§ 7253. Consolidation and reform of Federal milk marketing orders
(a)
Amendment of orders
(1)
Required consolidation
The Secretary shall amend Federal milk marketing orders issued under section
608c of this title to limit the number of Federal milk marketing orders to not less than 10 and not more than 14 orders.
(2)
Inclusion of California as separate order
Upon the petition and approval of California dairy producers in the manner provided in section
608c of this title, the Secretary shall designate the State of California as a separate Federal milk marketing order. The order covering California shall have the right to reblend and distribute order receipts to recognize quota value.
(b)
Expedited process
(2)
Time limitations
(3)
Effect of court order
The actions authorized by this subsection are intended to ensure the timely publication and implementation of new and amended Federal milk marketing orders. In the event that the Secretary is enjoined or otherwise restrained by a court order from publishing or implementing the consolidation and related reforms under subsection (a) of this section, the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in paragraph (2) thereby extending those time limitations by a period of time equal to the period of time for which the injunction or other restraining order is effective.
(c)
Failure to timely consolidate orders
If the Secretary fails to implement the consolidation required under subsection (a)(1) of this section within the time period required under subsection (b)(2)(B) of this section (plus any additional period provided under subsection (b)(3) of this section), the Secretary may not assess or collect assessments from milk producers or handlers under such section
608c of this title for marketing order administration and services provided under such section after the end of that period until the consolidation is completed. The Secretary may not reduce the level of services provided under the section on account of the prohibition against assessments, but shall rather cover the cost of marketing order administration and services through funds available for the Agricultural Marketing Service of the Department.
(d)
Report regarding further reforms
(1)
Report required
Not later than April 1, 1997, the Secretary shall submit to Congress a report—
(A)
reviewing the Federal milk marketing order system established pursuant to section
608c of this title in light of the reforms required by subsection (a) of this section;