S. 1640Senate112th Congress (2011-2013)In Committee

Federal Milk Marketing Improvement Act of 2011

Introduced October 3, 2011

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

October 3, 2011

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SenateIntro Referral

Introduced in Senate

October 3, 2011

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

October 3, 2011

Floor Debate

24 members

What members said about S. 1640 on the floor

9 Republicans14 Democrats1 Independent
Tom Harkin
Sen. Tom HarkinD-IA · Jun 21, 2012

Madam President, this amendment is a solution in search of a problem. I don't know--have any of my colleagues here had unionized businesses come to them complaining that they can't give a raise? Have…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Jun 21, 2012

Madam President, I support passage of the 2012 farm bill, S. 3240, the Agriculture Reform, Food, and Jobs Act of 2012. I have made it a priority to keep Pennsylvania's agricultural industry and our…

Tom Udall
Sen. Tom UdallD-NM · Jun 21, 2012

Madam President, I have filed an amendment relating to the Socially Disadvantaged Farmers and Ranchers Program that I would like to bring to Senator Stabenow's attention. As the Senator knows, the…

John McCain
Sen. John McCainR-AZ · Jun 21, 2012

Mr. President, I rise today to speak on an amendment I have introduced--with a dozen cosponsors to require the Secretary of Defense to provide to Congress a detailed report by August 15, 2012, on the…

Ron Wyden
Sen. Ron WydenD-OR · Jun 21, 2012

Mr. President, I am very pleased that the Senate today passed the Farm bill. This is bipartisan legislation that is critical to all Americans--from the farmers who grow our food, to the consumers who…

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Michael B. Enzi
Sen. Michael B. EnziR-WY · Jun 21, 2012

Madam President, I have come to the floor to speak in favor of Senator Rubio's amendment No. 2166, the Rewarding Achievement and Incentivizing Successful Employees Act, known as the RAISE Act. It is…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Jun 21, 2012

Mr. President, before reading our order of amendments, I wish, one more time, to say thank you to everyone. We have had two very productive, hard-working days. I thank my ranking member for his…

Jack Reed
Sen. Jack ReedD-RI · Jun 21, 2012

Madam President, the Agriculture Reform, Food, and Jobs Act of 2012, also known as the farm bill, makes some strides in reforming agriculture policy and subsidies. However, in my view, these reforms…

Carl Levin
Sen. Carl LevinD-MI · Jun 21, 2012

Madam President, if sequestration comes to pass at the end of this year, many of us believe it could derail the economic recovery and do immense damage to important programs throughout the…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Jun 21, 2012

Mr. President, I rise today to speak on S. 3240, legislation to reauthorize the farm bill. It is important to reflect on the process and the debate we just had, as well as consider the final product.…

Sherrod Brown
Sen. Sherrod BrownD-OH · Jun 21, 2012

Mr. President, the Agriculture Reform, Food, and Jobs Act, or the 2012 farm bill, represents the most significant reform of U.S. agriculture in decades. This bill is the product of many months of…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jun 21, 2012

Mr. President, I call up my amendment No. 2456. Mr. President, Senator Johanns has an amendment which would stop the EPA from ever using any kind of airplanes--including manned small planes, which is…

Herb Kohl
Sen. Herb KohlD-WI · Jun 21, 2012

Madam President, I rise to support and encourage passage of this farm bill. Farm bills are difficult measures to shepherd through this chamber. There has never been--and never will--be a `perfect'…

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Pat Roberts
Sen. Pat RobertsR-KS · Jun 21, 2012

Very quickly, we all wear coats and ties in this body. This amendment would put us in lab coats. Don't wear a lab coat. Vote ``no'' on this amendment. Madam President, when you go back home or if you…

Harry Reid
Sen. Harry ReidD-NV · Jun 21, 2012

Madam President, there is nothing pending now on the Senate floor other than the farm bill? We are in between votes; is that correct? Madam President, I ask unanimous consent that upon disposition of…

Mike  Johanns
Sen. Mike Johanns R-NE · Jun 21, 2012

Mr. President, given the EPA's recent track record with agriculture--if not downright contempt for it--farmers and ranchers simply don't trust the EPA. They could have done this program right and…

Patty Murray
Sen. Patty MurrayD-WA · Jun 21, 2012

Madam President, I call up my amendment No. 2455 and ask that it be modified with the changes at the desk. Madam President, I ask unanimous consent that the 60- affirmative threshold be waived, since…

