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

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

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

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Stable record: federal_law:legal_authorities:record_usc_f0c5ff8a92bb20de563a4cdd
Source file: Laws/federal/codes/united-states-code/title-7/section-7253-consolidation-and-reform-of-federal-milk-marketing-orders--734c8eb3d7.md
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Source location: Title 7, Chapter 100, § 7253; chapter-100-agricultural-market-transition.md

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**(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 consolidation of Federal milk marketing orders and related reforms under subsection (a), the Secretary shall use the notice and comment procedures provided in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). (2) **Time limitations** (A) *Proposed amendments* — The Secretary shall announce the proposed amendments to be made under subsection (a) not later than 2 years after April 4, 1996. (B) *Final amendments* — The Secretary shall implement the amendments not later than 3 years after April 4, 1996. (3) **Effect of court order** — The actions authorized by this subsection are intended to ensure the timely publication and implementation of new and amended Federal milk marketing orders. In the event that the Secretary is enjoined or otherwise restrained by a court order from publishing or implementing the consolidation and related reforms under subsection (a), the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in paragraph (2) thereby extending those time limitations by a period of time equal to the period of time for which the injunction or other restraining order is effective. **(c) Failure to timely consolidate orders** If the Secretary fails to implement the consolidation required under subsection (a)(1) within the time period required under subsection (b)(2)(B) (plus any additional period provided under subsection (b)(3)), the Secretary may not assess or collect assessments from milk producers or handlers under such [section 608c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim) for marketing order administration and services provided under such section after the end of that period until the consolidation is completed. The Secretary may not reduce the level of services provided under the section on account of the prohibition against assessments, but shall rather cover the cost of marketing order administration and services through funds available for the Agricultural Marketing Service of the Department. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section608c&num=0&edition=prelim) 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** — Any limitation imposed by Act of Congress on the conduct or completion of reports to Congress shall not apply to the report required under this section, unless the limitation specifically refers to this section.

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 608c

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

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7256

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

7 U.S.C. § 9071 — Administration and enforcement

**(a) In general** The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out dairy margin coverage. **(b) Reconstitution** The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving dairy margin coverage payments. **(c) Administrative appeals** Using authorities under [section 1308(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/h&num=0&edition=prelim) and subtitle H of the Department of Agriculture Reorganization Act ([7 U.S.C. 6991](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6991&num=0&edition=prelim) et seq.), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of dairy margin coverage.

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

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

Page 1983 TITLE 7—AGRICULTURE § 7253 204(h)(2) of the Agricultural Act of 1949 (7 U.S.C. 1446e(h)(2)), as in effect on the day be- fore the amendment made by subsection (g), in the price of milk received by a producer dur- ing calendar year 1995 or 1996, if the producer provides evidence that the producer did not in- crease marketings in calendar year 1995 or 1996 when compared to calendar year 1994 or 1995, respectively. (2) Exception This subsection shall not apply with respect to a producer for a particular calendar year if the producer has already received a refund under section 204(h) of the Agricultural Act of 1949 for the same fiscal year before the effec- tive date of this section. (3) Treatment of refund A refund under this subsection shall not be considered as any type of price support or pay- ment for purposes of sections 3811 and 3821 of title 16. (f) Commodity Credit Corporation The Secretary shall carry out the program au- thorized by this section through the Commodity Credit Corporation. (g) Omitted (h) Period of effectiveness This section (other than subsection (g)) shall be effective only during the period beginning on the first day of the first month beginning after April 4, 1996, and ending on May 31, 2002. The program authorized by this section shall termi- nate on May 31, 2002, and shall be considered to have expired notwithstanding section 907 of title 2. (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.) Editorial Notes REFERENCES IN TEXT Section 204 of the Agricultural Act of 194

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