Page:United States Statutes at Large Volume 122.djvu/1015

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12 2 STA T .9 92 PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8withamend ment sby the Agr i cul tural M ar k eting Agreement Act of1937; and (2) the total p ayment re q uirement of subparagraph ( C ) of that paragraph . (c) M ILK C OVER E DBYP RO G R AM . — (1) COVERED MILK.— T he 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) R ELA T IO N TO C LA S S I MILK.—To assist milk handlers in complying with paragraph (1)(A) without ha v ing 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 sub j ect to a forward contract to satisfy the obligations of the handler with regard to Class I milk usage. (d) V OL U NTARY 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 F ederal milk marketing order. (3) COM P LAINTS.— (A) IN GENERAL.—The S ecretary 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 3 0 , 2012. (2) APPLICATION.—No forward contract entered into under the program may e x tend beyond September 30, 201 5 . SEC.1503 . DAIRY E XPO R T I N CENTI V E PRO G RA M . (a) EX TENSION.—Section 153(a) of the Food Security Act of 19 8 5 (15 U .S.C. 713a – 1 4 (a)) is amended by striking ‘ ‘2007 ’ ’ and inserting ‘‘2012’’. (b) COMPLIANCE W IT H TRADE AGREEMENTS.—Section 153 of the Food Security Act of 1985 (15 U.S.C. 713a–14) is amended— (1) in subsection (c), by striking paragraph (3) and inserting the following

‘‘(3) the maximum volume of dairy product exports allow- able consistent with the obligations of the United States under the Uruguay Round Agreements approved under section 101 of the Uruguay Round Agreements Act (19 U.S.C. 3511) is exported under the program each year (minus the volume sold under section 11 6 3 of this Act during that year), except to the extent that the export of such a volume under the program Terminat i o n d ate .D ead l ine. Ap pli c a b ilit y .