II 

118TH CONGRESS 

1ST SESSION S. 1014 

To require the Secretary of Agriculture to initiate hearings to review Federal 

milk marketing orders relating to pricing of Class I skim milk, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2023 

Mrs. GILLIBRAND (for herself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To require the Secretary of Agriculture to initiate hearings 

to review Federal milk marketing orders relating to pricing of Class I skim milk, 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 ‘‘Dairy Pricing Oppor5 tunity Act of 2023’’. 

6 SEC. 2. NOTICE AND HEARINGS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Secretary of Agriculture 

9 shall provide notice of, and initiate, national hearings to 


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1 review Federal milk marketing orders under section 8c(3) 

2 of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), 

3 reenacted with amendments by the Agricultural Marketing 

4 Agreement Act of 1937, which shall include review and 

5 consideration of views and proposals of producers and the 

6 dairy industry on the Class I skim milk price, including 

7 the ‘‘higher of’’ Class I skim milk formula described in 

8 subsection (b) and any other views and proposals on the 

9 Class I skim milk price, and such other matters as the 

10 Secretary of Agriculture considers appropriate. 

11 (b) ‘‘HIGHER OF’’ CLASS I SKIM MILK FORMULA

12 DESCRIBED.—The ‘‘higher of’’ Class I skim milk formula 

13 referred to in subsection (a) is the formula under which, 

14 for purposes of determining prices for milk of the highest 

15 use classification, the Class I skim milk price per hundred16 weight specified in section 1000.50(b) of title 7, Code of 

17 Federal Regulations (or successor regulations), is equal to 

18 the sum obtained by adding— 

19 (1) the adjusted Class I differential specified in 

20 section 1000.52 of that title (or successor regula21 tions); 

22 (2) the adjustment to Class I prices specified in 

23 sections 1005.51(b), 1006.51(b), and 1007.51(b) of 

24 that title (or successor regulations); and 

25 (3) the higher of— 


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1 (A) the advanced pricing factor computed 

2 under section 1000.50(q)(1) of that title (or 

3 successor regulations); and 

4 (B) the advanced pricing factor computed 

5 under section 1000.50(q)(2) of that title (or 

6 successor regulations). 

7 SEC. 3. MANDATORY REPORTING OF DAIRY PRODUCT 

8 PROCESSING COSTS. 

9 Section 273 of the Agricultural Marketing Act of 

10 1946 (7 U.S.C. 1637b) is amended— 

11 (1) in subsection (b)(1)— 

12 (A) in subparagraph (A)(ii), by striking 

13 ‘‘and’’ at the end; 

14 (B) in subparagraph (B), by striking the 

15 period at the end and inserting a semicolon; 

16 and 

17 (C) by adding at the end the following: 

18 ‘‘(C) for each manufacturer required to re19 port under subparagraph (A) for any product, 

20 require that manufacturer to report cost and 

21 yield information, as determined by the Sec22 retary, for all products processed in the same 

23 facility or facilities; and 

24 ‘‘(D) require any manufacturer of such 

25 other dairy products as determined by the SecVerDate Sep 11 2014 04:58 Apr 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1014.IS S1014

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1 retary to report cost and yield information in 

2 the same manner as under subparagraph (C), 

3 for the purposes of providing information for 

4 the regulatory or administrative establishment 

5 of pricing rules.’’; and 

6 (2) in subsection (d), by adding at the end the 

7 following: 

8 ‘‘(3) DAIRY PRODUCT PROCESSING COSTS.—Not 

9 later than 2 years after the date of enactment of 

10 this paragraph, and every 2 years thereafter, the 

11 Secretary shall publish a report containing the infor12 mation obtained under subparagraphs (C) and (D) 

13 of subsection (b)(1).’’. 

Æ 


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