[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1650 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1650

  To ensure regulatory equity between and among all dairy farmers and 
  handlers, including producers also acting as handlers, for sales of 
packaged fluid milk into certain non-federally regulated milk marketing 
 areas from federally regulated areas and to apply minimum milk price 
   requirements to certain handlers of Class I milk products in the 
     Arizona-Las Vegas marketing area under certain circumstances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 2003

  Mr. Nunes introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To ensure regulatory equity between and among all dairy farmers and 
  handlers, including producers also acting as handlers, for sales of 
packaged fluid milk into certain non-federally regulated milk marketing 
 areas from federally regulated areas and to apply minimum milk price 
   requirements to certain handlers of Class I milk products in the 
     Arizona-Las Vegas marketing area under certain circumstances.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Milk Regulatory Equity Act of 
2003''.

SEC. 2. MINIMUM MILK PRICES FOR HANDLERS UNDER FEDERAL MILK MARKETING 
              ORDERS.

    (a) Application of Minimum Price Requirements.--A milk handler 
described in subsection (b) shall be subject to all of the minimum and 
uniform price requirements of the Federal milk marketing order issued 
under 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, applicable to the county in which the plant of 
the handler is located, at Federal order class prices, if the handler 
has packaged fluid milk product route dispositions, or sales of 
packaged fluid milk products to other plants, in a marketing area 
located in a State that requires handlers to pay minimum prices for raw 
milk purchases.
    (b) Covered Milk Handlers.--Except as provided in subsection (c), 
subsection (a) applies to a handler of Class I milk products (including 
a producer-handler or producer operating as a handler)--
            (1) whose plant is located within the boundaries of a 
        Federal order milk marketing area (as those boundaries are in 
        effect as of the date of the enactment of this Act);
            (2) that has packaged fluid milk product route 
        dispositions, or sales of packaged fluid milk products to other 
        plants, in a milk marketing area located in a State that 
        requires handlers to pay minimum prices for raw milk purchases; 
        and
            (3) that is not otherwise obligated by a Federal milk 
        marketing order, or a regulated milk pricing plan operated by a 
        State, to pay minimum class prices for the raw milk represented 
        by those milk dispositions or sales.
    (c) Certain Handlers Exempted.--Subsection (a) does not apply--
            (1) to a handler (otherwise described in subsection (b)) 
        that operates an exempt plant, as defined in section 1000.8(e) 
        of title 7, Code of Federal Regulations (as in effect on the 
        date of the enactment of this Act); or
            (2) a producer-handler (otherwise described in subsection 
        (b)) for any month during which the producer-handler has route 
        dispositions, and sales to other plants, of packaged fluid milk 
        products equaling less than 6,000,000 pounds of milk.
    (d) Effective Date and Implementation.--Subsection (a) shall take 
effect on the first day of the first month beginning more than 15 days 
after the date of the enactment of this Act. To accomplish this 
expedited implementation schedule, effective on the date of the 
enactment of this Act, the Secretary of Agriculture shall include in 
the pool distributing plant provision of each Federal milk marketing 
order issued under section 8c(5)(B) of the Agricultural Adjustment Act 
(7 U.S.C. 608c(5)(B)), reenacted with amendments by the Agricultural 
Marketing Agreement of 1937, language to ensure that a handler 
described in subsection (b) will be fully regulated by the order in 
which the handler's distributing plant is located. Inclusion of this 
language into Federal milk marketing orders shall not be subjected to a 
referendum under section 8c(19) of the Agricultural Adjustment Act (7 
U.S.C. 608c(19)), reenacted with amendments by the Agricultural 
Marketing Agreement Act of 1937.

SEC. 3. EXEMPTION OF MILK HANDLERS FROM MINIMUM PRICE REQUIREMENTS.

    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:
                    ``(M) Exemption of milk handlers from minimum price 
                requirements.--Notwithstanding any other provision of 
                this subsection, no handler with distribution of Class 
                I milk products in the Arizona-Las Vegas marketing area 
                (Order No. 131) shall be exempt during any month from 
                any minimum milk price requirement established by the 
                Secretary under this subsection if the total 
                distribution of Class I products within the Arizona-Las 
                Vegas marketing area of any such handler's own farm 
                production exceeds 6,000,000 pounds.''.
                                 <all>