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ARTICLE · 20 JULY 2011

CFTC Issues Final Rules Regarding Agricultural Commodity Definition And Large Trader Reporting For Physical Commodity Swaps

The Commodity Futures Trading Commission has approved final rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act regarding an "agricultural commodity" definition and large trader reporting for physical commodity swaps.

United StatesFinance and Banking
M. Holland West
M. Holland West
Melanie Keene
Melanie Keene

The Commodity Futures Trading Commission ("CFTC") on July 7, 2011 held a public meeting to consider several final rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"). The CFTC approved final regulations regarding (1) an "agricultural commodity" definition, and (2) large trader reporting for physical commodity swaps.

Agricultural Commodity Definition

The Dodd-Frank Act amended the Commodity Exchange Act as amended ("CEA") to (1) permit the CFTC to issue rules regarding transacting swaps in an "agricultural commodity," and (2) require the CFTC to issue rules establishing speculative position limits for contracts involving an agricultural commodity. As neither Congress nor the CFTC had previously defined the term agricultural commodity, this rulemaking provides such a definition, which is necessary for the CFTC to fulfill its Dodd-Frank Act mandates.

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