Proposed Rule

On April 28, 1997, the Commission issued a Proposed Rule premised on the formal findings of fact required by the Compact that reflected the by-now extensive record.[1] The Commission’s proposed rule would establish a flat or fixed over-order obligation of $16.94, to last for six months from July to December 1997.[2]

With regard to the finding related to dairy farm pricing, the Commission determined that price regulation was necessary to “address chronic pricing problems” including “the volatility of farmer milk prices[,] . . . their chronic insufficiency, [and] the failure of prices to adjust for inflation.”[3]  The Commission also found that the stabilizing function of the regulation would be in the broader public interest, including that of consumers.  Notwithstanding this determination, the Commission included a provision providing for reimbursement to the state WIC programs for the entire amount of the over-order obligation, a “hold harmless” safeguard. [4]



[1]    Compact Over-Order Price Regulation, 62 Fed. Reg. 23,032 (1997); see also Compact Over-Order Price Regulation: Correction, 62 Fed. Reg. 25,140 (1997) (making technical corrections).

[2]    Id. at 23,041.

[3]    Id. at 23,040.

[4]    Id. at 23,053.