[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 869 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 869

 To amend the Agricultural Adjustment Act to prohibit the Secretary of 
Agriculture from basing minimum prices for Class I milk on the distance 
    or transportation costs from any location that is not within a 
   marketing area, except under certain circumstances, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2005

 Mr. Feingold 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 prohibit the Secretary of 
Agriculture from basing minimum prices for Class I milk on the distance 
    or transportation costs from any location that is not within a 
   marketing area, except under certain circumstances, and for other 
                               purposes.

    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 ``Federal Milk Marketing Reform Act of 
2005''.

SEC. 2. LOCATION ADJUSTMENTS FOR MINIMUM PRICES FOR CLASS I MILK.

    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--
            (1) in paragraph (A)--
                    (A) in clause (3) of the second sentence, by 
                inserting after ``the locations'' the following: 
                ``within a marketing area subject to the order''; and
                    (B) by striking the last 2 sentences and inserting 
                the following: ``Notwithstanding subsection (18) or any 
                other provision of law, when fixing minimum prices for 
                milk of the highest use classification in a marketing 
                area subject to an order under this subsection, the 
                Secretary may not, directly or indirectly, base the 
                prices on the distance from, or all or part of the 
                costs incurred to transport milk to or from, any 
                location that is not within the marketing area subject 
                to the order, unless milk from the location constitutes 
                at least 50 percent of the total supply of milk of the 
                highest use classification in the marketing area. The 
                Secretary shall report to the Committee on Agriculture 
                of the House of Representatives and the Committee on 
                Agriculture, Nutrition, and Forestry of the Senate on 
                the criteria that are used as the basis for the minimum 
                prices referred to in the preceding sentence, including 
                a certification that the minimum prices are made in 
                accordance with the preceding sentence.''; and
            (2) in paragraph (B)(c), by inserting after ``the 
        locations'' the following: ``within a marketing area subject to 
        the order''.
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