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7 U.S.C. § 8782 — Repealed. Pub. L. 113–79, title I, § 1422(b)(1), Feb. 7, 2014, 128 Stat. 695

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8782 — Repealed. Pub. L. 113–79, title I, § 1422(b)(1), Feb. 7, 2014, 128 Stat. 695

### Statutory Notes Pub. L. 110–234, title I, § 1506, May 22, 2008, 122 Stat. 994; Pub. L. 110–246, § 4(a), title I, § 1506, June 18, 2008, 122 Stat. 1664, 1723; Pub. L. 112–240, title VII, § 701(b)(2)(B), Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title I, § 1422(a), Feb. 7, 2014, 128 Stat. 694, related to the milk income loss contract program. #### Effective Date of Repeal Pub. L. 113–79, title I, § 1422(b), Feb. 7, 2014, 128 Stat. 695, provided that: “(1) Repeal.—Effective on the termination date, section 1506 of the Food, Conservation, and Energy Act of 2008 ([7 U.S.C. 8773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8773&num=0&edition=prelim)) is repealed. “(2) Termination date defined.—In paragraph (1), the term ‘termination date’ means the earlier of the following:“(A) The date on which the Secretary [of Agriculture] certifies to Congress that the margin protection program required by section 1403 [[7 U.S.C. 9053](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9053&num=0&edition=prelim)] is operational. “(B) September 1, 2014.”

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Source location: Title 7, Chapter 113, § 8782; chapter-113-agricultural-commodity-support-programs.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8773 — Repealed. Pub. L. 113–79, title I, § 1421, Feb. 7, 2014, 128 Stat. 694

### Statutory Notes Section, Pub. L. 110–234, title I, § 1501, May 22, 2008, 122 Stat. 990; Pub. L. 110–246, § 4(a), title I, § 1501, June 18, 2008, 122 Stat. 1664, 1718, related to the dairy product price support program.

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7 U.S.C. § 9053 — Calculation of average feed cost and actual dairy production margins

**(a) Calculation of average feed cost** The Secretary shall calculate the national average feed cost for each month using the following data: (1) The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary. (2) The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary. (3) The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary. **(b) Calculation of actual dairy production margin** (1) **In general** — For use in dairy margin coverage, the Secretary shall calculate the actual dairy production margin for each month by subtracting— (A) the average feed cost for that month, determined in accordance with subsection (a); from (B) the all-milk price for that month. (2) **Time for calculation** — The calculation required by this subsection shall be made as soon as practicable using the full-month price of the applicable reference month.

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7 U.S.C. § 8711 — Definition of Secretary

In this Act, the term “Secretary” means the Secretary of Agriculture.

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7 U.S.C. § 8773 — Untitled legal text

Page 2243 TITLE 7—AGRICULTURE § 8781 1 So in original. Probably should be ‘‘its’’. (c) Milk covered by program (1) Covered milk The program shall apply only with respect to the marketing of federally regulated milk that— (A) is not classified as Class I milk or oth- erwise intended for fluid use; and (B) is in the current of interstate or for- eign commerce or directly burdens, ob- structs, or affects interstate or foreign com- merce in federally regulated milk. (2) Relation to Class I milk To assist milk handlers in complying with paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allo- cate milk receipts from producers, coopera- tives, and other sources that are not subject to a forward contract to satisfy the obligations of the handler with regard to Class I milk usage. (d) Voluntary program (1) In general A milk handler may not require participa- tion in a forward pricing contract as a condi- tion of the handler receiving milk from a pro- ducer or cooperative association of producers. (2) Pricing A producer or cooperative association de- scribed in paragraph (1) may continue to have their 1 milk priced in accordance with the min- imum payment provisions of the Federal milk marketing order. (3) Complaints (A) In general The Secretary shall investigate com- plaints made by producers or cooperative as- sociations of coercion by handlers to enter into forward contracts. (B) Action If the Secretary finds evidence of coercion, the Secretary shall take appropriate action. (e) Duration (1) New contracts No forward price contract may be entered into under the program established under this section after September 30, 2023. (2) Application No forward contrac

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8782 — Suspension of permanent price support

Page 2244 TITLE 7—AGRICULTURE § 8782 authorities of the Commodity Credit Corpora- tion to carry out this chapter. (b) Determinations by Secretary A determination made by the Secretary under this chapter shall be final and conclusive. (c) Regulations (1) In general Except as otherwise provided in this sub- section, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appro- priate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter. (2) Procedure The promulgation of the regulations and ad- ministration of this chapter and the amend- ments made by this chapter shall be made without regard to— (A) chapter 35 of title 44 (commonly known as the ‘‘Paperwork Reduction Act’’); (B) the Statement of Policy of the Sec- retary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participa- tion in rulemaking; and (C) the notice and comment provisions of section 553 of title 5. (3) Congressional review of agency rulemaking In carrying out this subsection, the Sec- retary shall use the authority provided under section 808 of title 5. (4) Interim regulations Notwithstanding paragraphs (1) and (2), the Secretary shall implement the amendments made by sections 1603 and 1604 for the 2009 crop, fiscal, or program year, as appropriate, through the promulgation of an interim rule. (d) Adjustment authority related to trade agree- ments compliance (1) Required determination; adjustment If the Secretary determines that expendi- tures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as de- fined in sect

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7 U.S.C. § 9053 — Dairy margin coverage

Page 2283 TITLE 7—AGRICULTURE § 9053 Islands of the United States, and any other territory or possession of the United States. (Pub. L. 113–79, title I, § 1401, Feb. 7, 2014, 128 Stat. 688; Pub. L. 115–123, div. F, § 60101(b)(1)(A), Feb. 9, 2018, 132 Stat. 311; Pub. L. 115–334, title I, §§ 1401(k)(2), 1404(b)(2), Dec. 20, 2018, 132 Stat. 4516, 4521.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334, § 1404(b)(2), struck out ‘‘and part B’’ after ‘‘this part’’ in introductory provisions. Par. (4). Pub. L. 115–123 redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text read as follows: ‘‘The term ‘consecutive 2-month period’ refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or No- vember and December, respectively.’’ Pars. (5), (6). Pub. L. 115–334, § 1401(k)(2)(A), added pars. (5) and (6) and struck out former pars. (5) and (6) which defined the terms ‘‘margin protection program’’ and ‘‘margin protection program payment’’, respec- tively. Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) re- designated (4). Pars. (7), (8). Pub. L. 115–334, § 1401(k)(2)(B), sub- stituted ‘‘dairy margin coverage’’ for ‘‘the margin pro- tection program’’. Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) re- designated (6). Pars. (9) to (11). Pub. L. 115–123, § 60101(b)(1)(A)(ii), re- designated pars. (10) and (11) as (9) and (10), respec- tively. Former par. (9) redesignated (8). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132

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