As the dairy industry changes, the U.S. Department of
Agriculture (USDA) provides a process for amending the
regulatory structure of Federal milk marketing orders
(Federal orders) to keep pace with industry needs. This
brochure outlines the steps followed under the formal
rulemaking, process from introduction of a proposal
through the producer referendum and implementa-
tion. The rulemaking process is designed to allow for
maximum public participation.
Any producer, handler, or other interested party may
submit a proposal for consideration and request a
hearing to establish a new Federal order or amend one
or more provisions of an existing Federal order. The
rulemaking procedures outlined in this brochure are
governed by the Federal Administrative Procedures Act
and USDA’s Rules of Practice and Procedure.
Mail Proposals to:
Deputy Administrator
USDA - AMS - Dairy Programs
Stop 0225
Room 2968 - South
1400 Independence Ave., S.W.
Washington, DC 20250-0225
Proposal Requirements
Proposals to amend a Federal order must contain the
following, as applicable:
y An explanation of the proposal, including its purpose,
and a description of the marketing conditions that the
proposal is intended to address.
y A description of the current Federal order
requirements or industry practices relative to the
proposal.
y A description and quantification of the expected
impact on all segments of the industry, including
producers, handlers, and consumers.
y A description and quantification of the expected
impact on small businesses as defined by the
Regulatory Flexibility Act (5 U.S.C. 601-612).
This brochure is designed to provide an overview of the
Federal milk marketing order amendment process. It is
not intended to provide comprehensive guidance on the
rulemaking process. Rules for amendatory proceedings
of Federal orders can be found in Title 7 of the Code of
Federal Regulations (CFR), Subtitle B-Regulations of
the U.S. Department of Agriculture, Part 900-General
Regulations.
For information concerning proposals to amend provi-
sions of the Federal order program, visit
USDA is an equal opportunity provider, employer, and
lender.
October 2018
y An explanation of how adoption of the proposed
amendment would increase or decrease costs to
producers, handlers, consumers, and others in the
marketing chain.
y A response as to whether a pre-hearing information
session would be helpful to explain and understand the
proposal. Information from such a session can aid USDA
in determining the necessity of holding a hearing.
Informal Rulemaking
For provisions that do not directly affect milk prices,
USDA may elect to use informal rulemaking procedures to
amend Federal orders. Such procedures typically shorten
the rulemaking process. Informal rulemaking is a three-
step process in which:
USDA recognizes that a regulation needs to be issued or
changed;
USDA publishes a proposed rule and provides time for
public comment; and
USDA considers the submitted comments and issues a
final rule.
United States
Department of
Agriculture
Federal Milk
Marketing Order
Program:
Understanding
the Milk Order
Amendment Process
Formal Rulemaking: Steps
for Amending a Federal Milk
Marketing Order
USDA has to issue an “action plan” to
complete the hearing within request
additional information from proponent(s), or deny a
request. USDA may decide to hold a pre-hearing infor-
mation session in response to a proposal. Information
sessions provide an opportunity for interested parties to
present their proposal to a USDA panel.
A Notice of Hearing is published in the Federal
Register, and can be found online at:
Once the Notice of Hearing is issued, the ex parte period
begins. During this time, USDA employees may not
discuss the merits of the proposal(s) with interested
persons or their representatives unless all parties are
given notice and allowed to participate.
Requests for preparation of USDA data to be
used at a hearing must be received at least
before the beginning of the hearing. If a hearing
is announced less than prior to the start of the
hearing, data requests must be submitted within
following the publication of the Notice of Hearing.
Those proposing amendments and participat-
ing in a hearing as witnesses must make copies of their
testimony and any other exhibits available to USDA
officials before the hearing begins on their expected day
of testimony. Individual dairy farmers are not subject to
this requirement.
The USDA Secretary appoints a presiding official
to oversee a public hearing conducted in accor-
dance with the rules of practice for formal rulemaking.
The hearing record is made available within
of the completion of the hearing and can be found online at:
Interested persons may file suggested corrections
to the transcript of testimony by a date determined by
the presiding official, not to exceed after the
hearing record is made available.
Interested persons may file proposed findings and
conclusions, and written arguments or briefs, by a date
determined by the presiding official, not to exceed
after completion of the hearing.
USDA shall issue a recommended decision or,
when applicable, a tentative final decision, not later than
after the deadline for submission of post-hearing
briefs. The decision is published in the
Comments and exceptions to a recommended decision
may be filed with the USDA Hearing Clerk not later than
after publication of the recommended decision
in the unless otherwise specified in
that decision. Comments and exceptions may also be
filed online using the Federal eRulemaking portal at:
USDA shall issue a final decision not later
than after the deadline for submis-
sion of comments and exceptions to the recommended
decision. The final decision is published in the
Through a referendum process, producers
are able to approve the Federal order(s) as amended, or
reject the proposed changes, effectively terminating the
Federal order(s). If approved by producers, the amend-
ment(s) to the order(s) are published in the
as a final rule. The publication of the final rule
announces when the amendment(s) become effective and
concludes the rulemaking process.
Pacific
Northwest
F.O. 124
Upper Midwest F.O. 30
Mideast
F.O. 33
Southeast
F.O. 7
Florida
F.O. 6
Appalachian
F.O. 5
Northeast
F.O. 1
California
F.O. 51
Arizona
F.O. 131
Southwest
F.O. 126
Central
F.O. 32
