Page:United States Statutes at Large Volume 120.djvu/359

 120 STAT. 328

PUBLIC LAW 109–215—APR. 11, 2006

Public Law 109–215 109th Congress An Act Apr. 11, 2006 [S. 2120]

Milk Regulatory Equity Act of 2005. 7 USC 601 note.

To ensure regulatory equity between and among all dairy farmers and handlers for sales of packaged fluid milk in federally regulated milk marketing areas and into certain non-federally regulated milk marketing areas from federally regulated areas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Milk Regulatory Equity Act of 2005’’. SEC. 2. MILK REGULATORY EQUITY.

Applicability.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

(a) MINIMUM MILK PRICES FOR HANDLERS; EXEMPTION.—Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following new subparagraphs: ‘‘(M) MINIMUM MILK PRICES FOR HANDLERS.— ‘‘(i) APPLICATION OF MINIMUM PRICE REQUIREMENTS.—Notwithstanding any other provision of this section, a milk handler described in clause (ii) shall be subject to all of the minimum and uniform price requirements of a Federal milk marketing order issued pursuant to this section applicable to the county in which the plant of the handler is located, at Federal order class prices, if the handler has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases. ‘‘(ii) COVERED MILK HANDLERS.—Except as provided in clause (iv), clause (i) applies to a handler of Class I milk products (including a producer-handler or producer operating as a handler) that— ‘‘(I) operates a plant that is located within the boundaries of a Federal order milk marketing area (as those boundaries are in effect as of the date of the enactment of this subparagraph); ‘‘(II) has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a milk marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases; and ‘‘(III) is not otherwise obligated by a Federal milk marketing order, or a regulated milk pricing plan operated

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