Tom Coburn
Sen. Tom CoburnR-OK · Jun 21, 2012

I call up amendment No. 2214 on behalf of myself and the Senator from Colorado, Mr. Udall. I ask unanimous consent that we be given 3 minutes for each side to be divided between myself and Senator…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jun 21, 2012

Let me echo the remarks of my good friend. This bill has been handled in a way entirely consistent with the norms and traditions of the Senate. Members have had an opportunity to express themselves…

Bernard Sanders
Sen. Bernard SandersI-VT · Jun 21, 2012

Madam President, I call up amendment No. 2310. Madam President, this amendment is cosponsored by Senators Boxer and Begich and is supported by over 40 pro-consumer organizations throughout the…

Patrick J. Toomey
Sen. Patrick J. ToomeyR-PA · Jun 21, 2012

Mr. President, I call up amendment No. 2247. Mr. President, water systems are currently required to mail reports every year that detail in great specificity all the minute trace chemicals that are…

Marco Rubio
Sen. Marco RubioR-FL · Jun 21, 2012

Madam President, I ask unanimous consent to call up amendment No. 2166. I ask unanimous consent that the reading of the amendment be dispensed with. Madam President, this amendment would amend the…

Mark Udall
Sen. Mark UdallD-CO · Jun 21, 2012

Madam President, I thank the Senator from Oklahoma. I rise in support of this important amendment. I would also like to note that this provision is included in a larger bill I introduced this week to…

Tim Johnson
Sen. Tim JohnsonD-SD · Jun 21, 2012

Mr. President, I was unavoidably detained and unable to vote on the Boxer amendment No. 2456 this morning. If I had been present, I would have voted in favor of this amendment. It is important that…

Bill Text

Latest available legislative text

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Introduced in SenateIssued October 3, 2011

II

112th CONGRESS

1st Session

S. 1640

IN THE SENATE OF THE UNITED STATES

October 3, 2011

Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Agricultural Adjustment Act to require the Secretary of Agriculture to determine the price of all milk used for manufactured purposes, which shall be classified as Class II milk, by using the national average cost of production, and for other purposes.

1.

Short title

This Act may be cited as the Federal Milk Marketing Improvement Act of 2011.

2.

Prices received for milk under milk marketing orders

Section 8c(5)(B) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(B)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended—

(1)

in the first clauses (i) and (ii), by inserting (based on the blended price of all milk covered by the order) after uniform prices each place it appears; and

(2)

in clause (b) of the matter following the first clause (ii), by inserting and the component value after quality.

3.

Class II milk pricing

Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following:

(P)

Class II milk pricing

(i)

Definition of national average cost of production

In this subparagraph, the term national average cost of production means the amount, as determined by the Economic Research Service of the Department of Agriculture, equal to the difference between—

(I)

the national average of the operating cost and the allocated overhead cost of producing all milk in the 48 contiguous States; and

(II)

the opportunity cost for unpaid labor of producing all milk in the 48 contiguous States.

(ii)

Minimum price

The Secretary shall base the minimum price for Class II milk on the national average cost of production.

(iii)

Survey

For purposes of determining the national average cost of production under clause (i), the Secretary shall survey dairy producers and associations of dairy producers subject to Federal and State milk marketing orders and in all unregulated areas applicable to all milk.

(iv)

Price announcement

(I)

In general

Not later than November 1 of each calendar year, the Secretary shall announce the minimum price for Class II milk for the next calendar year, as determined in accordance with clause (ii).

(II)

Adjustments

Using the most currently available national average cost of production, the Secretary shall adjust the price announced under subclause (I) for a calendar year on April 1, July 1, and October 1 of the calendar year.

(III)

Notification

Not later than 15 days prior to the effective date of a price adjustment under this clause, the Secretary shall submit notification of the adjusted price to—

(aa)

the Committee on Agriculture of the House of Representatives;

(bb)

the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(cc)

each administrator of a Federal milk marketing order;

(dd)

each State agency that oversees the pricing of milk paid to dairy producers; and

(ee)

other applicable Federal and State agencies.

(IV)

Publication

After receiving notification under subclause (III)(cc), each administrator of a Federal milk marketing order shall publish the decision of the Secretary in all bulletins and publications of the Federal milk marketing order.

(v)

Basic formula price

(I)

In general

The Secretary shall use the Class II milk price announced under clause (iv) as the basic formula price for all Federal and State milk marketing orders and all unregulated milk production areas.

