II 

109TH CONGRESS 

1ST SESSION S. 2120 

To ensure regulatory equity between and among all dairy farmers and handlers for sales of packaged fluid milk in federally regulated milk marketing areas and into certain non-federally regulated milk marketing 

areas from federally regulated areas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2005 

Mr. KYL (for himself, Mr. REID, and Mrs. FEINSTEIN) introduced the following bill; which was read twice, considered, read the third time, and 

passed 

A BILL 

To ensure regulatory equity between and among all dairy 

farmers and handlers for sales of packaged fluid milk 

in federally regulated milk marketing areas and into 

certain non-federally regulated milk marketing areas 

from federally regulated areas, and for other purposes. 

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 2005’’. 
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1 SEC. 2. MILK REGULATORY EQUITY. 

2 (a) MINIMUM MILK PRICES FOR HANDLERS; EXEMP3 TION.—Section 8c(5) of the Agricultural Adjustment Act 

4 (7 U.S.C. 608c(5)), reenacted with amendments by the 

5 Agricultural Marketing Agreement Act of 1937, is amend6 ed by adding at the end the following new subparagraphs: 

7 ‘‘(M) MINIMUM MILK PRICES FOR HANDLERS.— 

8 ‘‘(i) APPLICATION OF MINIMUM PRICE RE9 QUIREMENTS.—Notwithstanding any other provision 

10 of this section, a milk handler described in clause 

11 (ii) shall be subject to all of the minimum and uni12 form price requirements of a Federal milk marketing 

13 order issued pursuant to this section applicable to 

14 the county in which the plant of the handler is lo15 cated, at Federal order class prices, if the handler 

16 has packaged fluid milk product route dispositions, 

17 or sales of packaged fluid milk products to other 

18 plants, in a marketing area located in a State that 

19 requires handlers to pay minimum prices for raw 

20 milk purchases. 

21 ‘‘(ii) COVERED MILK HANDLERS.—Except as 

22 provided in clause (iv), clause (i) applies to a han23 dler of Class I milk products (including a producer24 handler or producer operating as a handler) that— 

25 ‘‘(I) operates a plant that is located within 

26 the boundaries of a Federal order milk mar-
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1 keting area (as those boundaries are in effect as 

2 of the date of the enactment of this subpara3 graph); 

4 ‘‘(II) has packaged fluid milk product 

5 route dispositions, or sales of packaged fluid 

6 milk products to other plants, in a milk mar7 keting area located in a State that requires 

8 handlers to pay minimum prices for raw milk 

9 purchases; and 

10 ‘‘(III) is not otherwise obligated by a Fed11 eral milk marketing order, or a regulated milk 

12 pricing plan operated by a State, to pay min13 imum class prices for the raw milk that is used 

14 for such dispositions or sales. 

15 ‘‘(iii) OBLIGATION TO PAY MINIMUM CLASS

16 PRICES.—For purposes of clause (ii)(III), the Sec17 retary may not consider a handler of Class I milk 

18 products to be obligated by a Federal milk mar19 keting order to pay minimum class prices for raw 

20 milk unless the handler operates the plant as a fully 

21 regulated fluid milk distributing plant under a Fed22 eral milk marketing order. 

23 ‘‘(iv) CERTAIN HANDLERS EXEMPTED.—Clause 

24 (i) does not apply to— 
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1 ‘‘(I) a handler (otherwise described in 

2 clause (ii)) that operates a nonpool plant (as 

3 defined in section 1000.8(e) of title 7, Code of 

4 Federal Regulations, as in effect on the date of 

5 the enactment of this subparagraph); 

6 ‘‘(II) a producer-handler (otherwise de7 scribed in clause (ii)) for any month during 

8 which the producer-handler has route disposi9 tions, and sales to other plants, of packaged 

10 fluid milk products equaling less than 

11 3,000,000 pounds of milk; or 

12 ‘‘(III) a handler (otherwise described in 

13 clause (ii)) for any month during which— 

14 ‘‘(aa) less than 25 percent of the total 

15 quantity of fluid milk products physically 

16 received at the plant of the handler (ex17 cluding concentrated milk received from 

18 another plant by agreement for other than 

19 Class I use) is disposed of as route disposi20 tion or is transferred in the form of pack21 aged fluid milk products to other plants; or 

22 ‘‘(bb) less than 25 percent in aggre23 gate of the route disposition or transfers 

24 are in a marketing area or areas located in 

25 one or more States that require handlers 
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1 to pay minimum prices for raw milk pur2 chases. 

3 ‘‘(N) EXEMPTION FOR CERTAIN MILK HANDLERS.— 

4 Notwithstanding any other provision of this section, no 

5 handler with distribution of Class I milk products in the 

6 marketing area described in Order No. 131 shall be ex7 empt during any month from any minimum price require8 ment established by the Secretary under this subsection 

9 if the total distribution of Class I products during the pre10 ceding month of any such handler’s own farm production 

11 exceeds 3,000,000 pounds.’’. 

12 (b) EXCLUSION OF NEVADA FROM FEDERAL MILK

13 MARKETING ORDERS.—Section 8c(11) of the Agriculture 

14 Adjustment Act (7 U.S.C. 608c(11)), reenacted with 

15 amendments by the Agriculture Marketing Agreement Act 

16 of 1937, is amended— 

17 (1) in subparagraph (C), by striking the last 

18 sentence; and 

19 (2) by adding at the end the following new sub20 paragraph: 

21 ‘‘(D) In the case of milk and its products, no county 

22 or other political subdivision of the State of Nevada shall 

23 be within the marketing area definition of any order issued 

24 under this section.’’. 
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1 (c) RECORDS AND FACILITY REQUIREMENTS.—Not2 withstanding any other provision of this section, or the 

3 amendments made by this section, a milk handler (includ4 ing a producer-handler or a producer operating as a han5 dler) that is subject to regulation under this section or 

6 an amendment made by this section shall comply with the 

7 requirements of section 1000.27 of title 7, Code of Federal 

8 Regulations, or a successor regulation, relating to handler 

9 responsibility for records or facilities. 

10 (d) EFFECTIVE DATE AND IMPLEMENTATION.—The 

11 amendments made by this section take effect on the first 

12 day of the first month beginning more than 15 days after 

13 the date of the enactment of this Act. To accomplish the 

14 expedited implementation of these amendments, effective 

15 on the date of the enactment of this Act, the Secretary 

16 of Agriculture shall include in the pool distributing plant 

17 provisions of each Federal milk marketing order issued 

18 under subparagraph (B) of section 8c(5) of the Agri19 culture Adjustment Act (7 U.S.C. 608c(5)), reenacted 

20 with amendments by the Agriculture Marketing Agree21 ment Act of 1937, a provision that a handler described 

22 in subparagraph (M) of such section, as added by sub23 section (a) of this section, will be fully regulated by the 

24 order in which the handler’s distributing plant is located. 
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1 These amendments shall not be subject to a referendum 

2 under section 8c(19) of such Act (7 U.S.C. 608c(19)). 

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