x

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: 

Milk in the Northeast and Other AO Docket No. 23-J-0067; 

Marketing Areas AMS-DA-23-0031 

Ruling: Official Notice Taken 

This “Ruling: Official Notice Taken” concerns the Hearing on proposed amendments to 

pricing formulas in all 11 Federal Milk Marketing Orders (“FMMOs”), filed as Docket No. 23-J0067; AMS-DA-23-0031, In re: Milk in the Northeast and Other Marketing Areas. 

This Ruling will be incorporated by reference into the Certification of Transcript. 

Following this Ruling will be another ruling regarding Record Exhibits that will also be 

incorporated by reference into the Certification of Transcript. 

Exhibits 506 through 511 were ADMITTED into evidence for a special purpose—to 

request that official notice be taken, avoiding reading into the record all the titles and URLs. 

Official notice is described in Title 7 of the Code of Federal Regulations Section 900.8(d)(5). 7 

C.F.R. § 900.8(d)(5). At times during the Hearing official notice was taken by the judge. The 

Transcript and judges’ orders show those occasions and such official notice remains valid, 

whether or not mentioned in Exhibits 506 through 511. Many official publications are properly 

utilized in Rulemaking with or without official notice having been taken. The special helpfulness 

of Exhibits 506 through 511 is that the titles specify the pertinent part of the publication, and the 

information is readily located by the link to the webpage (URL). 

We now rule on the requests that official notice be taken, found in Exhibits 506 through 511. 

These are the last six (6) exhibits of the Hearing, and we take them in order, beginning with 

Exhibit 506. 

Exhibit 506 (also NMPF 114). In the heading, we insert “BEFORE THE SECRETARY 

OF AGRICULTURE” as the 2nd line of the heading. We strike the docket number shown 

and insert instead Docket No. 23-J-0067. We take official notice of all documents 

identified in Exhibit 506, EXCEPT: 

o We do NOT take official notice of the subject matter suggested by the 2nd 

webpage listed in No. 3 of page 1 under the title USDA Dairy Margin Coverage 

Program—as we prepared this Ruling the 2nd webpage link leads to the error 

message “Page or Content Not Found”; and 

o We do NOT take official notice of the subject matter suggested by the webpage 

listed in No. 15 on page 3 under the title Retail Milk Prices Reports, USDA AMS 

Dairy Programs, Market Information Branch (2023)—as we prepared this Ruling 

the link leads to a webpage displaying the message “404-Not Found”. The 

information may be brought to the Secretary’s attention another way; and 

o We are persuaded to take official notice of No. 6 on page 2 mindful of 

REC'D - USDA/OALJ/HC

O

202

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MAR 20 11:17

A

M
Tr.11,669:6 through 11,670:5; and 

o We are persuaded to take official notice of No. 7 on page 2 mindful of Tr 

11,668:14 through 11,669:6; and Tr 11,670:6 through 11,671:4. 

x Exhibit 507 (also IDFA 69). We take official notice of all documents identified in Exhibit 

507, EXCEPT: 

o We take official notice of the title of No. 12 on page 2 and invite updated 

identification, if any is needed and available, of the webpage(s) (URL(s)) 

identified in the title—as we prepared this Ruling No. 12 on page 2 links to a 

FRED webpage with the message “We’re sorry, the page you were looking for 

cannot be found.” 

x Exhibit 508 (also MIG 68). We take official notice of all documents identified in Exhibit 

508; and 

o We take official notice of the title of the 1st entry on page 2, and ask for updated 

identification, if any is needed and available, of the webpage(s) (URL(s)) 

identified in the title—as we prepared this Ruling, the first entry on page 2 links 

to a webpage that displays the message “404-Not Found”; and 

o We take official notice of the title of the 2nd entry of page 2 and ask for 

additional identification, if any is needed and available, of the webpages (URL(s)) 

identified in the title—we observe that the title does not match the webpage 

(URL) for the 2nd entry on page 2. The webpage leads to “General Provisions and 

Definitions.” Searching for the title provided in Exhibit 508, 2nd entry on page 2, 

shows another possibility, which may include a part of the title: 

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum= 

34001.&lawCode=FAC 

x Exhibit 509 (also Select 10). We take official notice of all documents identified in 

