Milk Regulatory Equity Act of 2005

MILK REGULATORY EQUITY ACT OF 2005 -- (House of Representatives - March 28, 2006)

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Mr. COLE of Oklahoma. Mr. Speaker, I rise today in opposition of S. 2120. Although I acknowledge there is merit to the original intent of this bill, I am unable to ignore the harm it may cause for the small business dairy industry in light of recent developments. As this industry is an integral economic contributor to my district, and indeed Oklahoma as a whole, it would be negligent of me to endorse this bill and rely on good luck to protect my constituents.

Mr. Speaker, the dairy industry is complex and there are many legitimate competing interests. With this in mind, I commend my colleagues in both bodies of Congress who diligently worked to build a rare consensus while crafting this bill. I have no doubt in my mind that the original intent of this bill was narrow in scope, focused on regulating aspects of the milk industry in certain western states. In addition, I have no doubt that the crafters of this bill believed they were protecting smaller dairy farmers, processors, and producer-handlers outside of those states from falling under similar regulations in the future.

However, Mr. Speaker, the U.S. Department of Agriculture acted before Congress, issuing a final rule on February 24, 2006, establishing similar regulations as would be established by S. 2120. I must admit Mr. Speaker, this begs the question: Why is it necessary for Congress to now duplicate what has already been legitimately addressed by the USDA? I fear the only outcome may be to codify this regulation, thereby inherently suggesting that Congress will endorse similar such regulations in the future. This is a precedent which I can not support. I believe in our government's regulatory process Mr. Speaker, and as such, I believe there is no longer any need for Congress to act upon this particular issue. Had the USDA not taken this action, I also have no doubt I would have felt much more comfortable with this bill.

Mr. Speaker, S. 2120, although originally well-intentioned and carefully crafted to insulate dairy farmers, processors, and producer-handlers outside of these particular western states from unintended consequences, has been outdated by the regulatory actions of the USDA. Should Congress pass S. 2120, it may only serve to set a dangerous precedent which could severely harm an important part of America's dairy industry in the future.

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