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Title 7 — Agriculture

Part A · Chapter 100 — Agricultural Market Transition

§ 7251. Milk price support program

Statutory text

(a)

Support activities

The Secretary of Agriculture shall support the price of milk produced in the 48 contiguous States through the purchase of cheese, butter, and nonfat dry milk produced from the milk.

(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 , and ending on , $9.90.

(c)

Purchase prices

The support purchase prices under this section for each of the products of milk (butter, cheese, and nonfat dry milk) announced by the Secretary shall be the same for all of that product sold by persons offering to sell the product to the Secretary. The purchase prices shall be sufficient to enable plants of average efficiency to pay producers, on average, a price that is not less than the rate of price support for milk in effect under subsection (b).

(d)

Special rule for butter and nonfat dry milk purchase prices

(1)

Allocation of purchase prices

The Secretary may allocate the rate of price support between the purchase prices for nonfat dry milk and butter in a manner that will result in the lowest level of expenditures by the Commodity Credit Corporation or achieve such other objectives as the Secretary considers appropriate. Not later than 10 days after making or changing an allocation, the Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the allocation. Section 553 of title 5 shall not apply with respect to the implementation of this section.

(2)

Timing of purchase price adjustments

The Secretary may make any such adjustments in the purchase prices for nonfat dry milk and butter the Secretary considers to be necessary not more than twice in each calendar year.

(e)

Refunds of 1995 and 1996 assessments

(1)

Refund required

The Secretary shall provide for a refund of the entire reduction required under section 204(h)(2) of the Agricultural Act of 1949 (7 U.S.C. 1446e(h)(2)), as in effect on the day before the amendment made by subsection (g), in the price of milk received by a producer during calendar year 1995 or 1996, if the producer provides evidence that the producer did not increase 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 effective date of this section.

(3)

Treatment of refund

A refund under this subsection shall not be considered as any type of price support or payment for purposes of sections 3811 and 3821 of title 16.

(f)

Commodity Credit Corporation

The Secretary shall carry out the program authorized 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 , and ending on . The program authorized by this section shall terminate on , and shall be considered to have expired notwithstanding section 907 of title 2.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agricultural Market Transition Act

    Pub. L. 104–127 title I § 141 · 110 Stat. 888

    Enacted · 7 U.S.C. § 7251

    Pub. L. 104–127, title I, § 141, Apr. 4, 1996, 110 Stat. 914

    Source evidence

    Code source credit
    Pub. L. 104–127, title I, § 141, Apr. 4, 1996, 110 Stat. 914

    Enacted provision · exact public law section
    SEC. 141. MILK PRICE SUPPORT PROGRAM. (a) Support Activities.— The Secretary of Agriculture shall support the price of milk produced in the 48 contiguous States through the purchase of cheese, butter, and nonfat dry milk produced from the milk. (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 calendar year 1999, $9.90. (c) Purchase Prices.— The support purchase prices under this section for each of the products of milk (butter, cheese, and nonfat dry milk) announced by the Secretary shall be the same for all of that product sold by persons offering to sell the product to the Secretary. The purchase prices shall be sufficient to enable plants of average efficiency to pay producers, on average, a price that is not less than the rate of price support for milk in effect under subsection (b). (d) Special Rule for Butter and Nonfat Dry Milk Purchase Prices.— (1) Allocation of purchase prices.— The Secretary may allocate the rate of price support between the purchase prices for nonfat dry milk and butter in a manner that will result in the lowest level of expenditures by the Commodity Credit Corporation or achieve such other objectives as the Secretary considers appropriate. Not later than 10 days after making or changing an allocation, the Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the allocation. Section 553 of title 5, United States Code, shall not apply with respect to the implementation of this section. (2) Timing of purchase price adjustments.— The Secretary may make any such adjustments in the purchase prices for nonfat dry milk and butter the Secretary considers to be necessary not more than twice in each calendar year. (e) Refunds of 1995 and 1996 Assessments.— (1) Refund required.— The Secretary shall provide for a refund of the entire reduction required under section 204(h)(2) of the Agricultural Act of 1949 (7 U.S.C. 1446e(h)(2)), as in effect on the day before the amendment made by subsection (g), in the price of milk received by a producer during calendar year 1995 or 1996, if the producer provides evidence that the producer did not increase 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 effective date of this section. (3) Treatment of refund.— A refund under this sub section shall not be considered as any type of price support or payment for purposes of sections 1211 and 1221 of the Food Security Act of 1985 (16 U.S.C. 3811 and 3821). (f) Commodity Credit Corporation.— The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. (g) Conforming Repeal.— Effective on the first day of the Effective date. first month beginning after the date of enactment of this title, section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is repealed. (h) Period of Effectiveness.— This section (other than sub section (g)) shall be effective only during the period beginning on the first day of the first month beginning after the date of enactment of this title and ending on December 31, 1999. The program authorized by this section shall terminate on December 31, 1999, and shall be considered to have expired notwithstanding section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907).

