[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11535-11536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4581]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1160

[Docket No. DA-04-02]


Section 610 Review: Fluid Milk Promotion Program

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

-----------------------------------------------------------------------

SUMMARY: This document summarizes the results of an Agriculture 
Marketing Service (AMS) review of the Fluid Milk Promotion Program 
under the criteria contained in Section 610 of the Regulatory 
Flexibility Act (RFA). Based upon its review, AMS has determined that 
the Order should be continued without change.

FOR FURTHER INFORMATION CONTACT: Interested persons may obtain a copy 
of the review. Requests for copies should be sent to David Jamison, 
Branch Chief, Promotion and Research Branch, Dairy Programs, Stop 
0233--Room 2958, 1400 Independence Avenue, SW., Washington, DC 20250-
0231, (202) 720-6967, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Fluid Milk Promotion Act of 1990 (Fluid 
Milk Act) (7 U.S.C. Section 6401 et seq.), authorized the Fluid Milk 
Promotion Order (Order) (7 CFR part 1160), a national processor program 
for fluid milk promotion and education. The program's objective is to 
educate Americans about the benefits of milk, increase fluid milk 
consumption, and maintain and expand markets and uses for fluid milk 
products in the contiguous 48 States and the District of Columbia.
    The program became effective on December 10, 1993, when the Order 
was issued. Processors marketing more than 3,000,000 pounds of fluid 
milk per month, excluding those fluid milk products delivered to the 
residence of a consumer, fund this program through a 20-cent per 
hundredweight assessment on fluid milk processed and marketed in

[[Page 11536]]

consumer-type packages in the contiguous 48 States and the District of 
Columbia.
    The Order provides for the establishment of the Fluid Milk Board, 
which is composed of 20 members appointed by the Secretary of 
Agriculture. Fifteen members are fluid milk processors who each 
represent a separate geographical region, and five are at-large 
members. Of the five at-large members, at least three must be fluid 
milk processors and at least one must be from the general public. The 
members of the Fluid Milk Board serve 3-year terms and are eligible to 
be appointed to two consecutive terms.
    Currently, there are approximately 100 fluid milk processors 
subject to the provisions of the Fluid Milk Act. Processors that 
process less than 3,000,000 pounds of milk per month, excluding those 
fluid milk products delivered directly to the place of residence of a 
consumer, are exempt from this program. AMS provides federal oversight 
of the Fluid Milk Program.
    A Notice of Review and Request for Written Comments was published 
in the Federal Register on March 30, 2004, (69 FR 16508). No comments 
were received.
    The purpose of the review is to determine whether the Order should 
be continued without change, amended, or rescinded (consistent with the 
objectives of the RFA) to minimize the impacts on small entities. In 
conducting this review, AMS considered the following factors: (1) The 
continued need for the Fluid Milk Promotion Order (Order); (2) the 
nature of complaints or comments received from the public concerning 
the Order; (3) the complexity of the Order; (4) the extent to which the 
Order overlaps, duplicates, or conflicts with other Federal rules, and, 
to the extent feasible, with State and local governmental rules; and 
(5) the length of time since the Order has been evaluated or the degree 
to which technology, economic conditions, or other factors have changes 
in the area affected by the Order.
    The Order is not unduly complex, and AMS has not identified 
regulations that duplicate, overlap, or conflict with the Order. Over 
the years, changes to the regulations of the Order have been made to 
reflect current industry operating practices and to solve current 
industry problems to the extent possible. The Order is independently 
evaluated every year to determine the effectiveness of its programs and 
the results are reported annually to Congress. The Department has not 
received any complaints or comments from the public regarding the Fluid 
Milk Act, Order, or the regulations issued under the Order.
    Based upon the review, AMS has determined that the Order should be 
continued without change. AMS plans to continue working with the dairy 
industry in maintaining an effective program.

    Dated: March 4, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-4581 Filed 3-8-05; 8:45 am]
BILLING CODE 3410-02-P