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(5) of section 8c of the Agricultural Adjustment Act 
(7 U.S.C. 627), reenacted with amendments by the 
Agricultural Marketing Agreement Act of 1937; and 
(2) the total payment requirement of paragraph 
(C) of such subsection. 
(c) MILK COVERED BY PROGRAM.— 
(1) COVERED MILK.—The program shall apply 
only with respect to the marketing of federally regu-
lated milk that— 
(A) is not classified as Class I milk or oth-
erwise intended for fluid use; and 
(B) is in the current of interstate or for-
eign commerce or directly burdens, obstructs, or 
affects interstate or foreign commerce in feder-
ally regulated milk. 
(2) RELATION
TO
CLASS
I
MILK.—To assist 
milk handlers in complying with the limitation in 
paragraph (1)(A) without having to segregate or 
otherwise individually track the source and disposi-
tion of milk, a milk handler may allocate milk re-
ceipts from producers, cooperatives, and other 
sources that are not subject to a forward contract to 
satisfy the handler’s obligations with regard to Class 
I milk usage.
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(d) VOLUNTARY PROGRAM.—A milk handler may not 
require participation in a forward pricing contract as a 
condition of the handler receiving milk from a producer 
or cooperative association of producers, and such producer 
or cooperative association may continue to have their milk 
priced under the order’s minimum payment provisions. 
The Secretary shall investigate complaints made by pro-
ducers or cooperative associations of coercion by handlers 
to enter into forward contracts, and if the Secretary finds 
evidence of such coercion, the Secretary shall take appro-
priate action. 
(e) DURATION.—No forward price contract may be 
entered into under this program after September 30, 
2012, and no forward contract entered into under the pro-
gram may extend beyond September 30, 2015. 
SEC. 1403. DAIRY EXPORT INCENTIVE PROGRAM. 
(a) EXTENSION.—Subsection (a) of section 153 of 
the Food Security Act of 1985 (15 U.S.C. 713a–14) is 
amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 
(b) COMPLIANCE WITH TRADE AGREEMENTS.—Sec-
tion 153 of the Food Security Act of 1985 (15 U.S.C. 
713a–14) is amended— 
(1) in subsection (c), by striking paragraph (3) 
and inserting the following new paragraph:
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‘‘(3) the maximum volume of dairy product ex-
ports allowable consistent with the obligations of the 
United States under the Uruguay Round Agree-
ments approved under section 101 of the Uruguay 
Round Agreements Act (19 U.S.C. 3511) is exported 
under the program each year (minus the volume sold 
under section 1163 of this Act (Public Law 99–198; 
7 U.S.C. 1731 note) during that year), except to the 
extent that the export of such a volume under the 
program would, in the judgment of the Secretary, 
exceed the limitations on the value set forth in sub-
section (f); and’’; and. 
(2) in subsection (f), by striking paragraph (1) 
and inserting the following new paragraph: 
‘‘(1) FUNDS
AND
COMMODITIES.—Except as 
provided in paragraph (2), the Commodity Credit 
Corporation shall in each year use money and com-
modities for the program under this section in the 
maximum amount consistent with the obligations of 
the United States under the Uruguay Round Agree-
ments approved under section 101 of the Uruguay 
Round Agreements Act (19 U.S.C. 3511), minus the 
amount expended under section 1163 of this Act 
(Public Law 99–198; 7 U.S.C. 1731 note) during 
that year.’’.
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SEC. 1404. REVISION OF FEDERAL MARKETING ORDER 
AMENDMENT PROCEDURES. 
Subsection (17) of section 8c of the Agricultural Ad-
justment Act (7 U.S.C. 608c), reenacted with amendments 
by the Agricultural Marketing Agreement Act of 1937, is 
amended to read as follows: 
‘‘(17) PROVISIONS APPLICABLE TO AMENDMENTS.— 
‘‘(A) APPLICABILITY
TO
AMENDMENTS.—The 
provisions of this section and section 8d, applicable 
to orders shall be applicable to amendments to or-
ders. 
‘‘(B) ADVANCE NOTICE OF HEARING.—Notice 
of a hearing upon a proposed amendment to any 
order issued pursuant to this section shall be given 
not less than 3 days before the date fixed for the 
hearing, and such notice shall be deemed to be due 
notice of the hearing. 
‘‘(C) PROMPT
RESPONSE
TO
REQUESTS
FOR 
AMENDMENT HEARINGS.—Not more than 30 days 
after receipt of a written request for an amendment 
hearing regarding a milk marketing order, the Sec-
retary shall— 
‘‘(i) issue a denial of the request; or 
‘‘(ii) issue notice of the hearing, which 
shall begin no more than 60 days, and conclude
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no more than 90 days, after receipt of the re-
quest. 
‘‘(D) SUBMISSION AND USE OF EVIDENCE.— 
The proponents of any amendment proposed to be 
made to a milk marketing order shall file with the 
Secretary all testimony and other evidence in sup-
port of the amendment, in written form, at least 7 
business days before the date fixed for the hearing. 
The Secretary shall make such written testimony 
and other evidence available to interested members 
of the public. Subject to any evidentiary objections 
and cross examination of submitting witness, the 
written testimony and evidence shall be entered into 
evidence without being read at the hearing. 
‘‘(E) ISSUANCE OF DECISION.—The Secretary 
shall issue a recommended decision on a proposed 
amendment to a milk marketing order not later than 
90 days after the date set by the Administrative 
Law Judge for the submission of post-hearing pro-
posed findings and conclusions and written argu-
ments or briefs. The final decision shall be issued 
not later than 60 days after the date on which the 
recommended decision was issued. 
‘‘(F) AVOIDING DUPLICATION.—The Secretary 
shall not be required to call a hearing on any
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amendment proposed to be made to a milk mar-
keting order in response to an application for a 
hearing on such proposed amendment if the applica-
tion requesting the hearing is received by the Sec-
retary within 90 days after the date on which the 
Secretary has announced the decision on a pre-
viously proposed amendment to that order and the 
two proposed amendments are essentially the 
same.’’. 
SEC. 1405. DAIRY INDEMNITY PROGRAM. 
Section 3 of Public Law 90–484 (7 U.S.C. 450l) is 
amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 1406. EXTENSION OF MILK INCOME LOSS CONTRACT 
PROGRAM. 
Section 1502(c)(3)(B) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 7982(c)(3)(B)), 
as amended by section 9006(a) of the U.S. Troop Readi-
ness, Veterans’ Care, Katrina Recovery, and Iraq Ac-
countability Appropriations Act, 2007 (Public Law 110– 
28, 121 Stat. 217), is amended by striking ‘‘2007’’ and 
inserting ‘‘2012’’. 
SEC. 1407. DAIRY PROMOTION AND RESEARCH PROGRAM. 
(a) EXTENSION OF PROMOTION AUTHORITY.—Sec-
tion 113(e)(2) of the Dairy Production Stabilization Act