USDA Revisits a Dairy Exemption Definition That Has Lasted Since 1999
Published Date: 10/23/2026
Notice
Summary
The USDA’s Agricultural Marketing Service wants to hear from dairy farmers and others about how monthly sales limits for exempt plants have been working since 1999. They’re checking if market conditions have changed and if the rules need updating. If you’re involved in dairy sales, now’s your chance to share your thoughts before November 23, 2026!
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Current de minimis limit: 150,000 lb/month
The Federal milk marketing order (FMMO) regulations define the de minimis exempt plant route disposition limit as 150,000 pounds or less per month. That definition was set during the Order Reform final rule published September 1, 1999 and has not been amended since.
Stakeholders can submit comments by Nov 23
If you are a dairy farmer, handler, or other dairy industry stakeholder, you can submit comments to USDA/AMS about the exempt plant monthly route sales limit. Comments must be received by November 23, 2026 and can be submitted at https://www.regulations.gov (reference the document number) or by mail to USDA/AMS/Dairy Programs, Stop 0225—Room 2530, 1400 Independence Avenue SW, Washington, DC 20250-0225.
Small business size standard cited: 1,150 employees
AMS asks about effects on small businesses and notes that the Small Business Administration currently defines a small fluid milk processing plant (or a larger company operating multiple plants) as having 1,150 or fewer employees collectively.
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