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7 U.S.C. § 7256 — Northeast Interstate Dairy Compact

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

7 U.S.C. § 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 11 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** — Based upon a finding by the Secretary of a compelling public interest in the Compact region, the Secretary may grant the States that have ratified the Northeast Interstate Dairy Compact, as of April 4, 1996, the authority to implement the Northeast Interstate Dairy Compact. (2) **Limitation on manufacturing price** — The Northeast Interstate Dairy Compact Commission shall not regulate Class II, Class III, or Class III–A milk used for manufacturing purposes or any other milk, other than Class I (fluid) milk, as defined by a Federal milk marketing order issued under [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim). (3) **Duration** — Consent for the Northeast Interstate Dairy Compact shall terminate on September 30, 2001. (4) **Additional States** — Delaware, New Jersey, New York, Pennsylvania, Maryland, and Virginia are the only additional States that may join the Northeast Interstate Dairy Compact, individually or otherwise, if upon entry the State is contiguous to a participating State and if Congress consents to the entry of the State into the Compact after April 4, 1996. (5) **Compensation of Commodity Credit Corporation** — Before the end of each fiscal year that a Compact price regulation is in effect, the Northeast Interstate Dairy Compact Commission

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Stable record: federal_law:legal_authorities:record_usc_a28b0c33cb4d11d16610c68a
Source file: Laws/federal/codes/united-states-code/title-7/section-7256-northeast-interstate-dairy-compact--8f0f577797.md
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Source location: Title 7, Chapter 100, § 7256; chapter-100-agricultural-market-transition.md

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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 11 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** — Based upon a finding by the Secretary of a compelling public interest in the Compact region, the Secretary may grant the States that have ratified the Northeast Interstate Dairy Compact, as of April 4, 1996, the authority to implement the Northeast Interstate Dairy Compact. (2) **Limitation on manufacturing price** — The Northeast Interstate Dairy Compact Commission shall not regulate Class II, Class III, or Class III–A milk used for manufacturing purposes or any other milk, other than Class I (fluid) milk, as defined by a Federal milk marketing order issued under [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim). (3) **Duration** — Consent for the Northeast Interstate Dairy Compact shall terminate on September 30, 2001. (4) **Additional States** — Delaware, New Jersey, New York, Pennsylvania, Maryland, and Virginia are the only additional States that may join the Northeast Interstate Dairy Compact, individually or otherwise, if upon entry the State is contiguous to a participating State and if Congress consents to the entry of the State into the Compact after April 4, 1996. (5) **Compensation of Commodity Credit Corporation** — Before the end of each fiscal year that a Compact price regulation is in effect, the Northeast Interstate Dairy Compact Commission shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation that result from the projected rate of increase in milk production for the fiscal year within the Compact region in excess of the projected national average rate of the increase in milk production, as determined by the Secretary. (6) **Milk marketing order Administrator** — At the request of the Northeast Interstate Dairy Compact Commission, the Administrator of the applicable Federal milk marketing order issued under section 608c(5) 22 See References in Text note below. of this title shall provide technical assistance to the Compact Commission and be compensated for that assistance. (7) **Further conditions** — The Northeast Interstate Dairy Compact Commission shall not prohibit or in any way limit the marketing in the Compact region of any milk or milk product produced in any other production area in the United States. The Compact Commission shall respect and abide by the ongoing procedures between Federal milk marketing orders with respect to the sharing of proceeds from sales within the Compact region of bulk milk, packaged milk, or producer milk originating from outside of the Compact region. The Compact Commission shall not use compensatory payments under section 10(6) of the Compact as a barrier to the entry of milk into the Compact region or for any other purpose. Establishment of a Compact over-order price, in itself, shall not be considered a compensatory payment or a limitation or prohibition on the marketing of milk.

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

7 U.S.C. § 608c — Orders

(1) **Issuance by Secretary** — The Secretary of Agriculture shall, subject to the provisions of this section, issue, and from time to time amend, orders applicable to processors, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof specified in subsection (2) of this section. Such persons are referred to in this chapter as “handlers”. Such orders shall regulate, in the manner hereinafter in this section provided, only such handling of such agricultural commodity, or product thereof, as is in the current of interstate or foreign commerce, or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations. (2) **Commodities to which applicable** — Orders issued pursuant to this section shall be applicable only to (A) the following agricultural commodities and the products thereof (except canned or frozen pea

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

7 U.S.C. § 7253 — Consolidation and reform of Federal milk marketing orders

**(a) Amendment of orders** (1) **Required consolidation** — The Secretary shall amend Federal milk marketing orders issued under [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim) to limit the number of Federal milk marketing orders to not less than 10 and not more than 14 orders. (2) **Inclusion of California as separate order** — Upon the petition and approval of California dairy producers in the manner provided in [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim), the Secretary shall designate the State of California as a separate Federal milk marketing order. The order covering California shall have the right to reblend and distribute order receipts to recognize quota value. Subsection (b) does not apply to the authority of the Secretary under this subsection. (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** — In implementing the consolidation of Federal milk marketing orders and related reforms under this subsection, the Secretary may not consider, or base any decision on, the table contained in [section 608c(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c/5/A&num=0&edition=prelim). **(b) Expedited process** (1) **Use of informal rulemaking** — To implement the con

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

7 U.S.C. § 7256 — Northeast Interstate Dairy Compact

Page 1985 TITLE 7—AGRICULTURE § 7256 1 See Codification note below. 1 So in original. Probably should be preceded by ‘‘of’’. Federal Register on September 1, 1999 (64 Fed. Reg. 47897–48021). ‘‘(c) TIME PERIOD FOR RULEMAKING.—On December 1, 2000, the Secretary of Agriculture shall publish in the Federal Register a final decision on the Class III and Class IV milk pricing formulas. The resulting formulas shall take effect, and be implemented by the Secretary, on January 1, 2001. ‘‘(d) EFFECT OF COURT ORDER.—The actions author- ized by subsections (b) and (c) are intended to ensure the timely publication and implementation of new pric- ing formulas for Class III and Class IV milk. In the event that the Secretary of Agriculture is enjoined or otherwise restrained by a court order from imple- menting a final decision within the time period speci- fied in subsection (c), the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in subsection (c) thereby extending those time limitations by a pe- riod of time equal to the period of time for which the injunction or other restraining order is effective. ‘‘(e) FAILURE TO TIMELY COMPLETE RULEMAKING.—If the Secretary of Agriculture fails to implement new Class III and Class IV milk pricing formulas within the time period required under subsection (c) (plus any ad- ditional period provided under subsection (d)), the Sec- retary may not assess or collect assessments from milk producers or handlers under section 8c of the Agricul- tural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, for marketing order administration and services provided under such section after the end of

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