110 STAT. 914 PUBLIC LAW 104-127—APR. 4, 1996 Subtitle D—Other Commodities CHAPTER 1—DAIRY 7 USC 7251. SEC. 141. MILK PRICE SUPPORT PROGRAM. (a) SUPPORT ACTIVITIES.—The Secretary of Agriculture shall support the price of milk produced in the 48 contiguous States through the purchase of cheese, butter, and nonfat dry milk produced from the milk. (b) RATE. —The price of milk shall be supported at the following rates per hundredweight for milk containing 3.67 percent butterfat: (1) During calendar year 1996, $10.35. (2) During calendar year 1997, $10.20. (3) During calendar year 1998, $10.05. (4) During calendar year 1999, $9.90. (c) PURCHASE PRICES.—The support purchase prices under this section for each of the products of milk (butter, cheese, and nonfat dry milk) announced by the Secretary shall be the same for all of that product sold by persons offering to sell the product to the Secretary. The purchase prices shall be sufficient to enable plants of average efficiency to pay producers, on average, a price that is not less than the rate of price support for milk in effect under subsection (b). (d) SPECIAL RULE FOR BUTTER AND NONFAT DRY MILK PUR- CHASE PRICES. — (1) ALLOCATION OF PURCHASE PRICES. — The Secretary may allocate the rate of price support between the purchase prices for nonfat dry milk and butter in a manner that will result in the lowest level of expenditures by the Commodity Credit Corporation or achieve such other objectives as the Secretary considers appropriate. Not later than 10 days after making or changing an allocation, the Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the allocation. Section 553 of title 5, United States Code, shall not apply with respect to the implementation of this section. (2) TIMING OF PURCHASE PRICE ADJUSTMENTS.—The Secretary may make any such adjustments in the purchase prices for nonfat dry milk and butter the Secretary considers to be necessary not more than twice in each calendar year. (e) REFUNDS OF 1995 AND 1996 ASSESSMENTS. — (1) REFUND REQUIRED. —The Secretary shall provide for a refund of the entire reduction required under section 204(h)(2) of the Agricultural Act of 1949 (7 U.S.C. 1446e(h)(2)), as in effect on the day before the amendment made by subsection (g), in the price of milk received by a producer during calendar year 1995 or 1996, if the producer provides evidence that the producer did not increase marketings in calendar year 1995 or 1996 when compared to calendar year 1994 or 1995, respectively. (2) EXCEPTION. —T h is subsection shall not apply with respect to a producer for a particular calendar year if the producer has already received a refund under section 204(h) of the Agricultural Act of 1949 for the same fiscal year before the effective date of this section.
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