I
105TH CONGRESS
1ST SESSION
H. R. 2068
To provide for the establishment of a multiple-tier price support program
for milk to assist milk producers to receive an adequate income from
their dairy operations and to support long-term conservation practices
by milk producers, while assuring sufficient low-cost dairy products for
nutrition assistance programs.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 1997
Mr. SANDERS introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To provide for the establishment of a multiple-tier price
support program for milk to assist milk producers to
receive an adequate income from their dairy operations
and to support long-term conservation practices by milk
producers, while assuring sufficient low-cost dairy prod-
ucts for nutrition assistance programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Dairy, Nutrition, and Conservation Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Producer referendum to recommend implementation of milk supply
management and nutrition assistance provisions.
Sec. 3. National Milk Marketing Board.
Sec. 4. Alternative milk price support and inventory management program.
Sec. 5. Monitoring activities of National Milk Marketing Board.
Sec. 6. Financial assistance for environmental conservation compliance by milk
producers.
Sec. 7. Producer export contracts.
SEC. 2. PRODUCER REFERENDUM TO RECOMMEND IMPLE-
MENTATION OF MILK SUPPLY MANAGEMENT
AND NUTRITION ASSISTANCE PROVISIONS.
(a) REFERENDUM.—Not later than 30 days after the
date of the enactment of this Act, the Secretary of Agri-
culture shall conduct a referendum to determine whether
milk producers in the 48 contiguous States favor the im-
plementation of the alternative milk price support and in-
ventory management program under section 4 in lieu of
applying the rate of price support specified in section 141
of the Agricultural Market Transition Act (7 U.S.C.
7251).
(b) ELIGIBLE VOTERS.—The Secretary shall conduct
the referendum only among individual milk producers in
the 48 contiguous States who have been producing milk
during a representative period, as determined by the Sec-
retary. The Secretary shall maintain a list of eligible vot-
ers and make it available upon request. Only individual
producers may cast ballots in the referendum. An organi-
zation or other person representing milk producers, in-
cluding a general farm organization, may not cast ballots
in the referendum on behalf of milk producers.
(c) CASTING BALLOTS.—The Secretary shall estab-
lish the methods by which ballots may be cast in the ref-
erendum, except that the referendum shall be conducted
by secret ballot. Bloc voting shall not be permitted. The
voting methods established by the Secretary shall include
casting ballots by mail (subject to appropriate safeguards)
and in person with a representative of the county office,
or another office, of the Consolidated Farm Service Agen-
cy.
(d) IMPLEMENTATION REQUIRED.—If the Secretary
determines that a simple majority of the milk producers
voting in the referendum favor the implementation of the
alternative milk price support and inventory management
program under section 4, the Secretary (acting through
the National Milk Marketing Board established by section
3) shall carry out the provisions of such section, beginning
with the first calendar year that begins after the date on
which the referendum is completed. Section 141 of the Ag-
ricultural Market Transition Act (7 U.S.C. 7251) shall not
apply during and after that calendar year.
(e) CONFORMING AMENDMENT.—Section 141 of the
Agricultural Market Transition Act (7 U.S.C. 7251) is
amended by adding at the end the following new sub-
section:
‘‘(i) EFFECT OF IMPLEMENTATION OF ALTERNATIVE
MILK PROGRAM.—Notwithstanding subsection (h), upon
the implementation of the alternative milk price support
and inventory management program under the Dairy, Nu-
trition, and Conservation Act of 1997, if required by sec-
tion 2 of such Act, the support price requiremments of
this section shall not apply.’’.
SEC. 3. NATIONAL MILK MARKETING BOARD.
(a) ELECTION OF BOARD REQUIRED.—
(1) ELECTION.—If the implementation of the
alternative milk price support and inventory man-
agement program under section 4 is approved in the
referendum required by section 2, the Secretary of
Agriculture shall conduct an election for a National
Milk Marketing Board to assist the Secretary in es-
tablishing an adequate national supply and demand
for milk under the alternative milk price support
and inventory management program under section 4.
To the extent practicable, the election shall be con-
ducted not later than 60 days before the date on
which the alternative milk price support and inven-
tory management program takes effect. If the elec-
tion is not completed by that date, or the Board is
not capable of participating in the alternative milk
price support and inventory management program
by that date, the Secretary shall temporarily operate
the program until the Board determines that it is
ready to assume its duties under the program.
(2) BOARD
DEFINED.—For purposes of this
Act, the term ‘‘Board’’ means the National Milk
Marketing Board elected under this section.
