Alabama Dairy Products Ass'n v. Yeutter

TJOFLAT, Chief Judge:

I

The Agricultural Marketing Agreement Act (AMAA), 7 U.S.C. §§ 601-624 (1988), empowers the Secretary of Agriculture (Secretary) to promulgate milk marketing orders (orders) regulating the price and handling of milk products. These orders divide the nation into geographical regions and set the prices for the various classes of milk products. The AMAA requires the Secretary to issue and amend such orders, 7 U.S.C. § 608c(l), whenever he finds, after public notice and an opportunity for a hearing, that an order or amendment would tend to effectuate the policy of the Act. 7…