The long-anticipated national public hearing to consider proposed amendments to all 11 Federal Milk Marketing Orders (FMMO) will begin on Aug. 23, likely lasting into October.
The hearing notice was published in the Federal Register, July 24. More details about the hearing can also be found on the USDA Agricultural Marketing Service (AMS) webpage.
The hearing
Convening at 9 a.m. (Eastern time) on Aug. 23, the formal hearing will be held in 502 East Event Centre, a conference center in Carmel, a suburb of Indianapolis, Indiana.
After Aug. 23, the hearing will continue as scheduled by the presiding administrative law judge. Reconvening dates and times will be posted on the hearing website. The hearing will be in recess and will not convene on Sept. 4, 2023, for the Labor Day holiday, nor on Sept. 21-22, 2023.
Producer testimony
In addition to on-site testimony, dairy producers will be able to present comments virtually via Zoom on Fridays, starting Sept. 1, beginning at 12 p.m. (Eastern time), and continuing until the hearing is adjourned. During those sessions, 10 15-minute time slots will be available for dairy farmers to testify virtually.
Pre-registration to testify during those sessions is required, with registration for Friday time slots available starting Monday of the same week on the hearing website. For example, the link to testify on Sept. 1, will be available on Aug. 28.
Other information
The USDA webpage includes links to hearing and exhibit guidelines, including: a webinar on how to prepare to participate in the hearing, advanced exhibit submission and hearing schedules, examples on how to format exhibits and best practices to meet compliance requirements.
Proposals under consideration
The USDA AMS document contains 22 proposals to be considered during the hearing process.
Forty proposals were submitted by stakeholders for consideration. Of those, 21 directly impact FMMO uniform pricing formulas and will be considered during the hearing process. Those proposals contained in the hearing notice seek to amend the milk composition factors, commodity product prices, Class III and Class IV formula factors, base Class I skim milk, and Class I and Class II differentials.
A final proposal, from the USDA AMS Dairy Program, discusses making changes to conform with any amendments that may result from this hearing.
Proposal schedule
The order of proposals to be heard includes:
- Milk composition: Proposals submitted by National Milk Producers Federation (NMPF) and National All-Jersey Inc.
- Surveyed commodity products: Proposals submitted by NMPF, the American Farm Bureau Federation (AFBF) and the California Dairy Campaign
- Class III and Class IV formula factors: Proposals submitted by NMPF, the Wisconsin Cheese Makers Association, the International Dairy Foods Association (IDFA) and Select Milk Producers Inc.
- Base Class I skim milk price: Proposals submitted by NMPF, IDFA, the Milk Innovation Group, Edge Dairy Farmer Cooperative and AFBF
- Class I and Class II differentials: Proposals submitted by NMPF, the Milk Innovation Group and AFBF
- AMS proposal: Submitted by Dairy Programs, Agricultural Marketing Service, USDA
Testimony guidelines
Each individual witness testifying in person will have up to 60 minutes to present their testimony and have direct examination. Any witness for a party with a proposal contained in the hearing notice (except a dairy farmer) must submit written prepared statements and exhibits in advance by email.
According to the advanced exhibit submission schedule, deadlines (by 8 a.m. Eastern time) include:
- Milk composition – Aug. 21
- Surveyed commodity products – Aug. 23
- Class III and IV formula factors – Aug. 30
- Base Class I skim milk price – Sept. 6
- Class I and Class II differentials – Sept. 13
The dates are subject to change, depending on how the hearing is progressing. The dates could be moved later but will not be moved any earlier.
Other interested parties testifying in support or opposition of a proposal are not subject to the advanced exhibit submission schedule. However, exhibits should be electronically submitted by email on the day of scheduled testimony for inclusion in the hearing record.
Pre-registration for in-person testimony is not required. Those interested in participating in the hearing should notify a USDA official upon arrival at the hearing. For additional information, contact Erin Taylor, director, Order Formulation and Enforcement Division, USDA/AMS/Dairy Program, Stop 0225-Room 2530-S, 1400 Independence Avenue SW, Washington, DC 20250-0231, call (202) 720-7311 or email.
Persons requiring a sign language interpreter or other special accommodations should contact Jason Nierman, market administrator, before the hearing begins, at (502) 499-0040 extension 2222 or by email.
