12 2 STA T . 1 7 2 0PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 SEC.1502 . DAIRYFO R W ARD P RICI NG PROGRA M . (a)PROG R AMREQUI RE D.—TheS e cr e t ar ys ha l l esta b l i sha p r o-g ra mund er w hich mil k producers and cooperati v e associations o f producers are authori z ed to voluntarily enter into forward price contracts with milk handlers. (b) M I N IMUM MI LK PRI C E REQUIREMEN TS .—Payments made by milk handlers to milk producers and cooperative associations of producers , and prices received by milk producers and cooperative associations, in accordance with the terms of a forward price con- tract authorized by subsection (a), shall be treated as satisfying— ( 1 ) all uniform and minimum milk price re q uirements of subparagraphs ( B )and( F ) of paragraph ( 5 ) of section 8 cof the A gricultural Ad j ustment Act ( 7U .S. C . 60 8c), reenacted with amendments by the Agricultural Marketing Agreement Actof1 93 7
and ( 2 ) the total payment requirement of subparagraph (C) of that paragraph. (c) MILK CO V ERED BY PROGRAM.— (1) COVERED MILK.—The program shall apply only with respect to the marketing of federally regulated milk that— (A) is not classified as Class I milk or otherwise intended for fluid use; and (B) is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or for- eign commerce in federally regulated milk. (2) RELATION TO CLASS I MILK.—To assist milk handlers in complying with paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allocate milk receipts from producers, cooperatives, and other sources that are not subject to a forward contract to satisfy the obligations of the handler with regard to Class I milk usage. (d) V OLUNTARY PROGRAM.— (1) IN GENERAL.—A milk handler may not require participa- tion in a forward pricing contract as a condition of the handler receiving milk from a producer or cooperative association of producers. (2) PRICING.—A producer or cooperative association described in paragraph (1) may continue to have their milk priced in accordance with the minimum payment provisions of the Federal milk marketing order. (3) COM P LAINTS.— (A) IN GENERAL.—The Secretary shall investigate com- plaints made by producers or cooperative associations of coercion by handlers to enter into forward contracts. (B) ACTION.—If the Secretary finds evidence of coer- cion, the Secretary shall take appropriate action. (e) D URATION.— (1) N E W CONTRACTS.—No forward price contract may be entered into under the program established under this section after September 30, 2012. (2) APPLICATION.—No forward contract entered into under the program may e x tend beyond September 30, 2015. Terminat i o n d ate .D ead l ine. Ap pli c a b ilit y . 7USC8 77 2 .
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