Tag: FMMO

  • Unused Assessments Collected By The Dairy Marketing Branch Now Available To Fund Ca Dairy Industry-Focused Research

    In November 2018, following California’s entry into the Federal Milk Marketing Order (FMMO) the operations of CDFA’s Dairy Marketing Branch were terminated. In order to ensure the availability of funds to offset closing costs, terminated programs are required to keep unused funds in State Treasury for three fiscal years. Additionally, in the case of the Dairy Marketing Branch, the approval of the Legislature was required for CDFA to regain access to the unspent balance after the waiting period. The required thresholds have been met resulting in $3,595,000 becoming available for CDFA to conduct research to benefit both dairy farmers and milk processors.

    In the next few months CDFA plans to issue a Request for Proposals (RFP) to perform industry-focused research projects. As part of that process, we are asking the California dairy industry to help us identify their top research priorities. Accordingly, all members of the California dairy industry are invited to attend a workshop to discuss research priorities, project criteria and scope:

    Date: Thursday, October 23, 2025

    Time: 10:00 am

    Location: CDFA Headquarters Auditorium

    1220 N Street, Sacramento, CA 95814

    You may join the workshop online by using the link below:

    Join by Zoom: https://us02web.zoom.us/j/82016929719

    Meeting ID: 820 1692 9719

    Passcode: G265+hC4

    Please direct any questions about the workshop or the unused funds to Kacie Fritz at Kacie.fritz@cdfa.ca.gov with CDFA’s Marketing Services Division.

  • Depooling—Should I Be Scared?

    Modesto, Calif., (April 30, 2018) – Depooling has been praised and vilified; its impact has been exaggerated and understated. And a lot of producers are left wondering: what does it mean to me? One thing sure is certain, it is very different than what we have in California. Class 3, 4a and 4b plants can make the decision to depool on a yearly basis. But, they usually don’t because if they do, California still requires them to pay minimum class prices. Therefore, in 2017 only 2.7% of California milk was Grade A milk not pooled. This number represents milk shipped to a non-pool plant but also milk shipped out of state and producer-handler exempt milk. Two things make the decision to opt outside the pool very different in the California system.

    The first one, as I mentioned, is that even if you elect to be a non-pool plant, you are still required to pay the minimum class prices. For example, if a cheese maker elects to operate outside of the California pool, he can enter into a contract with its Grade A shipper, but he is still required to at least pay the minimum class price. In a California FMMO, said cheese maker could enter into a contract that is agreeable to both parties, but no minimum price would be required by USDA. Second, if you own quota in California, you must ship Grade A milk to a pool plant once at least every 60 days to keep your quota. In fact, as testified at the FMMO hearing, “a proportionate amount of monthly quota entitlement will be lost for any milk shipped directly to a nonpool plant”. As a reminder, under a California FMMO, this would not be the case. As per the Quota Implementation Plan (QIP), all Grade A milk under the order would be assessed for quota, regardless of whether it is pooled or not. Therefore, a quota holder would be indifferent as to whether his milk is pooled or not for quota payment purposes.

    Under the California system, less than 3% of milk goes to nonpool plants. Under a California FMMO, that percentage would change drastically. While there is no way to determine exactly how much, USDA estimated that on average 42% of manufacturing milk (ie. milk other than Class I) would not be pooled. According to Dr. Stephenson’s analysis, around 56% of manufacturing milk would not be pooled. Looking at 2017, he found that taking such volumes out of the pool for the year would result in a minor negative price impact on pooled milk (-4 cents/cwt). Most of the Class IV, due to its lowest price relative to Class III, would have had an incentive to remain in the pool. To give you an example, in 2017 under the California system, Class 4a averaged below the overbase price 75% of the time. This means producers shipping to Class 4a plants benefited from the pool as the price they received was higher than if they otherwise had not been pooled.

