The Vermont and Maine legislatures swiftly ratified the Compact in 1999. The legislation was vigorously debated in the next few years in a number of other states, but no further action resulted. After a dormant period, a group of legislators and commissioners of agriculture decided to pursue the initiative in a more coordinated fashion. Together with dairy farm leaders, these state officials established the Northeast Interstate Dairy Compact Committee in the summer of 1992, to coordinate a formal effort to obtain legislative approval of the Compact in the four remaining New England states.[1]
The coordinated legislative initiative proceeded quickly. Connecticut, New Hampshire and Rhode Island adopted the Compact in their ensuing winter/spring legislative sessions of 1993. The following fall, the Supreme Court struck down Massachusetts’ individual state pricing program,[2] and the Massachusetts’ legislature adopted the Compact soon thereafter. In every instance, the state enabling legislation passed quickly and by large margins—sometimes, unanimously.[3]
The original text of the Compact was modified in significant part during this second installment of the interstate legislative process. In direct response to concerns raised by the predominantly consumer-oriented southern New England states, a requirement was added that each state delegation to the Commission must include at least one consumer representative. In addition, after further review of the requirement that the compact not impinge on the national interest, a provision was added to ensure expressly that price regulation would not serve as an incentive for the production of surplus milk. In addition to earlier-resolved issue of market discrimination between in-region and out-of-region producers, surplus milk production was identified as being another possible source of adverse impact on the national milk market, and therefore the concern of Congress in determining whether to approve the Compact. While the details of the procedure were left up to the Commission, the text was made mandatory in its requirement that a plan had to be adopted as part of any price regulation.[4]
[1] The Committee was co-chaired by Harold Howrigan, president of St Albans Cooperative and Carl Peterson, president of Agrimark, Inc. The Committee also included Gordie Cook and Ron Morrissette, dairy farmers from Massachusetts and Vermont, the six New England commissioners of agriculture, and Representative Bobby Starr and now-Congressman John McHugh. Dan Smith served as the Committee’s executive director.
[2] West Lynn Creamery, Inc. v. Healy, 512 U.S. 186 (1994)
[3] As noted, the first version of the Compact passed the legislatures of Maine and Vermont in 1989. (The Vermont legislature actually passed four versions of the Compact text, in response to amendments made during the interstate legislative process.) The final, modified version, presently in force, passed the legislatures of all six New England states by the following vote tallies: Connecticut’s House voted 143 to 4 in favor of the Compact; its Senate, 30 to 6. Maine’s House voted 114 to 1; its Senate, 25 to 0. Massachusetts approved the Compact by voice vote. New Hampshire’s House also used a voice vote; its Senate voted 18 to 4. Rhode Island’s House voted 80 to 7; its Senate, 38 to 0. Vermont’s House used a voice vote, recorded as unanimous; its Senate voted 29 to 1. New York, despite its initial involvement in drafting the Compact, did not join it. New York has, however, along with other states, since petitioned Congress for admission to the Compact.
[4] Id. § 9(f).