‘‘(iv) QUARTERLY ANNOUNCEMENT OF 
THE MARKET ACCESS FEE.—For the pur-
pose of announcing the quarterly standard 
market access fee, the Secretary shall use 
the simple average of the three most re-
cently available monthly figures for the 
milk feed ratio. 
‘‘(B) ALTERNATIVE
ACCESS
FEE.—The 
amount of the alternative market access fee to 
be assessed on all commercial milk production 
of a dairy facility that exceeds the allowable 
milk marketings of the dairy facility for a quar-
ter shall be equal to the product obtained by 
multiplying— 
‘‘(i) 5; by 
‘‘(ii) the standard market access fee 
amount per hundredweight of milk. 
‘‘(3) REVISIONS.—The Secretary may make re-
visions to the calculations of the market access fee 
and allowable milk marketing growth rate, but only 
if at least two-thirds of the members of the Producer 
Board support the revisions. For any revisions, the 
Secretary shall consider— 
‘‘(A) the economic conditions of the dairy 
industry in the United States; 
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‘‘(B) the economic conditions of the world 
dairy market; 
‘‘(C) the commercial disappearance of fluid 
and manufactured milk products; 
‘‘(D) the domestic on-farm cost of pro-
ducing raw milk; 
‘‘(E) the domestic farm-gate milk price 
paid to dairy farmers in the United States; 
‘‘(F) the international value of manufac-
tured dairy products; 
‘‘(G) the current United States import/ex-
port balance in dairy products; 
‘‘(H) any foreseen purchases by the Fed-
eral Government for nutrition programs; and 
‘‘(I) any other economic indicator that the 
Secretary determines to be appropriate. 
‘‘(c) ALLOWABLE MILK MARKETINGS.— 
‘‘(1) IN GENERAL.—At least 30 days before the 
first day of each quarter, the Secretary shall— 
‘‘(A) establish the quantity of allowable 
milk marketings for each dairy facility; and 
‘‘(B) notify each dairy facility of the quan-
tity. 
‘‘(2) APPEAL.—A dairy facility may appeal to 
the Secretary any discrepancy in the quantity of al-
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lowable milk marketings established for the dairy fa-
cility. 
‘‘(3) TRANSFERS OF ALLOWABLE MILK MAR-
KETINGS.—The 1 or more owners of the milk-pro-
ducing cows at a dairy facility may transfer, in full, 
the allowable milk marketings associated with the 
dairy facility to— 
‘‘(A) an individual or entity that purchases 
the dairy facility; or 
‘‘(B) another dairy facility under the same 
ownership. 
‘‘(4) LEAP-YEAR ADJUSTMENT.— 
‘‘(A) EFFECT OF LEAP YEAR.—During a 
calendar year that consists of 366 days, 1⁄90th 
of the allowable milk marketings for the first 
quarter shall be added to the allowable milk 
marketings of each dairy producer. 
‘‘(B) SUBSEQUENT
YEAR.—Following a 
year described in subparagraph (A), 1⁄91st of 
the allowable milk marketings shall be sub-
tracted from the allowable milk marketings of 
each dairy producer during the preceding year. 
‘‘(d) COLLECTION OF MARKET ACCESS FEES.— 
‘‘(1) IN
GENERAL.—During any quarter, a 
dairy facility that produces and markets milk in a 
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quantity that is greater than the allowable milk mar-
ketings of the dairy facility for that quarter shall be 
assessed the standard market access fee in the fol-
lowing quarter unless, not later than 7 days after 
the end of the quarter, the dairy facility notifies in 
writing the appropriate local office of the Farm 
Services Agency of the intent of the dairy facility to 
pay the alternative market access fee in lieu of the 
standard market access fee. 
‘‘(2) NOTICE.—Not later than 25 days after the 
end of a quarter during which a dairy facility ex-
ceeded the allowable milk marketings of the dairy fa-
cility, the Secretary shall send to the dairy facility 
and to each of the milk handlers of the dairy facility 
a notice that describes the market access fee to be 
assessed against the dairy facility during the fol-
lowing quarter. 
‘‘(3) MILK HANDLERS.— 
‘‘(A) IN GENERAL.—Each milk handler of 
a dairy facility notified under paragraph (2) 
shall— 
‘‘(i) during the quarter in which the 
milk handler receives the notice, collect an 
assessment per hundredweight of milk 
from the dairy facility in the amount of the 
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market access fee described in the notice; 
and 
‘‘(ii) deposit the assessment amounts 
into the protected account described in 
subsection (f). 
‘‘(B) 
ALTERNATIVE
MARKET
ACCESS 
FEE.—If a dairy facility notifies the appropriate 
local office of the Farm Services Agency under 
paragraph (1) of an intent to pay the alter-
native market access fee, the amount of the as-
sessment described in the notice under para-
graph (2) shall be— 
‘‘(i) deducted from the revenues of the 
dairy facility in 3 equal monthly install-
ments; and 
‘‘(ii) deposited into the protected ac-
count described in subsection (f). 
‘‘(4) SUBSEQUENT OVERAGES.—If a dairy facil-
ity exceeds the allowable milk marketings of the 
dairy facility in a quarter and any of the 4 subse-
quent quarters, the dairy facility shall be assessed a 
market access fee in an amount that is equal to the 
lesser of— 
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‘‘(A) the market access fee announced 
after the first quarter in which the dairy facility 
exceeded the allowable milk marketings; or 
‘‘(B) the market access fee announced for 
the 4 quarters in which the dairy facility subse-
quently exceeds the allowable milk marketings 
of the dairy facility. 
‘‘(5) RESPONSIBILITY.—The milk handler for 
the 1 or more owners of the milk-producing cows at 
a dairy facility that receives a notice under para-
graph (2) shall give notice to the owners that the 
market access fees shall be— 
‘‘(A) deducted from the proceeds of the 
dairy facility; and 
‘‘(B) submitted to the local office of the 
Farm Services Agency with which the owners 
have registered. 
‘‘(e) PAYMENT
OF MARKET ACCESS FEE DIVI-
DENDS.— 
‘‘(1) IN
GENERAL.—During any quarter, a 
dairy facility that produces and markets a quantity 
of milk that is less than or equal to the allowable 
milk marketings of the dairy facility for that quarter 
shall be entitled to receive a market access fee divi-
dend in an amount based on the ratio that— 
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‘‘(A) each hundredweight of allowable milk 
marketings produced during that quarter at the 
dairy facility; bears to 
‘‘(B) total hundredweights produced by all 
facilities that did not exceed their allowable 
milk marketings during that quarter. 
‘‘(2) TOTAL
AMOUNT.—The total amount of 
market access fee dividends available during a quar-
ter shall be equal to the cumulative market access 
fees collected under this subtitle for a quarter. 
‘‘(3) DISTRIBUTION.— 
‘‘(A) IN GENERAL.—The market access fee 
dividends for a quarter shall be distributed to 
each qualifying dairy facility not later than 30 
days after the last day of the following quarter. 
‘‘(B) ELIGIBILITY.—The 1 or more owners 
of the milk-producing cows at a dairy facility 
described in paragraph (1) shall be eligible to 
receive any market access fee dividends paid to 
the dairy facility under this subsection. 
‘‘(C) PAYMENT.—Payment of market ac-
cess fee dividends shall be by check or direct 
deposit. 
‘‘(f) ADMINISTRATION.—Amounts collected by milk 
handlers under subsection (d) shall be deposited into a 
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protected account established by the Secretary from which 
amounts may not be withdrawn other than for distribution 
as market access fee dividends.’’. 
Æ 
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