Page:United States Statutes at Large Volume 110 Part 1.djvu/940

 110 STAT. 916 PUBLIC LAW 104-127—APR. 4, 1996 manner provided in section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, the Secretary shall designate the State of California as a separate Federal milk marketing order. The order covering California shall have the right to reblend and distribute order receipts to recognize quota value. (3) RELATED ISSUES ADDRESSED IN CONSOLIDATION. — Among the issues the Secretary is authorized to implement as part of the consolidation of Federal milk marketing orders are the following: (A) The use of utilization rates and multiple basing points for the pricing of fluid milk. (B) The use of uniform multiple component pricing when developing 1 or more basic formula prices for manufacturing milk. (4) EFFECT OF EXISTING LAW.—In implementing the consolidation of Federal milk marketing orders and related reforms under this subsection, the Secretary may not consider, or base any decision on, the table contained in section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, as added by section 131 of the Food Security Act of 1985. (b) EXPEDITED PROCESS.— (1) USE OF INFORMAL RULEMAKING.—To implement the consolidation of Federal milk marketing orders and related reforms under subsection (a), the Secretary shall use the notice and comment procedures provided in section 553 of title 5, United States Code. (2) TIME LIMITATIONS. — (A) PROPOSED AMENDMENTS.—The Secretary shall announce the proposed amendments to be made under subsection (a) not later than 2 years after the date of enactment of this title. (B) FINAL AMENDMENTS. —The Secretary shall implement the amendments not later than 3 years after the date of enactment of this title. (3) EFFECT OF COURT ORDER.— The actions authorized by this subsection are intended to ensure the timely publication and implementation of new and amended Federal milk marketing orders. In the event that the Secretary is enjoined or otherwise restrained by a court order from publishing or implementing the consolidation and related reforms under subsection (a), the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in paragraph (2) thereby extending those time limitations by a period of time equal to the period of time for which the injunction or other restraining order is effective. (c) FAILURE TO TIMELY CONSOLIDATE ORDERS. —I f the Secretary fails to implement the consolidation required under subsection (a)( 1) within the time period required under subsection (b)(2)(B) (plus any additional period provided under subsection (b)(3)), the Secretary may not assess or collect assessments from milk producers or handlers under such section 8c for marketing order administration and services provided under such section after the end of

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