7 U.S.C. § 7256

Northeast Interstate Dairy Compact

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Congress hereby consents to the Northeast Interstate Dairy Compact entered into among the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont as specified in section 1(b) Senate 11 So in original. Probably should be preceded by “of”. Joint Resolution 28 of the 104th Congress, as placed on the calendar of the Senate, subject to the following conditions:(1) Finding of compelling public interest

Based upon a finding by the Secretary of a compelling public interest in the Compact region, the Secretary may grant the States that have ratified the Northeast Interstate Dairy Compact, as of April 4, 1996, the authority to implement the Northeast Interstate Dairy Compact.

(2) Limitation on manufacturing price

The Northeast Interstate Dairy Compact Commission shall not regulate Class II, Class III, or Class III–A milk used for manufacturing purposes or any other milk, other than Class I (fluid) milk, as defined by a Federal milk marketing order issued under section 608c of this title.

(3) Duration

Consent for the Northeast Interstate Dairy Compact shall terminate on September 30, 2001.

(4) Additional States

Delaware, New Jersey, New York, Pennsylvania, Maryland, and Virginia are the only additional States that may join the Northeast Interstate Dairy Compact, individually or otherwise, if upon entry the State is contiguous to a participating State and if Congress consents to the entry of the State into the Compact after April 4, 1996.

(5) Compensation of Commodity Credit Corporation

Before the end of each fiscal year that a Compact price regulation is in effect, the Northeast Interstate Dairy Compact Commission shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation that result from the projected rate of increase in milk production for the fiscal year within the Compact region in excess of the projected national average rate of the increase in milk production, as determined by the Secretary.

(6) Milk marketing order Administrator

At the request of the Northeast Interstate Dairy Compact Commission, the Administrator of the applicable Federal milk marketing order issued under section 608c(5) 22 See References in Text note below. of this title shall provide technical assistance to the Compact Commission and be compensated for that assistance.

(7) Further conditions

The Northeast Interstate Dairy Compact Commission shall not prohibit or in any way limit the marketing in the Compact region of any milk or milk product produced in any other production area in the United States. The Compact Commission shall respect and abide by the ongoing procedures between Federal milk marketing orders with respect to the sharing of proceeds from sales within the Compact region of bulk milk, packaged milk, or producer milk originating from outside of the Compact region. The Compact Commission shall not use compensatory payments under section 10(6) of the Compact as a barrier to the entry of milk into the Compact region or for any other purpose. Establishment of a Compact over-order price, in itself, shall not be considered a compensatory payment or a limitation or prohibition on the marketing of milk.

(Pub. L. 104–127, title I, § 147, Apr. 4, 1996, 110 Stat. 919; Pub. L. 106–113, div. B, § 1000(a)(8) [§ 4], Nov. 29, 1999, 113 Stat. 1536, 1501A–520.)Editorial NotesReferences in Text

Section 608c(5) of this title, referred to in par. (6), was in the original “section 8(c)5 of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937,” which was translated as meaning section 8c(5) of the Agricultural Adjustment Act, to reflect the probable intent of Congress.

Amendments

1999—Par. (3). Pub. L. 106–113 substituted “on September 30, 2001.” for “concurrent with the Secretary’s implementation of the dairy pricing and Federal milk marketing order consolidation and reforms under section 7253 of this title.”

Notes of Decisions

Cited in 8 cases, 1997–2003 · leading case: New York State Dairy Foods, Inc. v. Ne. Dairy Compact Comm'n, 198 F.3d 1 (1st Cir. 1999).

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New York State Dairy Foods, Inc. v. Ne. Dairy Compact Comm'n, 198 F.3d 1 (1st Cir. 1999). · cites it 5× “See 1996 Farm Bill, 7 U.S.C. § 7256 (1996). The Commission’s primary purpose is to regulate milk prices in the signatory states.”

Milk Indus. Found. v. Glickman, 132 F.3d 1467 (D.C. Cir. 1998). · cites it 3× “Congress purported to consent to the Compact with the passage of the Federal Agricultural Improvement and Reform Act of 1996 (“FAIRA”) § 147, 7 U.S.C. § 7256 (Supp.1996). Congress conditioned its consent on a finding of a “compelling public *1471 interest” by the Secretary of…”

New York State Dairy Foods, Inc. v. Ne. Dairy Compact Comm'n, 26 F. Supp. 2d 249 (D. Mass. 1998). · cites it 6× “919 (codified at 7 U.S.C. § 7256 ), Congress consented to the Compact, which gave the Commission authority to regulate Class I (fluid use) milk.”

The Organic Cow, Llc, a Vermont Corp. v. Ctr. for New England Dairy Compact Rsch., 335 F.3d 66 (2d Cir. 2003). “888 (codified at 7 U.S.C. § 7256 ), Congress consented to the Northeast Interstate Dairy Compact, S.”

Milk Indus. Found. v. Glickman, 967 F. Supp. 564 (D.D.C. 1997). “7 U.S.C. § 7256 (3). In his March 20, 1997 Amplified Decision, the Secretary stated that the Department of Agriculture is committed to meeting the deadline of April 4, 1999 to reform and restructure milk marketing orders through a rulemaking process.”

Organic Cow, LLC v. Ne. Dairy Compact Comm'n, 46 F. Supp. 2d 298 (D. Vt. 1999). “See, generally, 7 U.S.C. § 7256 (1) — (7); and 7 C.F.R. § 1381.”

Grant's Dairy, Inc. v. McLaughlin, 20 F. Supp. 2d 112 (D. Me. 1998). “See 7 U.S.C. § 7256 . The Northeast Interstate Dairy Compact authorizes the New England states to fix minimum milk prices at a level higher than those established by federal regulation.”

Organic Cow, LLC v. Ne. Dairy Compact Comm'n, 164 F. Supp. 2d 412 (D. Vt. 2001). “See 7 U.S.C.A. § 7256 (West 1999 & Supp.2001).”

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