    Going back to USDA’s proposed California order, if handlers tried to come in and out of the pool in opportunistic ways (ie try to maximize pool draws and avoid pool contributions within the repooling rules, which are explained in the next paragraph), the impact would be slightly different. While I found that some months could have wider swings, on average monthly depooling could result in the pooled milk price to decline by a range of 5-10 cents per hundredweight. The reason for the decline is that a handler is likely to take milk out of the pool if the class price it is required to pay is higher than the return it would get from being in the pool. Therefore, taking higher valued milk outside the pool reduces the blend price for those left in the pool. As a reminder, Class I milk is always part of the pool.

    To prevent wide swings of milk volumes jumping in and out of the pool on a monthly basis, USDA proposed repooling rules for the California order. What this means is that if a handler elects to take milk outside the pool in a given month, the next month he can only repool 125% of the previous month.

  • USDA Releases Final CA FMMO Decision

    Modesto, Calif., (April 4, 2018) – USDA released the long awaited final decision for a California Federal Milk Marketing Order today. The potential differences between the final decision and USDA’s draft recommended decision from February 2017 had been a source of speculation in the industry for many months. Exactly how different was the final decision from the previous version? The answer is: it was exactly the same! Ta-da! Those who attended WUD’s convention got to hear about the basics of USDA’s draft recommendation, which also apply to the final decision. Now that we know this is what we will be looking at for a vote, more analysis will be conducted to determine the potential impact for producers around the state. Specifically, WUD will host three informational sessions on April 16 (Petaluma), April 17 (Modesto) and April 18 (Tulare; details below). The analysis presented will be performed by two independent experts who do not come with any agenda about persuading attendees one way or another. The emphasis will be on education and answering questions. USDA will also host a session in Clovis on April 10 to highlight the mechanics of the program.

    USDA will conduct a referendum among dairy producers to determine whether they support the proposed FMMO; this referendum will be held from April 2, 2018 through May 5, 2018. The FMMO will become effective if approved by two-thirds of the voting producers, or by producers of two-thirds of the milk represented in the voting process.

    Dates and locations for WUD’s meetings to discuss the economic impact of the CA FMMO:

    • Monday April 16th 10am Sonoma County Farm Bureau (3589 Westwind Blvd, Santa Rosa, CA 95403)
    • Tuesday April 17th 9am Stanislaus County Harvest Hall (3800 Cornucopia Way, Modesto, CA 95358, Training Room Center DE)
    • Wednesday April 18th 10am Tulare Agri-Center, (4500 South Laspina Street, Tulare, CA 93274, Social Hall)

    Refreshments will be served each meeting. RSVP’s are greatly appreciated: molly@westernuniteddairymen.com, or (209)527-6453

  • The Road to the California FMMO Reopens – Come Hear Details At WUD’s Convention!

    Modesto, Calif., (March 20, 2018) – Big news this week: the judicial officer who was tasked with reviewing the entire California Federal Milk Marketing Order (FMMO) hearing record ratified it. This officially clears the way for USDA to release the final decision for a California FMMO. USDA did not mention how long it would take to release the final decision once the record has been ratified, but in theory, it could be any day now. After a disappointing delay, we are looking forward to the final decision. Making a choice to change or not to change a pricing system that has been in place for 50 years is not a decision many take lightly. To shed light on the implications, WUD will extensively discuss details of USDA’s decision at its annual Convention on March 28. More specifically, I will provide pricing and pooling scenarios and answer questions you may have. This is of course pending USDA’s decision. If for some reason it is further delayed, I will still provide information on the draft recommended decision. It is important to get information out, because once the final decision is released, the referendum process will start. That referendum period will only last between 30 and 45 days. This is a very short time frame to reach out to the producer community and explain all the details of this complex system.

    As a reminder: the work of the judicial officer was required after a Supreme Court case called into question the appointments of administrative law judges (ALJ) in federal agencies. USDA announced last month the FMMO process for California could be significantly delayed until the court cases causing the delay were heard. This likely would have been around June. Hearing producers’ disappointment, USDA found a workaround and announced a solution during an industry conference call just weeks after the original delay announcement (appointing a judicial officer to review the FMMO hearing record). This officer is not subject to the appointment clause that applied to the ALJ that presided over the California FMMO hearing. Therefore, his review would prevent potential legal challenges down the road should the Supreme Court decide administrative law judges’ appointment was not constitutional.

