US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 8772

Dairy forward pricing program

(a)

Program required

The Secretary shall establish a program under which milk producers and cooperative associations of producers are authorized to voluntarily enter into forward price contracts with milk handlers.

(b)

Minimum milk price requirements

Payments made by milk handlers to milk producers and cooperative associations of producers, and prices received by milk producers and cooperative associations, in accordance with the terms of a forward price contract authorized by subsection (a), shall be treated as satisfying—
(1)
section 608c of this title all uniform and minimum milk price requirements of subparagraphs (B) and (F) of paragraph (5) of ; and
(2)
the total payment requirement of subparagraph (C) of that paragraph.
(c)

Milk covered by program

(1)

Covered milk

The 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 foreign commerce in federally regulated milk.
(2)

Relation to Class I milk

To assist milk handlers in complying with paragraph (1)(A) without having 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 subject to a forward contract to satisfy the obligations of the handler with regard to Class I milk usage.

(d)

Voluntary program

(1)

In general

A milk handler may not require participation in a forward pricing contract as a condition of the handler receiving milk from a producer or cooperative association of producers.

(2)

Pricing

1

1 So in original. Probably should be “its”.
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 Federal milk marketing order.

(3)

Complaints

(A)

In general

The Secretary shall investigate complaints made by producers or cooperative associations of coercion by handlers to enter into forward contracts.

(B)

Action

If the Secretary finds evidence of coercion, the Secretary shall take appropriate action.

(e)

Duration

(1)

New contracts

No forward price contract may be entered into under the program established under this section after .

(2)

Application

No forward contract entered into under the program may extend beyond .

Pub. L. 110–234, title I, § 1502122 Stat. 991Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title I, § 1424128 Stat. 695Pub. L. 115–334, title I, § 1402(a)132 Stat. 4518Pub. L. 118–22, div. B, title I, § 102(c)(2)(C)137 Stat. 116Pub. L. 118–158, div. D, § 4101(c)(4)(B)138 Stat. 1769Pub. L. 119–37, div. E, § 5002(c)(1)139 Stat. 627(, , ; , title I, § 1502, , , 1720; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Codification

Pub. L. 110–246Pub. L. 110–246section 701(a) of Pub. L. 112–240section 8701 of this titleThe authorities provided by each provision of, and each amendment made by, , as in effect on , to continue, and the Secretary of Agriculture to carry out the authorities, until the later of , or the date specified in the provision of, or amendment made by, , see , set out in a 1-Year Extension of Agricultural Programs note under .

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .

Amendments

Pub. L. 119–372025—Subsec. (e)(2). substituted “2029” for “2028”.

Pub. L. 118–1582024—Subsec. (e)(2). substituted “2028” for “2027”.

Pub. L. 118–222023—Subsec. (e)(2). substituted “2027” for “2026”.

Pub. L. 115–334, § 1402(a)(1)2018—Subsec. (e)(1). , substituted “2023” for “2018”.

Pub. L. 115–334, § 1402(a)(2)Subsec. (e)(2). , substituted “2026” for “2021”.

Pub. L. 113–79, § 1424(1)2014—Subsec. (e)(1). , substituted “2018” for “2012”.

Pub. L. 113–79, § 1424(2)Subsec. (e)(2). , substituted “2021” for “2015”.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–37section 5002(g) of Pub. L. 119–37section 9001 of this titleAmendment by to be applied and administered as if enacted on , see , set out in an Extension of Agricultural Programs note under .

Effective Date of 2024 Amendment

Pub. L. 118–158section 4101(g) of Pub. L. 118–158section 9001 of this titleAmendment by to be applied and administered as if enacted on , see , set out in an Extension of Agricultural Programs note under .

Effective Date of 2023 Amendment

Pub. L. 118–22section 102(g) of Pub. L. 118–22section 9001 of this titleAmendment by to be applied and administered as if enacted on , see , set out in an Extension of Agricultural Programs note under .

Effective Date

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleEnactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under .