Title 7, AgricultureRelease 119-110

§7251 Milk Price Support Program

Title 7 › CHAPTER 100 — AGRICULTURAL MARKET TRANSITION › SUBCHAPTER IV — OTHER COMMODITIES › Part A — Dairy › § 7251

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Agriculture must support milk prices in the 48 contiguous States by buying cheese, butter, and nonfat dry milk made from that milk. The support price for milk with 3.67 percent butterfat is set per hundredweight as follows: $10.35 for 1996; $10.20 for 1997; $10.05 for 1998; $9.90 for each year 1999 through 2001; and $9.90 for the period January 1 through May 31, 2002. The Secretary will set the purchase prices for butter, cheese, and nonfat dry milk the same for everyone selling to the Secretary, and those prices must be high enough so that an average plant can pay producers at least the supported milk price. The Secretary may divide the support between butter and nonfat dry milk to lower Commodity Credit Corporation costs or for other objectives, and may change those allocations no more than twice a year. The Secretary must tell the House and Senate Agriculture Committees within 10 days after making or changing an allocation. Producers who prove they did not increase marketings in 1995 or 1996 compared with the prior year must get a refund of the full reduction required under section 204(h)(2) of the Agricultural Act of 1949 (7 U.S.C. 1446e(h)(2)) as it existed before the change made by subsection (g), unless they already received such a refund for the same fiscal year before this section took effect. Those refunds are not treated as price support or payments under sections 3811 and 3821 of title 16. The Commodity Credit Corporation will run the program. The program is effective from the first day of the first month beginning after April 4, 1996, and ends on May 31, 2002; it terminates on May 31, 2002 and is considered expired despite section 907 of title 2.

Full Legal Text

Title 7, §7251

Agriculture, Source: USLM XML via OLRC

(a)Support activities
The Secretary of Agriculture shall support the price of milk produced in the 48 contiguous States through the purchase of cheese, butter, and nonfat dry milk produced from the milk.
(b)Rate
The price of milk shall be supported at the following rates per hundredweight for milk containing 3.67 percent butterfat:
(1)During calendar year 1996, $10.35.
(2)During calendar year 1997, $10.20.
(3)During calendar year 1998, $10.05.
(4)During each of calendar years 1999 through 2001, $9.90.
(5)During the period beginning on January 1, 2002, and ending on May 31, 2002, $9.90.
(c)Purchase prices
The support purchase prices under this section for each of the products of milk (butter, cheese, and nonfat dry milk) announced by the Secretary shall be the same for all of that product sold by persons offering to sell the product to the Secretary. The purchase prices shall be sufficient to enable plants of average efficiency to pay producers, on average, a price that is not less than the rate of price support for milk in effect under subsection (b).
(d)Special rule for butter and nonfat dry milk purchase prices
(1)Allocation of purchase prices
The Secretary may allocate the rate of price support between the purchase prices for nonfat dry milk and butter in a manner that will result in the lowest level of expenditures by the Commodity Credit Corporation or achieve such other objectives as the Secretary considers appropriate. Not later than 10 days after making or changing an allocation, the Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the allocation. Section 553 of title 5 shall not apply with respect to the implementation of this section.
(2)Timing of purchase price adjustments
The Secretary may make any such adjustments in the purchase prices for nonfat dry milk and butter the Secretary considers to be necessary not more than twice in each calendar year.
(e)Refunds of 1995 and 1996 assessments
(1)Refund required
The Secretary shall provide for a refund of the entire reduction required under section 204(h)(2) of the Agricultural Act of 1949 (7 U.S.C. 1446e(h)(2)), as in effect on the day before the amendment made by subsection (g), in the price of milk received by a producer during calendar year 1995 or 1996, if the producer provides evidence that the producer did not increase marketings in calendar year 1995 or 1996 when compared to calendar year 1994 or 1995, respectively.
(2)Exception
This subsection shall not apply with respect to a producer for a particular calendar year if the producer has already received a refund under section 204(h) of the Agricultural Act of 1949 for the same fiscal year before the effective date of this section.
(3)Treatment of refund
A refund under this subsection shall not be considered as any type of price support or payment for purposes of section 3811 and 3821 of title 16.
(f)Commodity Credit Corporation
The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.
(g)Omitted
(h)Period of effectiveness
This section (other than subsection (g)) shall be effective only during the period beginning on the first day of the first month beginning after April 4, 1996, and ending on May 31, 2002. The program authorized by this section shall terminate on May 31, 2002, and shall be considered to have expired notwithstanding section 907 of title 2.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 204 of the Agricultural Act of 1949, referred to in subsec. (e)(1), (2), was classified to section 1446e of this title prior to repeal by subsec. (g) of this section. See Codification note below. Codification Section is comprised of section 141 of Pub. L. 104–127. Subsec. (g) of section 141 of Pub. L. 104–127 repealed section 1446e of this title and enacted provisions set out as a note under section 1446e of this title.

Amendments

2001—Subsec. (b)(5). Pub. L. 107–76, § 772(a)(1), added par. (5). Subsec. (h). Pub. L. 107–76, § 772(a)(2), substituted “
May 31, 2002” for “
December 31, 2001” in two places. 2000—Subsec. (b)(4). Pub. L. 106–387, § 1(a) [title VII, § 742(a)(1)], substituted “through 2001” for “and 2000”. Subsec. (h). Pub. L. 106–387, § 1(a) [title VII, § 742(a)(2)], substituted “2001” for “2000” in two places. 1999—Subsec. (b)(4). Pub. L. 106–78, § 807(a)(1), substituted “each of calendar years 1999 and 2000” for “calendar year 1999”. Subsec. (h). Pub. L. 106–78, § 807(a)(2), substituted “2000” for “1999” in two places.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7251

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110