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 that period until the pricing formulas are imple- mented. The Secretary may not reduce the level of services provided under that section on account of the prohibition against assessments, but shall rather cover the cost of marketing order administration and serv- ices through funds available for the Agricultural Mar- keting Service of the Department. ‘‘(f) IMPLEMENTATION OF REQUIREMENT.—The imple- mentation of the final decision on new Class III and Class IV milk pricing formulas shall not be subject to congressional review under chapter 8 of title 5, United States Code.’’ § 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 re- quirement 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 adjust- ment (a) Maximum allowances established No State shall provide for a manufacturing al- lowance 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 al- lowance’’ means— (1) the amount by which the product price value of butter and nonfat dry milk manufac- tured from a hundred pounds of milk con- taining 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 but- terfat and 8.7 pounds of milk solids not fat re- sulting from a State’s yield and product price formulas exceeds the class price for the milk used to produce cheese. (c) Effect of violation If the Secretary determines following a hear- ing that a State has in effect a manufacturing allowance that exceeds the manufacturing al- lowance authorized in subsection (a), the Sec- retary shall suspend purchases of cheddar cheese, butter, and nonfat dry milk produced in that State until such time as the State complies with such subsection. (d) Effective date; implementation This section (other than subsection (e) 1) shall be effective during the period beginning on the first day of the first month beginning after April 4, 1996, and ending on December 31, 1999. During that period, the Secretary may exercise the au- thority provided to the Secretary under this sec- tion without regard to the issuance of regula- tions intended to carry out this section. (Pub. L. 104–127, title I, § 145, Apr. 4, 1996, 110 Stat. 917.) Editorial Notes CODIFICATION Section is comprised of section 145 of Pub. L. 104–127. Subsec. (e) of section 145 of Pub. L. 104–127 repealed sec- tion 1446e–1 of this title and enacted provisions set out as a note under section 1446e–1 of this title. § 7256. Northeast Interstate Dairy Compact Congress hereby consents to the Northeast Interstate Dairy Compact entered into among the States of Connecticut, Maine, Massachu- setts, New Hampshire, Rhode Island and Vermont as specified in section 1(b) Senate 1 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 re- gion, 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 Page 1986 TITLE 7—AGRICULTURE § 7257 2 See References in Text note below. purposes or any other milk, other than Class I (fluid) milk, as defined by a Federal milk mar- keting order issued under section 608c of this title. (3) Duration Consent for the Northeast Interstate Dairy Compact shall terminate on September 30, 2001. (4) Additional States Delaware, New Jersey, New York, Pennsyl- vania, Maryland, and Virginia are the only ad- ditional States that may join the Northeast Interstate Dairy Compact, individually or oth- erwise, if upon entry the State is contiguous to a participating State and if Congress con- sents to the entry of the State into the Com- pact after April 4, 1996. (5) Compensation of Commodity Credit Cor- poration Before the end of each fiscal year that a Compact price regulation is in effect, the Northeast Interstate Dairy Compact Commis- sion 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 Adminis- trator of the applicable Federal milk mar- keting order issued under section 608c(5) 2 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 Fed- eral milk marketing orders with respect to the sharing of proceeds from sales within the Com- pact 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 Com- pact over-order price, in itself, shall not be considered a compensatory payment or a limi- tation or prohibition on the marketing of milk. (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.) Editorial Notes REFERENCES IN TEXT Section 608c(5) of this title, referred to in par. (6), was in the original ‘‘section 8(c)5 of the Agricultural Ad- justment Act (7 U.S.C. 608c), reenacted with amend- ments by the Agricultural Marketing Agreement Act of 1937,’’ which was translated as meaning section 8c(5) of the Agricultural Adjustment Act, to reflect the prob- able intent of Congress. AMENDMENTS 1999—Par. (3). Pub. L. 106–113 substituted ‘‘on Sep- tember 30, 2001.’’ for ‘‘concurrent with the Secretary’s implementation of the dairy pricing and Federal milk marketing order consolidation and reforms under sec- tion 7253 of this title.’’ § 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, pro- vide such advice and assistance to the United States dairy industry as may be necessary to en- able that industry to establish and maintain one or more export trading companies under the Ex- port Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the inter- national market development for and expor- tation of dairy products produced in the United States. (Pub. L. 104–127, title I, § 149, Apr. 4, 1996, 110 Stat. 921.) Editorial Notes REFERENCES IN TEXT The Export Trading Company Act of 1982, referred to in text, is title I of Pub. L. 97–290, Oct. 8, 1982, 96 Stat. 1233, which is classified generally to subchapter I (§ 4001 et seq.) of chapter 66 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 15 and Tables. § 7258. Standby authority to indicate entity best suited to provide international market devel- opment and export services (a) Indication of entity best suited to assist inter- national market development for and export of United States dairy products The Secretary of Agriculture shall indicate which entity or entities autonomous of the Gov- ernment of the United States, which seeks such a designation, is best suited to facilitate the international market development for and ex- portation 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 facili- tating 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 pre- ceding July 1, 1998 does not exceed the quan- tity of exports of United States dairy products