(II)

Class I milk

(aa)

In general

The price of Class I milk in all Federal and State milk marketing orders and all unregulated milk production areas shall be equal to—

(AA)

the basic formula price under subclause (I); plus

(BB)

the applicable Class I milk differential under Federal and State milk marketing orders.

(bb)

Unregulated areas

For purposes of item (aa)(BB), the Secretary shall assign comparable Class I milk differentials to each unregulated area.

.

4.

Inventory management program

Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, as amended by section 3, is amended by adding at the end the following:

(Q)

Inventory management program

(i)

Milk production totals

Not later than February 1 of each calendar year, the Secretary shall determine the total quantity of all milk produced by each dairy producer or farming operation during the 3 preceding calendar years.

(ii)

Production base

(I)

In general

The starting production base of a dairy producer shall be the average quantity of milk produced by the dairy producer during the 3 calendar years immediately preceding the date of enactment of this subparagraph.

(II)

Adjustment

The production base of a dairy producer shall be adjusted on January 1st of each year.

(III)

Limitation

The production base of a dairy producer shall be based on the dairy producer, not the farming operation, and may not be sold, transferred, bartered, or donated.

(IV)

New dairy producer exception

A new dairy producer, as defined by the Secretary, shall—

(aa)

during the 1-year period beginning on the date on which the new dairy producer commences operation, be exempt from any applicable price reduction relating to the first 3,000,000 pounds of milk produced by the new dairy producer;

(bb)

in the case of any milk produced in excess of 3,000,000 pounds during that 1-year period, be subject to each price reduction described in clauses (vi) and (vii); and

(cc)

after that 1-year period, be subject to each price reduction that applies to existing dairy producers.

(iii)

Estimation of annual milk production and domestic consumption

Not later than November 1 of each calendar year and taking into consideration the import projections and export projections for all milk products, the Secretary shall estimate the quantity of all milk to be produced in the 48 contiguous States and marketed by dairy producers for commercial use during the next 12 months.

(iv)

Identification and determination of dairy products

(I)

In general

Not less frequently than once each quarter, the Secretary shall—

(aa)

identify all dairy products (including cheeses, curds, butter, butterfat, butter oil, buttermilk, anhydrous milk fat, dairy spreads, milk, cream, concentrated milk, condensed milk, nonfat dry milk powder, whole milk powder, skim milk powder, all other forms of powdered milk, yogurt, ice cream, whey, whey powder, dried whey, whey protein concentrate, all other forms of whey products, milk protein concentrate, milk protein isolate, casein, caseinates, lactose, food preps containing milk, and milk chocolate) imported into, or exported from, the United States; and

(bb)

determine the quantity of raw milk contained in each such product.

(II)

Inclusions

In identifying dairy products under subclause (I)(aa), the Secretary shall include any current or projected future imports or exports of a product used for dairy, a dairy substitute, or ingredient, including any product that does not have the status of generally recognized as safe, as determined by the Commissioner of Food and Drugs.

(v)

Excess production determination

Not more than once every 2 months, if the Secretary, acting through the Commodity Credit Corporation, has purchased the maximum quantity of milk and milk products as required by law to administer programs including child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769f(b)), feeding programs administered by the Secretary of Defense, institutional programs, and any other mandated Federal food or feeding programs, the Secretary shall determine whether an excess quantity of milk and milk products is being produced for the national domestic market.

(vi)

Reduction in price received

(I)

In general

Subject to subclauses (II), (IV), and (V), if the Secretary determines under clause (v) that there is excess production, the Secretary shall provide for a reduction in the price received by all dairy producers for not more than 5 percent of all milk produced in the 48 contiguous States and marketed by dairy producers for commercial use.

(II)

Notification

Not later than 15 days prior to the implementation of a reduction in price in accordance with subclause (I), the Secretary shall submit notification of, and justification for, the reduction in price to—

(aa)

the Committee on Agriculture of the House of Representatives;

(bb)

the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(cc)

each administrator of a Federal milk marketing order;

(dd)

each State agency that oversees the pricing of milk paid to dairy producers; and

(ee)

other applicable Federal and State agencies.

(III)

Publication

After receiving notification under subclause (II)(cc), each administrator of a Federal milk marketing order shall publish the decision of the Secretary in all bulletins and publications of the Federal milk marketing order.

