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119th Congress

Title 7 — Agriculture

Chapter 113 — Agricultural Commodity Support Programs

§ 8772. Dairy forward pricing program

Statutory text

(a)

Program required

The Secretary shall establish a program under which milk producers and cooperative associations of producers are authorized to voluntarily enter into forward price contracts with milk handlers.

(b)

Minimum milk price requirements

Payments made by milk handlers to milk producers and cooperative associations of producers, and prices received by milk producers and cooperative associations, in accordance with the terms of a forward price contract authorized by subsection (a), shall be treated as satisfying—

(1)

all uniform and minimum milk price requirements of subparagraphs (B) and (F) of paragraph (5) of section 608c of this title; and

(2)

the total payment requirement of subparagraph (C) of that paragraph.

(c)

Milk covered by program

(1)

Covered milk

The program shall apply only with respect to the marketing of federally regulated milk that—

(A)

is not classified as Class I milk or otherwise intended for fluid use; and

(B)

is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk.

(2)

Relation to Class I milk

To assist milk handlers in complying with paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allocate milk receipts from producers, cooperatives, and other sources that are not subject to a forward contract to satisfy the obligations of the handler with regard to Class I milk usage.

(d)

Voluntary program

(1)

In general

A milk handler may not require participation in a forward pricing contract as a condition of the handler receiving milk from a producer or cooperative association of producers.

(2)

Pricing

A producer or cooperative association described in paragraph (1) may continue to have their 1 milk priced in accordance with the minimum payment provisions of the Federal milk marketing order.

(3)

Complaints

(A)

In general

The Secretary shall investigate complaints made by producers or cooperative associations of coercion by handlers to enter into forward contracts.

(B)

Action

If the Secretary finds evidence of coercion, the Secretary shall take appropriate action.

(e)

Duration

(1)

New contracts

No forward price contract may be entered into under the program established under this section after .

(2)

Application

No forward contract entered into under the program may extend beyond .

Footnotes

  1. 1 So in original. Probably should be “its”.

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. Pub. L. 110–234 title I § 1502 · 122 Stat. 923

    Enacted · 7 U.S.C. § 8772

    Pub. L. 110–234, title I, § 1502, May 22, 2008, 122 Stat. 991

    Source evidence

    Code source credit
    Pub. L. 110–234, title I, § 1502, May 22, 2008, 122 Stat. 991

    Enacted provision · exact public law section
    SEC. 1502. DAIRY FORWARD PRICING PROGRAM. (a) Program Required.— The Secretary shall establish a program under which milk producers and cooperative associations of producers are authorized to voluntarily enter into forward price contracts with milk handlers. (b) Minimum Milk Price Requirements.— Payments made by milk handlers to milk producers and cooperative associations of producers, and prices received by milk producers and cooperative associations, in accordance with the terms of a forward price contract authorized by subsection (a), shall be treated as satisfying— (1) all uniform and minimum milk price requirements of subparagraphs (B) and (F) of paragraph (5) of section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937; and (2) the total payment requirement of subparagraph (C) of that paragraph. (c) Milk Covered by Program.— (1) Covered milk.— The Applicability. program shall apply only with respect to the marketing of federally regulated milk that— (A) is not classified as Class I milk or otherwise intended for fluid use; and (B) is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk. (2) Relation to class i milk.— To assist milk handlers in complying with paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allocate milk receipts from producers, cooperatives, and other sources that are not subject to a forward contract to satisfy the obligations of the handler with regard to Class I milk usage. (d) Voluntary Program.— (1) In general.— A milk handler may not require participation in a forward pricing contract as a condition of the handler receiving milk from a producer or cooperative association of producers. (2) Pricing.— A producer or cooperative association described in paragraph (1) may continue to have their milk priced in accordance with the minimum payment provisions of the Federal milk marketing order. (3) Complaints.— (A) In general.— The Secretary shall investigate complaints made by producers or cooperative associations of coercion by handlers to enter into forward contracts. (B) Action.— If the Secretary finds evidence of coercion, the Secretary shall take appropriate action. (e) Duration.— (1) New contracts.— No Deadline. forward price contract may be entered into under the program established under this section after September 30, 2012. (2) Application.— No Termination date. forward contract entered into under the program may extend beyond September 30, 2015.

  2. Agricultural Act of 2014

    Pub. L. 113–79 § 1424(1) · 128 Stat. 649

    Substituted · 7 U.S.C. § 8772(e)(1)

    Pub. L. 113–79, § 1424(1), substituted “2018” for “2012”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 113–79, § 1424(1), substituted “2018” for “2012”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “2012” and inserting “2018”; and

  3. Agricultural Act of 2014

    Pub. L. 113–79 § 1424(2) · 128 Stat. 649

    Substituted · 7 U.S.C. § 8772(e)(2)

    Pub. L. 113–79, § 1424(2), substituted “2021” for “2015”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 113–79, § 1424(2), substituted “2021” for “2015”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “2015” and inserting “2021”.

