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packaged fluid milk products to other
plants, in a milk marketing area lo-
cated in a State that requires handlers
to pay minimum prices for raw milk
purchases; and
‘‘(III) is not otherwise obligated
by a Federal milk marketing order, or
a regulated milk pricing plan operated
by a State, to pay minimum class
prices for the raw milk that is used for
the milk dispositions or sales.
‘‘(iii) OBLIGATION
TO
PAY
MINIMUM
CLASS PRICES.—For the purpose of clause
(ii)(III), the Secretary may not consider a
handler of Class I milk products to be obli-
gated by a Federal milk marketing order to
pay minimum class prices for raw milk un-
less the handler operates the plant as a fully
regulated fluid milk distributing plant
under a Federal milk marketing order.
‘‘(iv) CERTAIN
HANDLERS
EXEMPT-
ED.—Clause (i) does not apply to—
‘‘(I) a handler (otherwise de-
scribed in clause (ii)) that operates a
nonpool plant (as defined in section
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1000.8(e) of title 7, Code of Federal
Regulations (as in effect on the date of
enactment of this subparagraph));
‘‘(II) a producer-handler (other-
wise described in clause (ii)) for any
month during which the producer-han-
dler has route dispositions, and sales to
other plants, of packaged fluid milk
products equaling less than 3,000,000
pounds of milk; or
‘‘(III) a handler (otherwise de-
scribed in clause (ii)) for any month
during which—
‘‘(aa) less than 25 percent of
the total quantity of fluid milk
products physically received at the
plant of the handler (excluding
concentrated milk received from
another plant by agreement for
other than Class I use) is disposed
of as route disposition or is trans-
ferred in the form of packaged
fluid milk products to other
plants; or
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‘‘(bb) less than 25 percent in
aggregate of the route disposition
or transfers are in a marketing
area or areas located in 1 or more
States that require handlers to
pay minimum prices for raw milk
purchases.
‘‘(N) EXEMPTION FOR CERTAIN MILK HAN-
DLERS.—Notwithstanding any other provision of
this section, no handler with distribution of
Class I milk products in the Arizona-Las Vegas
marketing area (Order No. 131) shall be exempt
during any month from any minimum milk
price requirement established by the Secretary
under this subsection if the total distribution of
Class I products during the preceding month of
any such handler’s own farm production that ex-
ceeds 3,000,000 pounds.’’.
(b) Section 8c(11) of the Agricultural Adjustment Act
(7 U.S.C. 608c(11)), reenacted with amendments by the Ag-
ricultural Marketing Agreement Act of 1937, is amended—
(1) in subparagraph (C), by striking the last
sentence; and
(2) by adding at the end the following:
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‘‘(D) EXCLUSION
OF
NEVADA
FROM
FED-
ERAL MILK MARKETING ORDERS.—In the case of
milk and its products, no county or other polit-
ical subdivision located in the State of Nevada
shall be within a marketing area covered by any
order issued under this section.’’.
(c) Notwithstanding any other provision of this section
or the amendments made by this section, a milk handler
(including a producer-handler or producer operating as a
handler) that is subject to regulation under this section or
an amendment made by this section shall comply with any
requirement under section 1000.27 of title 7, Code of Fed-
eral Regulations (or a successor regulation) relating to re-
sponsibility of handlers for records or facilities.
(d)(1) This section and the amendments made by this
section take effect on the first day of the first month begin-
ning more than 15 days after the date of enactment of this
Act.
(2) To accomplish the expedited implementation sched-
ule for the amendment made by subsection (a), effective on
the date of enactment of this Act, the Secretary of Agri-
culture shall ensure that the pool distributing plant provi-
sions of each Federal milk marketing order issued under
section 8c(5)(B) of the Agricultural Adjustment Act (7
U.S.C. 608c(5)(B)), reenacted with amendments by the Ag-
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ricultural Marketing Agreement of 1937, provides that a
handler described in section 8c(5)(M) of the Agricultural
Adjustment Act, reenacted with amendments by the Agricul-
tural Marketing Agreement of 1937 (as added by subsection
(a))), will be fully regulated by the order in which the dis-
tributing plant of the handler is located.
(3) Implementation of this section and the amend-
ments made by this section shall not be subject to a ref-
erendum under section 8c(19) of the Agricultural Adjust-
ment Act (7 U.S.C. 608c(19)), reenacted with amendments
by the Agricultural Marketing Agreement Act of 1937.
SEC. 780. (a) Subject to subsection (b), none of the
funds made available in this Act may be used to—
(1) grant a waiver of a financial conflict of in-
terest requirement pursuant to section 505(n)(4) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(n)(4)) for any voting member of an advisory
committee or panel of the Food and Drug Adminis-
tration; or
(2) make a certification under section 208(b)(3)
of title 18, United States Code, for any such voting
member.
(b) Subsection (a) shall not apply to a waiver or cer-
tification if—
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(1) not later than 15 days prior to a meeting of
an advisory committee or panel to which such waiver
or certification applies, the Secretary of Health and
Human Services discloses on the Internet website of
the Food and Drug Administration—
(A) the nature of the conflict of interest at
issue; and
(B) the nature and basis of such waiver or
certification (other than information exempted
from disclosure under section 552 of title 5,
United States Code (popularly known as the
Freedom of Information Act)); or
(2) in the case of a conflict of interest that be-
comes known to the Secretary less than 15 days prior
to a meeting to which such waiver or certification ap-
plies, the Secretary shall make such public disclosure
as soon as possible thereafter, but in no event later
than the date of such meeting.
(c) None of the funds made available in this Act may
be used to make a new appointment to an advisory com-
mittee or panel of the Food and Drug Administration un-
less the Commissioner of Food and Drugs submits a con-
fidential report to the Inspector General of the Department
of Health and Human Services of the efforts made to iden-