
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-76 Section 772(a)]
[CITE: 7USC7251]

 
                          TITLE 7--AGRICULTURE
 
               CHAPTER 100--AGRICULTURAL MARKET TRANSITION
 
                    SUBCHAPTER IV--OTHER COMMODITIES
 
                              Part A--Dairy
 
Sec. 7251. 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 each of calendar years 1999 through 2001, $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) of this section.

(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) of this section, 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) of this section) shall be 
effective only during the period beginning on the first day of the first 
month beginning after April 4, 1996, and ending on December 31, 2001. 
The program authorized by this section shall terminate on December 31, 
2001, and shall be considered to have expired notwithstanding section 
907 of title 2.

(Pub. L. 104-127, title I, Sec. 141, Apr. 4, 1996, 110 Stat. 914; Pub. 
L. 106-78, title VIII, Sec. 807(a), Oct. 22, 1999, 113 Stat. 1181; Pub. 
L. 106-387, Sec. 1(a) [title VII, Sec. 742(a)], Oct. 28, 2000, 114 Stat. 
1549, 1549A-35.)

                       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.


                               Amendments

    2000--Subsec. (b)(4). Pub. L. 106-387, Sec. 1(a) [title VII, 
Sec. 742(a)(1)], substituted ``through 2001'' for ``and 2000''.
    Subsec. (h). Pub. L. 106-387, Sec. 1(a) [title VII, Sec. 742(a)(2)], 
substituted ``2001'' for ``2000'' in two places.
    1999--Subsec. (b)(4). Pub. L. 106-78, Sec. 807(a)(1), substituted 
``each of calendar years 1999 and 2000'' for ``calendar year 1999''.
    Subsec. (h). Pub. L. 106-78, Sec. 807(a)(2), substituted ``2000'' 
for ``1999'' in two places.
