Pub. L. 110-234, tit. I, subtit. E, sec. 1509

FEDERAL MILK MARKETING ORDER REVIEW COMMISSION.

EnactedYear: 2008Length: 643 wordsOfficial source
SEC. 1509. FEDERAL MILK MARKETING ORDER REVIEW COMMISSION.(a) Establishment.—Subject to the availability of appropriations to carry out this section, the Secretary shall establish a commission to be known as the “Federal Milk Marketing Order Review Commission” (referred to in this section as the “commission”), which shall conduct a comprehensive review and evaluation of—(1) the Federal milk marketing order system in effect on the date of establishment of the commission; and(2) non-Federal milk marketing order systems.(b) Elements of Review and Evaluation.—As part of the review and evaluation under subsection (a), the commission shall consider legislative and regulatory options for—(1) ensuring that the competitiveness of dairy products with other competing products in the marketplace is preserved and enhanced;(2) enhancing the competitiveness of American dairy producers in world markets;(3) ensuring the competitiveness and transparency in dairy pricing;(4) streamlining and expediting the process by which amendments to Federal milk market orders are adopted;(5) simplifying the Federal milk marketing order system;(6) evaluating whether the Federal milk marketing order system serves the interests of dairy producers, consumers, and dairy processors; and(7) evaluating the nutritional composition of milk, including the potential benefits and costs of adjusting the milk content standards.(c) Membership.—(1) Composition.—The commission shall consist of 14 members.(2) Members.—As soon as practicable after the date on which funds are first made available to carry out this section, the Secretary shall appoint members to the commission according to the following requirements:(A) At least 1 member shall represent a national consumer organization.(B) At least 4 members shall represent land-grant universities or NLGCA Institutions (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) with accredited dairy economic programs, with at least 2 of those members being experts in the field of economics.(C) At least 1 member shall represent the food and beverage retail sector.122 STAT. 999(D) 4 dairy producers and 4 dairy processors, appointed so as to balance geographical distribution of milk production and dairy processing, reflect all segments of dairy processing, and represent all regions of the United States equitably, including States that operate outside of a Federal milk marketing order.(3) Chair.—The commission shall elect 1 of the appointed members of the commission to serve as chairperson for the duration of the proceedings of the commission.(4) Vacancy.—Any vacancy occurring before the termination of the commission shall be filled in the same manner as the original appointment.(5) Compensation.—Members of the commission shall serve without compensation, but shall be reimbursed by the Secretary from existing budget authority for necessary and reasonable expenses incurred in the performance of the duties of the commission.(d) Report.—(1) In general.—Not later than 2 years after the date of the first meeting of the commission, the commission shall submit to Congress and the Secretary a report describing the results of the review and evaluation conducted under this section, including such recommendations regarding the legislative and regulatory options considered under subsection (b) as the commission considers to be appropriate.(2) Opinions.—The report findings shall reflect, to the maximum extent practicable, a consensus opinion of the commission members, but the report may include majority and minority findings regarding those matters for which consensus was not reached.(e) Advisory Nature.—The commission is wholly advisory in nature, and the recommendations of the commission are nonbinding.(f) No Effect on Existing Programs.—The Secretary shall not allow the existence of the commission to impede, delay, or otherwise affect any decisionmaking process of the Department of Agriculture, including any rulemaking procedures planned, proposed, or near completion.(g) Administrative Assistance.—The Secretary shall provide administrative support to the commission, and expend to carry out this section such funds as necessary from budget authority available to the Secretary.(h) Authorization of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.(i) Termination.—The commission shall terminate effective on the date of the submission of the report under subsection (d).