Page:United States Statutes at Large Volume 122.djvu/1747

 12 2 STA T . 1 7 2 4PUBLIC LA W 11 0– 24 6—J U NE 1 8, 2008 theamoun t sp e cif ie d in su b section ( c ) ( 2 )( A ) used to dete r mine the pa y ment rate for that month sha l l be increased by 45 percent of the percenta g eby w hich the N ational A v erage D airy F eed R ation C ost e x ceeds $7.3 5 per hundredweight. (2) SUBSEQ UE NTADJ UST M ENT AUT HORI T Y . — For any month beginning on or after September 1, 2 0 12, if the National Aver - age Dairy Feed Ration Cost for the month is greater than $ 9 .50 per hundredweight, the amount specified in subsection (c)(2)(A) used to determine the payment rate for that month shall be increased by 45 percent of the percentage by which the National Average Dairy Feed Ration Cost exceeds $9.50 per hundredweight. (3) NATIONA L A V ERA G E DAIRY F EED RATION C OST.—For each month, the Secretary shall calculate a National Average Dairy Feed Ration Cost per hundredweight using the same procedures (ad j usted to a hundredweight basis) used to calculate the feed components of the estimated price of 1 6%M ixed Dairy Feed per pound noted on page 33 of the U SDA March 200 8 Agricul- tural P rices publication (including the data and factors noted in footnote 4). (e) PAYMENT Q UANTITY.— (1) I N GENERAL.—Subject to paragraph (2), the payment q uantity for a producer during the applicable month under this section shall be equal to the quantity of eligible production mar k eted by the producer during the month. (2) L IMITATION.— (A) IN GENERAL.— T he payment quantity for all pro- ducers on a single dairy operation for which the producers receive payments under subsection (b) shall not exceed— (i) for the period beginning O ctober 1, 2007, and ending September 30, 2008, 2,400,000 pounds (ii) for the period beginning October 1, 2008, and ending August 31, 2012, 2,985,000 pounds for each fiscal year; and (iii) effective beginning September 1, 2012, 2,400,000 pounds per fiscal year. ( B ) STANDARDS.—For purposes of determining whether producers are producers on separate dairy operations or a single dairy operation, the Secretary shall apply the same standards as were applied in implementing the dairy program under section 805 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106 – 387; 114 Stat. 1549A–50). (3) RECONSTITUTION.—The Secretary shall ensure that a producer does not reconstitute a dairy operation for the sole purpose of receiving additional payments under this section. (f) PAYMENTS.—A payment under a contract under this section shall be made on a monthly basis not later than 60 days after the last day of the month for which the payment is made. (g) SIGNU P .—The Secretary shall offer to enter into contracts under this section during the period beginning on the date that is 90 days after the date of enactment of this Act and ending on September 30, 2012. (h) DURATION OF CONTRACT.— (1) IN GENERAL.— E xcept as provided in paragraph (2), any contract entered into by producers on a dairy farm under this Contrac t s.Timep erio d . D ead l ine. A pplica b ilit y . Ef fecti v e date. Time periods.

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