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1402(a)(1) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 8772(e)(1)

    Pub. L. 115–334, § 1402(a)(1), substituted “2023” for “2018”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 115–334, § 1402(a)(1), substituted “2023” for “2018”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “2018” and inserting “2023”; and

  5. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1402(a)(2) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 8772(e)(2)

    Pub. L. 115–334, § 1402(a)(2), substituted “2026” for “2021”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 115–334, § 1402(a)(2), substituted “2026” for “2021”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “2021” and inserting “2026”.

  6. Further Continuing Appropriations and Other Extensions Act, 2024

    Pub. L. 118–22 div. B title I § 102(c)(2)(C) · 137 Stat. 112

    Substituted · 7 U.S.C. § 8772(e)(2)

    Pub. L. 118–22 substituted “2027” for “2026”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 118–22 substituted “2027” for “2026”.

    Enacted provision · exact public law section
    (C) Dairy forward pricing program.— Section 1502(e)(2) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)(2)) is amended by striking “2026” and inserting “2027”.

  7. Pub. L. 118–158 div. D § 4101(c)(4)(B) · 138 Stat. 1769

    Substituted · 7 U.S.C. § 8772(e)(2)

    Pub. L. 118–158 substituted “2028” for “2027”

    Unresolved: Pub. L. 118–158 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 118–158 substituted “2028” for “2027”.

  8. Pub. L. 119–37 div. E § 5002(c)(1) · 139 Stat. 627

    Substituted · 7 U.S.C. § 8772(e)(2)

    Pub. L. 119–37 substituted “2029” for “2028”

    Unresolved: Pub. L. 119–37 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 119–37 substituted “2029” for “2028”.

    Effective date note
    Amendment by Pub. L. 119–37 to be applied and administered as if enacted on Sept. 30, 2025, see section 5002(g) of Pub. L. 119–37, set out in an Extension of Agricultural Programs note under section 9001 of this title.

6 of 8 references resolved to an enrolled provision · 2 unresolved

Editorial Notes

Codification

The authorities provided by each provision of, and each amendment made by, Pub. L. 110–246, as in effect on , to continue, and the Secretary of Agriculture to carry out the authorities, until the later of , or the date specified in the provision of, or amendment made by, Pub. L. 110–246, see section 701(a) of Pub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Amendments2014–2025 · 5 rounds

2025

Subsec. (e)(2). Pub. L. 119–37 substituted “2029” for “2028”.

2024

Subsec. (e)(2). Pub. L. 118–158 substituted “2028” for “2027”.

2023

Subsec. (e)(2). Pub. L. 118–22 substituted “2027” for “2026”.

2018

Subsec. (e)(1). Pub. L. 115–334, § 1402(a)(1), substituted “2023” for “2018”.

Subsec. (e)(2). Pub. L. 115–334, § 1402(a)(2), substituted “2026” for “2021”.

2014

Subsec. (e)(1). Pub. L. 113–79, § 1424(1), substituted “2018” for “2012”.

Subsec. (e)(2). Pub. L. 113–79, § 1424(2), substituted “2021” for “2015”.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Amendment by Pub. L. 119–37 to be applied and administered as if enacted on , see section 5002(g) of Pub. L. 119–37, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date of 2024 Amendment

Amendment by Pub. L. 118–158 to be applied and administered as if enacted on , see section 4101(g) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date of 2023 Amendment

Amendment by Pub. L. 118–22 to be applied and administered as if enacted on , see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.

Credits

2008–2025 · 7 acts
  1. 2008Pub. L. 110–234, title I, § 1502, , 122 Stat. 991
  2. 2008Pub. L. 110–246, § 4(a), title I, § 1502, , 122 Stat. 1664, 1720
  3. 2014Pub. L. 113–79, title I, § 1424, , 128 Stat. 695
  4. 2018Pub. L. 115–334, title I, § 1402(a), , 132 Stat. 4518
  5. 2023Pub. L. 118–22, div. B, title I, § 102(c)(2)(C), , 137 Stat. 116
  6. 2024Pub. L. 118–158, div. D, § 4101(c)(4)(B), , 138 Stat. 1769
  7. 2025Pub. L. 119–37, div. E, § 5002(c)(1), , 139 Stat. 627.
Show as published

(Pub. L. 110–234, title I, § 1502, , 122 Stat. 991; Pub. L. 110–246, § 4(a), title I, § 1502, , 122 Stat. 1664, 1720; Pub. L. 113–79, title I, § 1424, , 128 Stat. 695; Pub. L. 115–334, title I, § 1402(a), , 132 Stat. 4518; Pub. L. 118–22, div. B, title I, § 102(c)(2)(C), , 137 Stat. 116; Pub. L. 118–158, div. D, § 4101(c)(4)(B), , 138 Stat. 1769; Pub. L. 119–37, div. E, § 5002(c)(1), , 139 Stat. 627.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s8772