    By Annie AcMoody, director of economic analysis

  • USDA Moves to Assure Producers Can Vote on FMMO This Year

    Modesto, Calif., (February 20, 2018) – Unlike milk production, excitement surrounding the California dairy industry’s efforts towards better producer prices is not in decline. Indeed, just a week ago, USDA announced an unexpected delay in the FMMO process that left producer groups very disappointed. The agency stated it would be delaying the final decision for a California FMMO until after the U.S. Supreme Court rules on the challenge to the use of Administrative Law Judges (ALJs) throughout the federal government agencies. In an effort to accelerate the process, WUD, along with MPC and CDC, submitted a letter to Secretary Perdue urging him to release the decision. The three California coops (CDI, DFA and LOL) who originally petitioned USDA also submitted a letter. At the Farm Show this morning, when questioned on the process, Secretary Perdue responded he could not provide additional information because of ex-parte rules. He however encouraged stakeholders to listen to a USDA call scheduled a few hours later, providing additional explanation on the delay of the California FMMO and which we should “be pleased with”. Rumors started flying through the Farm Show faster than Olympians on a luge.

    The conference call organized by USDA was hosted by Stephen Vaden from the Office of General Counsel at USDA. Citing many legal cases and opinions, he described USDA’s options in the process. The main risk and concern to USDA is that if the Supreme Court’s ruling made ALJ appointments unconstitutional, the California FMMO would likely be voided (or vacated in legal speak). With such an outcome, we would be looking at starting the process over and likely not seeing a final decision for another three years. Since USDA is not a fan of Russian roulette, they would rather take the safest route where all the work has no chance of reverting to square one. To ensure this, USDA will hire a judicial officer to review the whole record, all 40 days of it. And by reviewing the record, he will need to look at the whole thing word by word: the transcripts and the exhibits. If he so determines the record complete he will ra9fy it. If he does not, he would seek addi9onal feedback.

    Removing the potential of having to start from scratch certainly took away the biggest risk to the process, but the delay remains and the uncertainty of not seeing a final decision continues to hang over producers head. Despite the documentation-heavy record, USDA thinks this new road will delay the process by one month at best, or four at the most. Basically, if the new officer reaches an agreement with the decision as is, we could see implementation, pending the outcome of the producer referendum, by November 2018. If he does not, there must be a comment period for stakeholders and USDA anticipates this would push the implementation to February 2019. Yes, a year from now. We appreciate the secretary’s effort towards improving a tough situation but we are still disappointed in the delay this is causing.

    WUD’s president Frank Mendonsa is extremely disappointed in the delay of the final decision. Recalling the numerous heartfelt testimonies from producers at the 2015 hearing he added “milk prices in California are still as depressed today as they were over two years ago. While some tweaks have been made to the California formulas since then, there is hope in the producer community this could yield higher prices for California producers”.

    Stay tuned: we should see a decision or a period for comments in the next month or so!

    By Annie AcMoody, director of economic analysis

  • CA FMMO Decision – Don’t Hold Your Breath

    Modesto, Calif., (February 13, 2018) – The final decision for a California Federal Milk Marketing Order (FMMO) was expected sometime before the end of 2017. At least that appeared to be a reasonable timeline for the agency in charge of working on the extensive document since releasing its draft in February 2017. Then the holidays have come and gone with complete radio silence from the U.S. Department of Agriculture (USDA). Rumors of “any day now” peppered the first few weeks of 2018 in coffee shops throughout the state. Government may not have a reputation for speed, but this seemed to be pushing the limits. Then this week, the Federal Register published an announcement from USDA regarding the timing of the release of the final decision, clarifying why we have not seen a final decision yet. It turns out, it has nothing to do with USDA staff’s typing speed but instead a completely separate court case (Lucia v. Securities and Exchange Commission).

