Title 7 — Agriculture
Part A · Chapter 100 — Agricultural Market Transition
§ 7256. Northeast Interstate Dairy Compact
Statutory text
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 1 Joint Resolution 28 of the 104th Congress, as placed on the calendar of the Senate, subject to the following conditions:
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 , the authority to implement the Northeast Interstate Dairy Compact.
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.
Duration
Consent for the Northeast Interstate Dairy Compact shall terminate on .
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 .
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.
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) 2 of this title shall provide technical assistance to the Compact Commission and be compensated for that assistance.
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.
Footnotes
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.
Agricultural Market Transition Act
Pub. L. 104–127 title I § 147 · 110 Stat. 888
Enacted · 7 U.S.C. § 7256
Pub. L. 104–127, title I, § 147, Apr. 4, 1996, 110 Stat. 919
Source evidence
Code source credit
Pub. L. 104–127, title I, § 147, Apr. 4, 1996, 110 Stat. 919Enacted provision · exact public law section
SEC. 147. 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 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 the date of enactment of this title, 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 8c of the Agricultural Adjustment Act (7 U.S.C. 608c) reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (3) Duration.— Consent for the Northeast Interstate Dairy Compact shall terminate concurrent with the Secretary’s implementation of the dairy pricing and Federal milk marketing order consolidation and reforms under section 143. (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 the date of enactment of this title. (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 8(c)5 of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, 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.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 div. B § 1000(a)(8)(s4) · 113 Stat. 1501
Substituted · 7 U.S.C. § 7256(3)
Pub. L. 106–113 substituted “on September 30, 2001.” for “concurrent with the Secretary’s implementation of the dairy pricing and Federal milk marketing order consolidation and reforms under section 7253 of this title.”
Source evidence
Code amendment note
Par. (3). Pub. L. 106–113 substituted “on September 30, 2001.” for “concurrent with the Secretary’s implementation of the dairy pricing and Federal milk marketing order consolidation and reforms under section 7253 of this title.”
1 of 2 references resolved to an enrolled provision · 1 partial
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 Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937,” which was translated as meaning section 8c(5) of the Agricultural Adjustment Act, to reflect the probable intent of Congress.
Amendments
1999—Par. (3). Pub. L. 106–113 substituted “on .” for “concurrent with the Secretary’s implementation of the dairy pricing and Federal milk marketing order consolidation and reforms under section 7253 of this title.”
Credits
1996–1999 · 2 acts
- 1996Pub. L. 104–127, title I, § 147, , 110 Stat. 919
- 1999Pub. L. 106–113, div. B, § 1000(a)(8) [§ 4], , 113 Stat. 1536, 1501A–520.
Show as published
(Pub. L. 104–127, title I, § 147, , 110 Stat. 919; Pub. L. 106–113, div. B, § 1000(a)(8) [§ 4], , 113 Stat. 1536, 1501A–520.)