The Fluid Milk Promotion Act of 1990, as amended, (Fluid Milk Act) (7 U.S.C. 6401 et seq.) authorized the establishment of a national fluid milk processor promotion program to develop and finance generic advertising programs designed to maintain and expand markets and uses for fluid milk products produced in the contiguous 48 States and the District of Columbia. The Fluid Milk Order became effective December 10, 1993. The Secretary appointed the initial National Fluid Milk Processor Promotion Board (Fluid Milk Board) on June 6, 1994. Processors administer the Fluid Milk Processor Promotion Program through the Fluid Milk Board.

Since August 2002, processors marketing more than 3 million pounds of fluid milk per month, excluding those fluid milk products delivered to the residence of a consumer, fund this program through a 20-cent per hundredweight assessment on fluid milk processed and marketed in consumer-type packages in the contiguous 48 States and the District of Columbia. From 1996 to 2002, processors marketing 500,000 pounds or more funded the program.