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USDA/AMS RIN: 0581-AC87 Publication ID: Spring 2010 
Title: National Dairy Promotion and Research Program; Dairy Import Assessments 
Abstract: The Dairy Act authorizes the Order for dairy product promotion, research, and nutrition education as part of a comprehensive strategy to increase human consumption of milk and dairy products and to reduce milk surpluses. The program functions to strengthen the dairy industry’s position in the marketplace by maintaining and expanding domestic and foreign consumption of fluid milk and dairy products. Amendments to the Order are pursuant to the 2002 and 2008 Farm Bills. The 2002 Farm Bill mandates that the Order be amended to implement an assessment on imported dairy products to fund promotion and research. The 2008 Farm Bill specifies a mandatory assessment rate of 7.5-cent per hundredweight of milk, or equivalent thereof, on dairy products imported into the United States. Additionally, in accordance with the 2008 Farm Bill, the term “United States” is the Dairy Act is amended to mean all States, the District of Columbia, and the Commonwealth of Puerto Rico. Producers in these areas will be assessed 15 cents per hundredweight for all milk produced and marketed. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 1150   
Legal Authority: 7 USC 4501 to 4514    7 USC 7401   
Legal Deadline:
Action Source Description Date
Final  Statutory  Assessments on imported dairy products must be implemented by deadline.  09/19/2008 

Overall Description of Deadline: With the passage of Section 1507 in the 2008 Farm Bill, the Dairy Act was amended to apply certain assessments to Alaska, Hawaii, the District of Columbia, and the Commonwealth of Puerto Rico. The 2008 Farm Bill authorized the Secretary to issue regulations to implement the mandatory dairy import assessment without providing a notice and comment period. However, due to the interest of affected parties, a notice and comment period was provided.

Timetable:
Action Date FR Cite
NPRM  05/19/2009  74 FR 23359   
NPRM Comment Period End  06/18/2009    
Final Action  10/00/2010    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Whitney Rick
Director, Promotion, Research & Planning Division
Department of Agriculture
Agricultural Marketing Service
1400 Independence Avenue SW,
Washington, DC 20250
Phone:202 720-6961
Email: whitney.rick@usda.gov