As the dairy industry changes, the U.S. Department of 

Agriculture (USDA) provides a process for amending the 

regulatory structure of Federal milk marketing orders 

(Federal orders) to keep pace with industry needs. This 

brochure outlines the steps followed under the formal 

rulemaking, process from introduction of a proposal 

through the producer referendum and implementation. The rulemaking process is designed to allow for 

maximum public participation. 

Any producer, handler, or other interested party may 

submit a proposal for consideration and request a 

hearing to establish a new Federal order or amend one 

or more provisions of an existing Federal order. The 

rulemaking procedures outlined in this brochure are 

governed by the Federal Administrative Procedures Act 

and USDA’s Rules of Practice and Procedure.

Mail Proposals to:

Deputy Administrator

USDA - AMS - Dairy Programs

Stop 0225 

Room 2968 - South

1400 Independence Ave., S.W. 

Washington, DC 20250-0225

Proposal Requirements

Proposals to amend a Federal order must contain the 

following, as applicable: 

y An explanation of the proposal, including its purpose, 

and a description of the marketing conditions that the 

proposal is intended to address. 

y A description of the current Federal order 

requirements or industry practices relative to the 

proposal. 

y A description and quantification of the expected 

impact on all segments of the industry, including 

producers, handlers, and consumers.

y A description and quantification of the expected 

impact on small businesses as defined by the 

Regulatory Flexibility Act (5 U.S.C. 601-612). 

This brochure is designed to provide an overview of the 

Federal milk marketing order amendment process. It is 

not intended to provide comprehensive guidance on the 

rulemaking process. Rules for amendatory proceedings 

of Federal orders can be found in Title 7 of the Code of 

Federal Regulations (CFR), Subtitle B-Regulations of 

the U.S. Department of Agriculture, Part 900-General 

Regulations. 

For information concerning proposals to amend provisions of the Federal order program, visit

www.ams.usda.gov/rules-regulations/moa/dairy.

USDA is an equal opportunity provider, employer, and 

lender. 

October 2018

y An explanation of how adoption of the proposed 

amendment would increase or decrease costs to 

producers, handlers, consumers, and others in the 

marketing chain. 

y A response as to whether a pre-hearing information 

session would be helpful to explain and understand the 

proposal. Information from such a session can aid USDA 

in determining the necessity of holding a hearing.

Informal Rulemaking

For provisions that do not directly affect milk prices, 

USDA may elect to use informal rulemaking procedures to 

amend Federal orders. Such procedures typically shorten 

the rulemaking process. Informal rulemaking is a threestep process in which: 

1.USDA recognizes that a regulation needs to be issued or 

changed; 

2.USDA publishes a proposed rule and provides time for 

public comment; and 

3.USDA considers the submitted comments and issues a 

final rule.

United States 

Department of 

Agriculture

Agricultural Marketing Service

Federal Milk 

Marketing Order 

Program:

Understanding 

the Milk Order 

Amendment Process
Formal Rulemaking: Steps 

for Amending a Federal Milk 

Marketing Order

1 USDA Receives A Proposal.

USDA has 30 days to issue an “action plan” to 

complete the hearing within 120 days, request 

additional information from proponent(s), or deny a 

request. USDA may decide to hold a pre-hearing information session in response to a proposal. Information 

sessions provide an opportunity for interested parties to 

present their proposal to a USDA panel.

2

USDA Issues a Notice of Hearing.

A Notice of Hearing is published in the Federal 

Register, and can be found online at: 

www.federalregister.gov

Once the Notice of Hearing is issued, the ex parte period 

begins. During this time, USDA employees may not 

discuss the merits of the proposal(s) with interested 

persons or their representatives unless all parties are 

given notice and allowed to participate.

3 Proponents Request USDA Data.

Requests for preparation of USDA data to be 

used at a hearing must be received at least 10

days before the beginning of the hearing. If a hearing 

is announced less than 10 days prior to the start of the 

hearing, data requests must be submitted within 2 days

following the publication of the Notice of Hearing.

4 Witnesses submit Testimony in

Advance.

Those proposing amendments and participating in a hearing as witnesses must make copies of their 

testimony and any other exhibits available to USDA 

officials before the hearing begins on their expected day 

of testimony. Individual dairy farmers are not subject to 

this requirement.

5

USDA Holds Public Hearing.

The USDA Secretary appoints a presiding official 

to oversee a public hearing conducted in accordance with the rules of practice for formal rulemaking.

6 USDA Makes the Hearing Record

Available.

The hearing record is made available within 2 weeks

of the completion of the hearing and can be found online at: 

www.ams.usda.gov/rules-regulations/moa/dairy.

7 Parties File Corrections to

Transcript.

Interested persons may file suggested corrections 

to the transcript of testimony by a date determined by 

the presiding official, not to exceed 30 days after the 

hearing record is made available.

8

Participants File Post-Hearing

Briefs.

Interested persons may file proposed findings and 

conclusions, and written arguments or briefs, by a date 

determined by the presiding official, not to exceed 60

days after completion of the hearing.

9 USDA Issues a Recommended

Decision.

USDA shall issue a recommended decision or, 

when applicable, a tentative final decision, not later than 

90 days after the deadline for submission of post-hearing 

briefs. The decision is published in the Federal Register.

10 Parties File Comments and

Exceptions to Recommended

Decision.

Comments and exceptions to a recommended decision 

may be filed with the USDA Hearing Clerk not later than

60 days after publication of the recommended decision 

in the Federal Register, unless otherwise specified in 

that decision. Comments and exceptions may also be 

filed online using the Federal eRulemaking portal at: 

www.regulations.gov.

11 USDA Issues a Final Decision.

USDA shall issue a final decision not later 

than 60 days after the deadline for submission of comments and exceptions to the recommended 

decision. The final decision is published in the Federal

Register.

12 USDA Holds a Referendum and

Implements the Amendments.

Through a referendum process, producers 

are able to approve the Federal order(s) as amended, or 

reject the proposed changes, effectively terminating the 

Federal order(s). If approved by producers, the amendment(s) to the order(s) are published in the Federal

Register as a final rule. The publication of the final rule 

announces when the amendment(s) become effective and 

concludes the rulemaking process.

11 Federal Milk Marketing Order Areas

Pacific 

Northwest 

F.O. 124 Upper Midwest F.O. 30

Mideast 

F.O. 33

Southeast 

F.O. 7

Florida 

F.O. 6

Appalachian 

F.O. 5

Northeast 

F.O. 1

California 

F.O. 51

Arizona 

F.O. 131

Southwest 

F.O. 126

Central 

F.O. 32