I 

108TH CONGRESS 

1ST SESSION H. R. 1659

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Milk Regulatory Eq5 uity Act of 2003’’. 
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1 SEC. 2. MINIMUM MILK PRICES FOR HANDLERS UNDER 

2 FEDERAL MILK MARKETING ORDERS. 

3 (a) APPLICATION OF MINIMUM PRICE REQUIRE4 MENTS.—A milk handler described in subsection (b) shall 

5 be subject to all of the minimum and uniform price re6 quirements of the Federal milk marketing order issued 

7 under section 8c(5) of the Agricultural Adjustment Act 

8 (7 U.S.C. 608c(5)), reenacted with amendments by the 

9 Agricultural Marketing Agreement Act of 1937, applicable 

10 to the county in which the plant of the handler is located, 

11 at Federal order class prices, if the handler has packaged 

12 fluid milk product route dispositions, or sales of packaged 

13 fluid milk products to other plants, in a marketing area 

14 located in a State that requires handlers to pay minimum 

15 prices for raw milk purchases. 

16 (b) COVERED MILK HANDLERS.—Except as provided 

17 in subsection (c), subsection (a) applies to a handler of 

18 Class I milk products (including a producer-handler or 

19 producer operating as a handler)—

20 (1) whose plant is located within the boundaries 

21 of a Federal order milk marketing area (as those 

22 boundaries are in effect as of the date of the enact23 ment of this Act); 

24 (2) that has packaged fluid milk product route 

25 dispositions, or sales of packaged fluid milk products 

26 to other plants, in a milk marketing area located in 
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1 a State that requires handlers to pay minimum 

2 prices for raw milk purchases; and 

3 (3) that is not otherwise obligated by a Federal 

4 milk marketing order, or a regulated milk pricing 

5 plan operated by a State, to pay minimum class 

6 prices for the raw milk represented by those milk 

7 dispositions or sales. 

8 (c) CERTAIN HANDLERS EXEMPTED.—Subsection 

9 (a) does not apply—

10 (1) to a handler (otherwise described in sub11 section (b)) that operates an exempt plant, as de12 fined in section 1000.8(e) of title 7, Code of Federal 

13 Regulations (as in effect on the date of the enact14 ment of this Act); or 

15 (2) a producer-handler (otherwise described in 

16 subsection (b)) for any month during which the pro17 ducer-handler has route dispositions, and sales to 

18 other plants, of packaged fluid milk products equal19 ing less than 6,000,000 pounds of milk. 

20 (d) EFFECTIVE DATE AND IMPLEMENTATION.—Sub21 section (a) shall take effect on the first day of the first 

22 month beginning more than 15 days after the date of the 

23 enactment of this Act. To accomplish this expedited imple24 mentation schedule, effective on the date of the enactment 

25 of this Act, the Secretary of Agriculture shall include in 
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1 the pool distributing plant provision of each Federal milk 

2 marketing order issued under section 8c(5)(B) of the Agri3 cultural Adjustment Act (7 U.S.C. 608c(5)(B)), reenacted 

4 with amendments by the Agricultural Marketing Agree5 ment of 1937, language to ensure that a handler described 

6 in subsection (b) will be fully regulated by the order in 

7 which the handler’s distributing plant is located. Inclusion 

8 of this language into Federal milk marketing orders shall 

9 not be subjected to a referendum under section 8c(19) of 

10 the Agricultural Adjustment Act (7 U.S.C. 608c(19)), re11 enacted with amendments by the Agricultural Marketing 

12 Agreement Act of 1937.

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