  2. Pub. L. 106–78 § 807(a)(1) · 113 Stat. 1135

    Substituted · 7 U.S.C. § 7251(b)(4)

    Pub. L. 106–78, § 807(a)(1), substituted “each of calendar years 1999 and 2000” for “calendar year 1999”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 106–78, § 807(a)(1), substituted “each of calendar years 1999 and 2000” for “calendar year 1999”.

    Enacted provision · exact public law section
    (1) in subsection (b)(4), by striking “calendar year 1999” and inserting “each of calendar years 1999 and 2000”; and

  3. Pub. L. 106–78 § 807(a)(2) · 113 Stat. 1135

    Substituted · 7 U.S.C. § 7251(h)

    Pub. L. 106–78, § 807(a)(2), substituted “2000” for “1999” in two places

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–78, § 807(a)(2), substituted “2000” for “1999” in two places.

    Enacted provision · exact public law section
    (2) in subsection (h), by striking “1999” each place it appears and inserting “2000”.

  4. Pub. L. 106–387 § 1(a)(tVII)(s742)(a)(1) · 114 Stat. 1549

    Substituted · 7 U.S.C. § 7251(b)(4)

    Pub. L. 106–387, § 1(a) [title VII, § 742(a)(1)], substituted “through 2001” for “and 2000”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 106–387, § 1(a) [title VII, § 742(a)(1)], substituted “through 2001” for “and 2000”.

    Enacted provision · exact public law section
    (a) The provisions of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  5. Pub. L. 106–387 § 1(a)(tVII)(s742)(a)(2) · 114 Stat. 1549

    Substituted · 7 U.S.C. § 7251(h)

    Pub. L. 106–387, § 1(a) [title VII, § 742(a)(2)], substituted “2001” for “2000” in two places

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–387, § 1(a) [title VII, § 742(a)(2)], substituted “2001” for “2000” in two places.

    Enacted provision · exact public law section
    (a) The provisions of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  6. Pub. L. 107–76 § 772(a)(1) · 115 Stat. 704

    Added · 7 U.S.C. § 7251(b)(5)

    Pub. L. 107–76, § 772(a)(1), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 107–76, § 772(a)(1), added par. (5).

    Enacted provision · exact public law section
    (1) in subsection (b), by adding at the end the following new paragraph: “(5) During the period beginning on January 1, 2002, and ending on May 31, 2002, $9.90. ” ; and

  7. Pub. L. 107–76 § 772(a)(2) · 115 Stat. 704

    Substituted · 7 U.S.C. § 7251(h)

    Pub. L. 107–76, § 772(a)(2), substituted “May 31, 2002” for “December 31, 2001” in two places

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 107–76, § 772(a)(2), substituted “May 31, 2002” for “December 31, 2001” in two places.

    Enacted provision · exact public law section
    (2) in subsection (h), by striking “December 31, 2001” both places it appears and inserting “May 31, 2002”.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 204 of the Agricultural Act of 1949, referred to in subsec. (e)(1), (2), was classified to section 1446e of this title prior to repeal by subsec. (g) of this section. See Codification note below.

Codification

Section is comprised of section 141 of Pub. L. 104–127. Subsec. (g) of section 141 of Pub. L. 104–127 repealed section 1446e of this title and enacted provisions set out as a note under section 1446e of this title.

Amendments1999–2001 · 3 rounds

2001

Subsec. (b)(5). Pub. L. 107–76, § 772(a)(1), added par. (5).

Subsec. (h). Pub. L. 107–76, § 772(a)(2), substituted “” for “” in two places.

2000

Subsec. (b)(4). Pub. L. 106–387, § 1(a) [title VII, § 742(a)(1)], substituted “through 2001” for “and 2000”.

Subsec. (h). Pub. L. 106–387, § 1(a) [title VII, § 742(a)(2)], substituted “2001” for “2000” in two places.

1999

Subsec. (b)(4). Pub. L. 106–78, § 807(a)(1), substituted “each of calendar years 1999 and 2000” for “calendar year 1999”.

Subsec. (h). Pub. L. 106–78, § 807(a)(2), substituted “2000” for “1999” in two places.

Credits

1996–2001 · 4 acts
  1. 1996Pub. L. 104–127, title I, § 141, , 110 Stat. 914
  2. 1999Pub. L. 106–78, title VIII, § 807(a), , 113 Stat. 1181
  3. 2000Pub. L. 106–387, § 1(a) [title VII, § 742(a)], , 114 Stat. 1549, 1549A–35
  4. 2001Pub. L. 107–76, title VII, § 772(a), , 115 Stat. 745.
Show as published

(Pub. L. 104–127, title I, § 141, , 110 Stat. 914; Pub. L. 106–78, title VIII, § 807(a), , 113 Stat. 1181; Pub. L. 106–387, § 1(a) [title VII, § 742(a)], , 114 Stat. 1549, 1549A–35; Pub. L. 107–76, title VII, § 772(a), , 115 Stat. 745.)

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