(IV)

Limitation

The Secretary shall not provide for a reduction in the price received by a dairy producer under subclause (I) unless the Secretary determines under this subparagraph that there exists a positive trade balance in dairy products that are imported into, or exported from, the United States, based on—

(aa)

dollar value; and

(bb)

the quantity of milk represented by imports and exports, as determined under this subparagraph.

(V)

Amount

The amount of the reduction under subclause (I) in the price received by dairy producers shall not exceed 1/2 the minimum price of Class II milk.

(vii)

Additional reduction

(I)

In general

If the Secretary determines that the reduction described in clause (vi) is insufficient to reduce excess production, subject to subclauses (II) and (III) and clause (ii)(IV), the Secretary shall reduce the price received by any dairy producer or farming operation that has increased the production of all milk in a calendar quarter, as compared to the average quantity of milk produced in the corresponding calendar quarter in the previous 3 years.

(II)

Application

A reduction in price under subclause (I) shall apply only to the quantity of milk produced in excess of the average quantity of milk produced in the corresponding calendar quarters in the previous 3 years.

(III)

Notification

Not later than 15 days prior to the implementation of a reduction in price in accordance with subclause (I), the Secretary shall submit notification of, and justification for, the reduction in price to—

(aa)

the Committee on Agriculture of the House of Representatives;

(bb)

the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(cc)

each administrator of a Federal milk marketing order;

(dd)

each State agency that oversees the pricing of milk paid to dairy producers; and

(ee)

other applicable Federal and State agencies.

(IV)

Publication

After receiving notification under subclause (III)(cc), each administrator of a Federal milk marketing order shall publish the decision of the Secretary in all bulletins and publications of the Federal milk marketing order.

(viii)

Amounts derived from reduction in prices paid to dairy producers

(I)

In general

Not later than 30 days after the end of each quarter, the Secretary shall pay to the special dairy producer account established under subclause (II) any amounts derived from a reduction in milk prices paid to dairy producers under clauses (vi) and (vii).

(II)

Special dairy producer account

The Commodity Credit Corporation shall establish a special dairy producer account in which amounts described in subclause (I) shall be credited.

(ix)

Appeals

(I)

In general

A dairy producer subject to an additional reduction under clause (vii) may appeal to the Federal or State milk marketing administrator to provide evidence that the dairy producer did not increase production in the calendar year that the reduction was in effect when compared to the average quantity of milk produced during the 3 previous years.

(II)

Return of amounts

If a dairy producer proves that the dairy producer did not increase total production for the effective calendar year, the Secretary shall return to the dairy producer any amounts collected for any overproduction of any quarter of the affected year.

(III)

Submission of appeal

A dairy producer that ships to an unregulated milk handler may submit any appeal of the dairy producer to the Secretary or to the designated representative of the Secretary.

(x)

Extraordinary circumstances

In deciding an appeal submitted by a dairy producer under clause (ix), a Federal or State milk marketing administrator (or, in the case of an appeal under clause (ix)(III), the Secretary or the designated representative of the Secretary) shall take into consideration production losses due to, at a minimum, fire, severe weather conditions, or severe disease outbreaks.

(xi)

Collection

Except as provided in clause (xii), reductions in price required under clause (vi) or (vii) shall be collected by Federal and State milk marketing administrators and timely remitted to the Commodity Credit Corporation to offset the cost of purchasing excess milk products.

(xii)

Collection in unregulated areas

Reductions in price required for unregulated areas under subclause (IV) or (VI) shall be collected by the Secretary and timely remitted to the Commodity Credit Corporation to offset the cost of purchasing excess milk products.

(R)

Prohibition on certain charges

In carrying out this Act, the Secretary shall not impose charges on dairy producers for the cost of the conversion of raw milk to manufactured products.

(S)

Responsibilities of milk purchasing handlers

A milk handler that purchases milk from a dairy producer shall assume title for the milk at the time at which the milk is pumped into a milk truck provided by or otherwise delivered to the milk handler.

(T)

Applicability

Subparagraphs (P) through (S) apply to all dairy producers and handlers of milk in the 48 contiguous States.

.

5.

Amendments to Federal milk marketing orders

Section 8c(17) of the Agricultural Adjustment Act (7 U.S.C. 608c(17)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following:

(H)

Orders covering milk and milk products

In the case of an order covering milk or milk products, disapproval of an amendment to the order shall not be considered to be disapproval of—

(i)

the order; or

(ii)

other terms of the order.

.