II 118th CONGRESS 1st Session S. 1014 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. Short title This Act may be cited as the Dairy Pricing Opportunity Act of 2023 . 2. Notice and hearings (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall provide notice of, and initiate, national hearings to review Federal milk marketing orders under section 8c(3) of the Agricultural Adjustment Act ( 7 U.S.C. 608c(3) ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, which shall include review and consideration of views and proposals of producers and the dairy industry on the Class I skim milk price, including the higher of Class I skim milk formula described in subsection (b) and any other views and proposals on the Class I skim milk price, and such other matters as the Secretary of Agriculture considers appropriate. (b) Higher of Class I skim milk formula described The higher of Class I skim milk formula referred to in subsection (a) is the formula under which, for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulations), is equal to the sum obtained by adding— (1) the adjusted Class I differential specified in section 1000.52 of that title (or successor regulations); (2) the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of that title (or successor regulations); and (3) the higher of— (A) the advanced pricing factor computed under section 1000.50(q)(1) of that title (or successor regulations); and (B) the advanced pricing factor computed under section 1000.50(q)(2) of that title (or successor regulations). 3. Mandatory reporting of dairy product processing costs Section 273 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637b ) is amended— (1) in subsection (b)(1)— (A) in subparagraph (A)(ii), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) for each manufacturer required to report under subparagraph (A) for any product, require that manufacturer to report cost and yield information, as determined by the Secretary, for all products processed in the same facility or facilities; and (D) require any manufacturer of such other dairy products as determined by the Secretary to report cost and yield information in the same manner as under subparagraph (C), for the purposes of providing information for the regulatory or administrative establishment of pricing rules. ; and (2) in subsection (d), by adding at the end the following: (3) Dairy product processing costs Not later than 2 years after the date of enactment of this paragraph, and every 2 years thereafter, the Secretary shall publish a report containing the information obtained under subparagraphs (C) and (D) of subsection (b)(1). .