Days two and three mostly consisted of a parade of USDA witnesses available to answer questions about USDA-prepared data and technical aspects of federal order regulations. Including testimony on day one, a total of six USDA staff members have taken the witness stand. Most of the questioning has come from those representing proponents of proposals one through four, although others have also asked questions.

Although 100 people attended the first morning of the hearing, there have been no more than 50 in attendance since then. While Judge Clifton has indicated multiple times that any dairy farmer present could testify, so far none have taken the witness stand.

Perhaps the highlight of day three was when Deputy Administrator of the AMS Dairy Program Dana Coale explained how a federal government shutdown would affect the hearing. Coale stated that at the close of the hearing on September 30^th, Judge Clifton will note that the hearing will resume at 9 am the next day UNLESS there is a “lapse in funding,” in which case the hearing will be adjourned until further notice. If the hearing is adjourned, Coale indicated that it could not resume until a notice is published in the Federal Register after the “lapse in funding” ends. That notice would indicate the exact date the hearing would resume, which would likely be 5 to 7 days after the notice is published.

At the end of each hearing day, Judge Clifton, with the participants’ help, tries to chart the likely schedule for the next day. On Friday September 25, day four of the hearing, cross examination of two USDA staff witnesses is expected to continue. After that, Judge Clifton hopes to be able to hear from representatives of the Dairy Institute of California regarding USDA’s denial of their request to modify their original proposal with respect to the whey value in the Class III formula.

Next, the proponents of proposals one and two would be invited to make opening statements. (The attorney representing proponents of proposals three and four has a scheduling conflict Friday and will make her opening statements later in the hearing).

Finally, witnesses for proposal one would begin testifying. However, Judge Clifton reminded everyone that she would make every effort to accommodate any dairy farmer who wished to testify at any time.