversy that may arise under the contract shall contain a provi- sion that allows a producer or grower, prior to entering the contract to decline to be bound by the arbitration provision. ‘‘(b) D I S CLOSURE.—Any livestock or poultry contract that con- tains a provision requiring the use of arbitration shall contain terms that conspicuously disclose the right of the contract producer or grower, prior to entering the contract, to decline the requirement to use arbitration to resolve any controversy that may arise under the livestock or poultry contract. ‘‘(c) DISPUTE R ESOLUTION.—Any contract producer or grower that declines a requirement of arbitration pursuant to subsection (b) has the right, to nonetheless seek to resolve any controversy that may arise under the livestock or poultry contract, if, after the controversy arises, both parties consent in writing to use arbitration to settle the controversy. ‘‘(d) APPLICATION.—Subsections (a) (b) and (c) shall apply to any contract entered into, amended, altered, modified, renewed, or extended after the date of the enactment of the Food, Conserva- tion, and E nergy Act of 2 0 0 8 . ‘‘(e) U NLAWFUL PRACTICE.—Any action by or on behalf of a packer, swine contractor, or live poultry dealer that violates this section (including any action that has the intent or effect of limiting the ability of a producer or grower to freely make a choice described in subsection (b)) is an unlawful practice under this Act. ‘‘(f) RE G ULATIONS.—The Secretary shall promulgate regulations to— ‘‘(1) carry out this section
and ‘‘(2) establish criteria that the Secretary will consider in determining whether the arbitration process provided in a con- tract provides a meaningful opportunity for the grower or pro- ducer to participate fully in the arbitration process.’’. 7USC19 7 c. 7 USC 197 b .
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