Collapse to view only § 7253. Consolidation and reform of Federal milk marketing orders
- § 7251. Milk price support program
- § 7252. Repealed.
- § 7253. Consolidation and reform of Federal milk marketing orders
- § 7254. Effect on fluid milk standards in State of California
- § 7255. Milk manufacturing marketing adjustment
- § 7256. Northeast Interstate Dairy Compact
- § 7257. Authority to assist in establishment and maintenance of one or more export trading companies
- § 7258. Standby authority to indicate entity best suited to provide international market development and export services
- § 7259. Study and report regarding potential impact of Uruguay Round on prices, income, and government purchases
§ 7251. Milk price support program
(a) Support activities
(b) Rate
The price of milk shall be supported at the following rates per hundredweight for milk containing 3.67 percent butterfat:
(1) During calendar year 1996, $10.35.
(2) During calendar year 1997, $10.20.
(3) During calendar year 1998, $10.05.
(4) During each of calendar years 1999 through 2001, $9.90.
(5) During the period beginning on January 1, 2002, and ending on May 31, 2002, $9.90.
(c) Purchase prices
(d) Special rule for butter and nonfat dry milk purchase prices
(1) Allocation of purchase prices
(2) Timing of purchase price adjustments
(e) Refunds of 1995 and 1996 assessments
(1) Refund required
(2) Exception
(3) Treatment of refund
(f) Commodity Credit Corporation
(g) Omitted
(h) Period of effectiveness
(Pub. L. 104–127, title I, § 141, Apr. 4, 1996, 110 Stat. 914; Pub. L. 106–78, title VIII, § 807(a), Oct. 22, 1999, 113 Stat. 1181; Pub. L. 106–387, § 1(a) [title VII, § 742(a)], Oct. 28, 2000, 114 Stat. 1549, 1549A–35; Pub. L. 107–76, title VII, § 772(a), Nov. 28, 2001, 115 Stat. 745.)
§ 7252. Repealed. Pub. L. 107–76, title VII, § 772(b), Nov. 28, 2001, 115 Stat. 745
§ 7253. Consolidation and reform of Federal milk marketing orders
(a) Amendment of orders
(1) Required consolidation
(2) Inclusion of California as separate order
(3) Related issues addressed in consolidation
Among the issues the Secretary is authorized to implement as part of the consolidation of Federal milk marketing orders are the following:
(A) The use of utilization rates and multiple basing points for the pricing of fluid milk.
(B) The use of uniform multiple component pricing when developing 1 or more basic formula prices for manufacturing milk.
(4) Effect of existing law
(b) Expedited process
(1) Use of informal rulemaking
(2) Time limitations
(A) Proposed amendments
(B) Final amendments
(3) Effect of court order
(c) Failure to timely consolidate orders
(d) Report regarding further reforms
(1) Report required
Not later than April 1, 1997, the Secretary shall submit to Congress a report—
(A) reviewing the Federal milk marketing order system established pursuant to section 608c of this title in light of the reforms required by subsection (a);
(B) describing the efforts underway and the progress made in implementing the reforms required by subsection (a); and
(C) containing such recommendations as the Secretary considers appropriate for further improvements and reforms to the Federal milk marketing order system.
(2) Effect of other laws
(Pub. L. 104–127, title I, § 143, Apr. 4, 1996, 110 Stat. 915; Pub. L. 113–79, title I, § 1410(d), Feb. 7, 2014, 128 Stat. 693.)
§ 7254. Effect on fluid milk standards in State of California
Nothing in this Act or any other provision of law shall be construed to preempt, prohibit, or otherwise limit the authority of the State of California, directly or indirectly, to establish or continue to effect any law, regulation, or requirement regarding—
(1) the percentage of milk solids or solids not fat in fluid milk products sold at retail or marketed in the State of California; or
(2) the labeling of such fluid milk products with regard to milk solids or solids not fat.
(Pub. L. 104–127, title I, § 144, Apr. 4, 1996, 110 Stat. 917.)
§ 7255. Milk manufacturing marketing adjustment
(a) Maximum allowances established
No State shall provide for a manufacturing allowance for the processing of milk in excess of—
(1) $1.65 per hundredweight of milk for milk manufactured into butter and nonfat dry milk; and
(2) $1.80 per hundredweight of milk for milk manufactured into cheese.
(b) “Manufacturing allowance” defined
In this section, the term “manufacturing allowance” means—
(1) the amount by which the product price value of butter and nonfat dry milk manufactured from a hundred pounds of milk containing 3.5 pounds of butterfat and 8.7 pounds of milk solids not fat resulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce those products; or
(2) the amount by which the product price value of cheese manufactured from a hundred pounds of milk containing 3.5 pounds of butterfat and 8.7 pounds of milk solids not fat resulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce cheese.
(c) Effect of violation
(d) Effective date; implementation
(Pub. L. 104–127, title I, § 145, Apr. 4, 1996, 110 Stat. 917.)
§ 7256. Northeast Interstate Dairy Compact
Congress hereby consents to the Northeast Interstate Dairy Compact entered into among the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont as specified in section 1(b) Senate 1
1 So in original. Probably should be preceded by “of”.
Joint Resolution 28 of the 104th Congress, as placed on the calendar of the Senate, subject to the following conditions:(1) Finding of compelling public interest
(2) Limitation on manufacturing price
(3) Duration
(4) Additional States
(5) Compensation of Commodity Credit Corporation
(6) Milk marketing order Administrator
(7)
(Pub. L. 104–127, title I, § 147, Apr. 4, 1996, 110 Stat. 919; Pub. L. 106–113, div. B, § 1000(a)(8) [§ 4], Nov. 29, 1999, 113 Stat. 1536, 1501A–520.)
§ 7257. Authority to assist in establishment and maintenance of one or more export trading companies
The Secretary of Agriculture shall, consistent with the obligations of the United States as a member of the World Trade Organization, provide such advice and assistance to the United States dairy industry as may be necessary to enable that industry to establish and maintain one or more export trading companies under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for and exportation of dairy products produced in the United States.
(Pub. L. 104–127, title I, § 149, Apr. 4, 1996, 110 Stat. 921.)
§ 7258. Standby authority to indicate entity best suited to provide international market development and export services
(a) Indication of entity best suited to assist international market development for and export of United States dairy products
The Secretary of Agriculture shall indicate which entity or entities autonomous of the Government of the United States, which seeks such a designation, is best suited to facilitate the international market development for and exportation of United States dairy products, if the Secretary determines that—
(1) the United States dairy industry has not established an export trading company under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for an exportation of dairy products produced in the United States on or before June 30, 1997; or
(2) the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1998 does not exceed the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1997 by 1.5 billion pounds (milk equivalent, total solids basis).
(b) Funding of export activities
(c) Application of section
(Pub. L. 104–127, title I, § 150, Apr. 4, 1996, 110 Stat. 921.)
§ 7259. Study and report regarding potential impact of Uruguay Round on prices, income, and government purchases
(a) Study
(b) Report
(c) Rule of construction
(Pub. L. 104–127, title I, § 151, Apr. 4, 1996, 110 Stat. 922.)