(b) MEMBERSHIP.—The Board shall consist of 23
members as follows:
(1) Fourteen milk producers, two from each re-
gion specified in subsection (c), who shall be elected
by milk producers.
(2) Seven representatives of consumers of milk
and milk products, one from each region specified in
subsection (c), who may not be milk producers, but
who shall be elected by milk producers.
(3) Two members appointed by the Secretary
from among individuals who have a demonstrable ex-
pertise in the area of milk production, processing, or
marketing.
(c) ELECTION PROCESS.—
(1) CONDUCT OF ELECTIONS.—The Secretary
shall conduct elections to select the members of the
Board specified in paragraphs (1) and (2) of sub-
section (b). A separate election shall be held in each
of the seven geographic regions specified in para-
graph (2) to elect the two milk producer members
and one consumer member from each region. The
initial elections may be conducted by the Secretary
in conjunction with the referendum required under
section 2 to permit the timely establishment of the
Board before the date on which the alternative milk
price support and inventory management program
would take effect.
(2) BOARD REGIONS.—For purposes of electing
members for the Board, the 48 contiguous States
shall be organized into seven geographic regions as
follows:
(A) California, Oregon, and Washington.
(B) Arizona, Arkansas, Colorado, Idaho,
Kansas, Montana, Nevada, New Mexico, Okla-
homa, Texas, Utah, and Wyoming.
(C) Iowa, Minnesota, Missouri, Nebraska,
North Dakota, and South Dakota.
(D) Wisconsin and Illinois.
(E) Alabama, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, South
Carolina, Tennessee, and Virginia.
(F) Delaware, Indiana, Maryland, Michi-
gan, New Jersey, Ohio, Pennsylvania, and West
Virginia.
(G) Connecticut, Maine, Massachusetts,
New Hampshire, New York, Rhode Island, and
Vermont.
(3) PROCEDURE FOR ELECTION.—As soon as
practicable after the date of the enactment of this
Act, the Secretary shall conduct a broad-based pub-
licity effort about the election process and solicit the
names of individuals to be included as candidates on
the ballot for the election in each region. The names
of proposed milk producer members may be submit-
ted by milk producers in the region or by organiza-
tions, except that each nominee must be supported
by at least 25 individual milk producer signatures,
and the nominee must be a milk producer who has
sold milk in the past six months. The names of pro-
posed consumer members may be submitted by such
persons as the Secretary considers appropriate.
(4) CONFLICT
OF
INTEREST.—The Secretary
shall reject any nominee to an elected position who
is directly involved in the marketing of dairy prod-
ucts, since the election of such a nominee would cre-
ate a conflict of interest.
(5) VOTING BY PRODUCERS.—
(A) ELIGIBLE
VOTERS.—The Secretary
shall conduct an election in each region to de-
termine the members of the Board from that
region. The election shall be conducted only
among individual milk producers who have been
producing milk during any six months of the
previous year.
(B) PROHIBITION ON BLOC VOTING.—Only
individual milk producers may cast ballots in
the election. An organization or other person
representing milk producers, including a gen-
eral farm organization, may not cast ballots in
the election on behalf of milk producers.
(C) CASTING
BALLOTS.—The Secretary
shall establish the methods by which ballots
may be cast. Such methods shall include casting
ballots by mail (subject to appropriate safe-
guards) and in person with a representative of
the county or other office of the Consolidated
Farm Service Agency.
(d) REGIONAL BOARD.—The three members elected
to the Board from each region shall also serve as a Re-
gional Milk Marketing Board for that region.
(e) MEETINGS OF THE BOARD.—
(1) FIRST MEETING.—Within two weeks after
the completion of the first election of Board mem-
bers under subsection (d) in each region, the Board
shall convene for its initial meeting and elect offi-
cers.
(2) OTHER MEETINGS.—The Board shall meet
at the call of the chair, or as requested by the Sec-
retary, but at least once every three months. The
public shall be notified of meetings one month prior
to each meeting.
(f) PROCEDURES OF THE BOARD.—
(1) QUORUM.—A quorum of the Board shall be
12 members.
(2) RULES OF PROCEDURE AND BYLAWS.—The
Board shall adopt written bylaws and rules of proce-
dures to govern its operations.
(3) EX OFFICIO REPRESENTATION.—The Board
shall notify the Secretary in advance of each meeting
of the Board. The Secretary, or a representative of
the Secretary, shall attend each meeting as a non-
voting ex officio member of the Board.
(g) TERMS; COMPENSATION.—
(1) FULL TERM.—Each member of the Board
shall serve a four-year term, except that, for the ini-
tial Board, the member elected under subsection