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Milk Marketing Orders

Federal Milk Marketing Orders regulate minimum pricing for the purchase of producers' milk in 11 marketing areas of the United States. Western New York does not fall in any of the 11 areas. Instead, it is regulated by the Western New York Milk Marketing Area Order.

Federal

Congress granted the Secretary of Agriculture the right to set Marketing Orders in 7 U.S.C. § 608c. With this right, and the following two criteria met for each marketing area, the Secretary of Agriculture signed 7 C.F.R. §§ 1000-1199, known as the Federal Milk Marketing Orders.

1. Approved by at least two-thirds of the commodity's producers _S
   OR
   by producers who produce two-thirds of the commodity's volume. _S
2. A marketing agreement, "which regulates the handling of such commodity or product in the same manner as such order", is signed by handlers of at least 50 percent of the commodity's volume _S
   OR
   without the signed marketing agreement, and the Department of Agriculture declares "That the issuance of such order is the only practical means of advancing the interests of the producers of such commodity pursuant to the declared policy". _S

The handlers referenced above are defined in 7 U.S.C. § 608c (1) and more concretely in 7 C.F.R. §§ 1000.9, with the subsequent definition of plant found in 7 C.F.R. §§ 1000.4. Loosely, I think of a handler as any non-consumer entity that purchases the commodity.

New York State

The New York State Legislature granted the New York State Commissioner of Agriculture and Markets the right to set Orders fixing prices for milk and marketing agreements in Agriculture and Markets Law § 258 [M], known as the Milk Control Law. With this right, and the approval of two-thirds of producers _S, the Commissioner signed the Western New York Milk Marketing Area Order, stated in Title 1 Part 21 of the New York Codes, Rules and Regulations (NYCRR).

Note: the Order was amended on 2025-10-06, after NYCRR Title 1 Part 21 was last published on 2024-07-31. The New York State Register published rationale for the amendment and its adoption. The amendment itself was published by the Department of Agriculture and Markets, found here.