7 U.S.C. 7256
Federal Agriculture Improvement and Reform
Act of 1996 as Amended by the Consolidated Appropriations Act for Fiscal
SEC. 147. NORTHEAST INTERSTATE DAIRY COMPACT.
Congress hereby consents to the Northeast Interstate
Dairy Compact entered into among the States of Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island and Vermont as specified in section 1(b) Senate
Joint Resolution 28 of the 104th Congress, as placed on the calendar of
the Senate, subject to the following conditions:
to Compact Legislation
(1) FINDING OF COMPELLING PUBLIC INTEREST- Based
upon a finding by the Secretary of a compelling public interest in the
Compact region, the Secretary may grant the States that have ratified the
Northeast Interstate Dairy Compact, as of the date of enactment of this
title, the authority to implement the Northeast Interstate Dairy Compact.
(2) LIMITATION ON MANUFACTURING PRICE- The Northeast
Interstate Dairy Compact Commission shall not regulate Class II, Class
III, or Class III-A milk used for manufacturing purposes or any other milk,
other than Class I (fluid) milk, as defined by a Federal milk marketing
order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C.
608c) reenacted with amendments by the Agricultural Marketing Agreement
Act of 1937.
(3) DURATION- Consent for the Northeast Interstate
Dairy Compact shall terminate on September 30, 2001.
(4) ADDITIONAL STATES- Delaware, New Jersey, New
York, Pennsylvania, Maryland, and Virginia are the only additional States
that may join the Northeast Interstate Dairy Compact, individually or otherwise,
if upon entry the State is contiguous to a participating State and if Congress
consents to the entry of the State into the Compact after the date of enactment
of this title.
(5) COMPENSATION OF COMMODITY CREDIT CORPORATION-
Before the end of each fiscal year that a Compact price regulation is in
effect, the Northeast Interstate Dairy Compact Commission shall compensate
the Commodity Credit Corporation for the cost of any purchases of milk
and milk products by the Corporation that result from the projected rate
of increase in milk production for the fiscal year within the Compact region
in excess of the projected national average rate of the increase in milk
production, as determined by the Secretary.
(6) MILK MARKETING ORDER ADMINISTRATOR- At the request
of the Northeast Interstate Dairy Compact Commission, the Administrator
of the applicable Federal milk marketing order issued under section 8(c)5
of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments
by the Agricultural Marketing Agreement Act of 1937, shall provide technical
assistance to the Compact Commission and be compensated for that assistance.
(7) FURTHER CONDITIONS- The Northeast Interstate
Dairy Compact Commission shall not prohibit or in any way limit the marketing
in the Compact region of any milk or milk product produced in any other
production area in the United States. The Compact Commission shall respect
and abide by the ongoing procedures between Federal milk marketing orders
with respect to the sharing of proceeds from sales within the Compact region
of bulk milk, packaged milk, or producer milk originating from outside
of the Compact region. The Compact Commission shall not use compensatory
payments under section 10(6) of the Compact as a barrier to the entry of
milk into the Compact region or for any other purpose. Establishment of
a Compact over-order price, in itself, shall not be considered a compensatory
payment or a limitation or prohibition on the marketing of milk.