Exhibit 509, EXCEPT: 

o We take official notice of the document found at the webpage (URL) in the 4th 

entry on page 1, titled “Milk in the Northeast and Other Marketing Areas; Interim 

Order Amending the Orders, 73 Fed. Reg. 44,617 (July 31, 2008)” but note that 

the title provided in Exhibit 509, in the 4th entry on page 1, does not match the 

webpage (URL) for the 4th entry on page 1. 

x Exhibit 510 (also MDIA 3). We take official notice of all documents identified in Exhibit 

510. 

x Exhibit 511 (also NAJ 10). We take official notice of all documents identified in Exhibit 

511; and 

o We take official notice of the title in No. 1 on page 1 and ask for updated 

identification, if any is needed and available, of a webpage (URL) that will lead to 

the document identified in the title—we observe that as we prepared this Ruling, 

in No. 1 on page 1 the link leads to a webpage (URL) displaying the message 

“page not found”; and 

o We take official notice of the title reference in No. 16 on page 2 “Final Class 

2 
 

 

 

Prices by Order, Dairy Program, AMS, monthly release, 2022 – Jan. 2024, and 

future releases through March 2024”—we observe that as we prepared this 

Ruling, in No. 16 on page 2 the link leads to a webpage displaying the message 

“404-Not Found”. Caution: the publication’s recent releases are likely not 

evidence in a Hearing that ended January 30, 2024. We ask for updated 

identification, if any is needed and available, of a webpage (URL) that will lead to 

the releases identified in the title; and 

o We observe the mistake in footnote 1 on page 1: the decade the “1040’s” is not 

correct, and that the webpage, the URL in footnote 1, is useful; and 

If we have erred in this Ruling, which will be incorporated by reference in the 

Certification of Transcript (which we expect to issue promptly following 2024 March 22), please 

apprise the Secretary by filing with the Hearing Clerk by the briefing deadline, either within a 

brief or by separate document, notice of our error(s) or additional guidance to the information 

officially noticed. 

We commend for your use the USDA / Agricultural Marketing Service (“AMS”) Hearing 

webpage at: 

https://www.ams.usda.gov/rules-regulations/moa/dairy/hearings/national-fmmo-pricinghearing/transcripts 

and, to scroll down to “Exhibits”, the USDA / AMS webpage at 

https://www.ams.usda.gov/rules-regulations/moa/dairy/hearings/national-fmmo-pricing-hearing 

The most efficient way to file with the Hearing Clerk is to attach a document to an email 

and send to SM.OHA.HearingClerks@usda.gov, or to FAX the document to 1-844-325-6940 if 

you prefer. The Hearing Clerk’s information can also be found on the USDA / AMS webpage 

and on the last page of this order. If emailing or FAXing to the Hearing Clerk, submit once 

(NOT in quadruplicate). To meet deadlines, filings must be RECEIVED by the Hearing Clerk by 

4:30 pm Eastern on the due date. 

Copies of this “Ruling: Official Notice Taken” shall be sent by the Hearing Clerk to each of the 

parties. 

Issued at Washington, D.C., this 20th day of March 2024 

Digitally signed by CHANNING Digitally signed by Jill S Clifton CHANNING STROTHER 

Date: 2024.03.20 09:03:32 Date: 2024.03.20 08:34:53 -04'00' STROTHER -04'00' 

Channing D. Strother Jill S. Clifton 

Chief Administrative Law Judge Administrative Law Judge 

3 
 

Hearing Clerk 

United States Department of Agriculture 

Stop 9203, South Building, Room 1031-S 

1400 Independence Ave SW 

Washington, DC 20250-9203 

Phone: 1-202-720-4443 

Fax: 1-844-325-6940 

sm.oha.HearingClerks@usda.gov 

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CERTIFICATE OF SERVICE 

Milk in the Northeast and Other Marketing Areas 

Docket No.: 23-J-0067 

Having personal knowledge of the foregoing, I declare under penalty of perjury that the information 

herein is true and correct, and this is to certify that a copy of the RULING: OFFICIAL NOTICE TAKEN 

has been furnished and was served by electronic mail upon the following parties on March 20, 2024 by the 

following: 

USDA (OGC) 

Brian Hill, OGC 

Brian.Hill1@usda.gov 

Michelle McMurtray, OGC 

Michelle.McMurtray@usda.gov 

Donna Erwin, OGC 

Donna.Erwin@usda.gov 

Carla Wagner, OGC 

Carla.Wagner@usda.gov 

USDA (OSEC) 

Katharine Ferguson 

Katharine.Ferguson@usda.gov 

Lucas S. Sjostrom, Executive Director 

Minnesota Milk Producers Association 

P.O. Box 65 

Brooten, MN 56316 

E-mail: lucas@mnmilk.org 

Erick Metzger, General Manager 

National All-Jersey, Inc. 