    You may wonder what that has to do with milk, and the answer is nothing. It has to do, however, with administrative law judges (ALJ). If you participated in the 2015 California hearing proceeding in Clovis, you may remember Judge Clifton who presided over the process. Judge Clifton was an ALJ. In short, there is ambiguity around ALJs and if they should be nominated or simply appointed. According to USDA’s release “at the time of the hearing, USDA believed ALJ Clifton to be an employee of the Department and her appointment was completed in accordance with agency procedures, however, if the Court determines that ALJs are inferior officers of the United States rather than employees, then ALJ Clifton’s original appointment as an ALJ would be brought into question”.

    Early in January, the Supreme Court agreed to hear the case. USDA will be delaying the final decision for a California FMMO until after the U.S. Supreme Court rules on the challenge to the use of ALJs throughout the federal government agencies. The timeline for a Supreme Court decision is determined by the scheduled adjournment date of the court’s term which is at the end of June each year. The court generally releases decisions in a number of cases just as the term is ending. WUD will be contacting Secretary Perdue to urge USDA to release the final decision before the Supreme Court issues its ruling.

    By Annie AcMoody, Director of economic analysis

  • USDA’s FMMO Recommendation Released!

    Turlock, Calif., (February 14, 2017) – After over a year of anticipation, it is finally here folks: USDA released its recommended decision for a California Federal Milk Marketing Order (FMMO). If you recall, USDA heard about two complete proposals at the Clovis hearing in Fresno during fall 2015. Proposal number 1, from the three largest coops in the state (CDI, DFA and LOL), requested a California FMMO that looked very similar to California’s current state order, while using FMMO pricing formulas. Proposal number 2, from the Dairy Institute of California, incorporated many components of other FMMOs and retained few aspects of the current state order. Two other partial proposals from the California Producer Handlers Association and Ponderosa Dairy were also considered. A period for post-hearing briefs and reply briefs unfolded through summer 2016 and USDA has been judiciously drafting the current recommendation since. Based on the 40 days of hearing and hundreds of pages in briefs, it is impressive USDA managed to summarize it all in a 213-page document. That document can be found here. Since that is still rather lengthy, below is a summary of the key points that matter to California producers. They are meant to be presented in a neutral way, while highlighting how they compare with what the coops’ proposal requested. WUD will be looking at the potential impacts in great detail in the next few days/weeks and will keep you informed as this process unfolds.

    Pricing: USDA finds that the CA FMMO pricing formula should match those in other FMMO. This is what the coops asked.

    Pooling: USDA finds that pooling of Class II, III and IV should not be mandatory. The coops had argued for mandatory pooling.

    Quota: USDA finds that quota should continue operating. It would continue to be administered by CDFA (if CDFA agrees). Because it would fall under CDFA, USDA does not outline many details, and when such details will emerge is uncertain. The one feature that is outlined is the funding of the quota program would come through a deduction on producers’ milk check. This is not exactly what the coops asked, but USDA found a clever not to stray too far either (the coops wanted no change from what it is now, where monies are taken out of the pool and distributed to quota holders, prior to the blend price calculation).

    Transportation allowance and credits: USDA finds that there should not be such a system funded through the pool. Instead, producer payments would be adjusted to reflect the applicable producer location adjustment for the handler location where their milk is received. The coops had asked for a transportation allowance system similar to what exists in California currently.

    Producer payment: USDA finds that producer payments should be made on a multiple components basis. Producers would be paid for the butterfat, protein and other solids components in their producer milk and for the cwt of milk pooled. The coops had asked for a simpler calculation on part of it, but overall this is not too far.

    There will be a meeting in Clovis on February 22 where USDA will go over details and attendees will be able to ask questions. WUD will be front and center to listen and ask the questions that matter to its members. The meeting will start at 9am at the Veterans Memorial District. If you have questions ahead of the meeting, please feel free to send them to me at aacmoody@westernuniteddairymen.com. If I don’t have the answer, I will make sure to find it.

    Expected Timeline:

    • February 14, 2017: Official posting of the recommended decision to the Federal Register.
    • February 22, 2017: Informational meeting in Clovis, CA
    • May 15, 2017 (90 days after the official posting): end of public comment period
    • USDA recommends a final decision (90 days later?)
    • Dairy producers potentially covered by a California FMMO vote on its adoption