6486 East Main Street 

Reynoldsburg, OH 43068 

E-mail: emetzger@usjersey.com 

Counsel for National All-Jersey, Inc. 

John H. Vetne 

E-mail: johnvetne@gmail.com 

Wendy M. Yoviene 

Baker, Donelson, Berman, Caldwell, 

& Berkowitz PC 

901 K Street, NW, Suite 900 

Washington, DC 20001 

E-mail: wyoviene@bakerdonelson.com 

USDA (AMS) Dairy Programs 

Dana H. Coale, Deputy Administrator 

Dana.Coale@usda.gov 

Erin Taylor, Director Order Formulation and 

Enforcement Division 

Erin.Taylor@usda.gov 

AMS - FMMO Hearing 

FMMOHearing@usda.gov 

Mike Stranz, Vice President of Advocacy 

National Farmers Union 

20 F Street NW, Suite 300 

Washington, DC 20001 

E-mail: mstranz@nfudc.org 

Mike Brown, Chief Economist 

International Dairy Foods Association 

1250 H Street, NW, Suite 900 

Washington, DC 20005 

E-mail: mbrown@idfa.org 

Counsel for National Milk Producers Federation 

Stoel Rives LLP 

101 S. Capitol Blvd., Suite 1900 

Boise, ID 83702 

Bradley R. Prowant 

E-mail: bradley.prowant@stoel.com 

Nicole C. Hancock 

E-mail: nicole.hancock@stoel.com 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

______________________________ 

CERTIFICATE OF SERVICE (cont’d)

Milk in the Northeast and Other Marketing Areas 

Docket No.: 23-J-0067 

Counsel for International Dairy Foods 

Association 

Steven J. Rosenbaum 

Covington & Burling LLP 

1201 Pennsylvania Avenue, NW 

Washington, DC 20004 

E-mail: srosenbaum@cov.com 

American Farm Bureau Federation 

600 Maryland Avenue SW, Suite 1000W 

Washington, DC 20024 

Sam Kieffer 

E-mail: sk@fb.org 

Roger Cryan 

E-mail: rogerc@fb.org 

Danny Munch 

E-mail: dmunch@fb.org 

Erin M. Anthony 

E-mail: erin@fb.org 

Mike Tomko 

E-mail: miket@fb.org 

Marin Bozic 

E-mail: marin@bozic.io 

Mark Lamers 

Lamers Dairy, Inc. 

N410 Speel School Rd. 

Appleton, WI 54915 

E-mail: mark.lamers@lamersdairyinc.com 

Counsel for Select Milk Producers, Inc. 

Ryan K. Miltner 

The Miltner Law Firm, LLC 

100 North Main Street 

P.O. Box 477 

New Knoxville, OH 45871 

E-mail: ryan@miltnerlawfirm.com 

ryan@miltner-reed.com 

Counsel for Milk Innovations Group 

Davis Wright Tremaine LLP 

920 Fifth Avenue, Suite 3300 

Seattle, WA 98104 

Charles M. English, Jr. 

E-mail: chipenglish@dwt.com 

Ashley L. Vulin 

E-mail: ashleyvulin@dwt.com 

Grace Bulger 

E-mail: gracebulger@dwt.com 

Daniel Smith 

E-mail: dsmith@gmavt.net 

dsmith@dairycompact.org 

E-mail: sleperjp@gmail.com 

Respectfully Submitted, 

Wanda Mosby, Legal Assistant 

USDA/Office of Administrative Law Judges 

Hearing Clerk’s Office, Room 1031-S 

1400 Independence Ave., SW 

Washington, DC 20250-9203 

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