FDOM and volume management – ground rules for dairy contracts

11 November 2025

Paul Tompkins

Paul Tompkins

NFU National Dairy Board chair

NFU Dairy Board Chair Paul Tompkins pouring raw milk into containers

NFU Dairy Board Chair Paul Tompkins explains how tracking supply and demand can help in predicting price moves and what the Fair Dealing Obligations (Milk) Regulations say about volume management.

Most people involved in dairy farming have a good sense of how milk production ebbs and flows through the seasons. To support this understanding, AHDB (Agriculture and Horticulture Development Board) tracks national production through its daily milk delivery survey and publishes results every week, together with forecasts of future output.

Although not every processor contributes to the data, the survey has proved accurate when compared with Defra’s official statistics, which are released slightly later.

For farmers, tracking this data can be useful.

By comparing current deliveries with previous years’ or with other milk-producing regions, it’s possible to understand whether we’re collectively producing more than the market needs or whether supply is tightening.

While these figures provide a good read-out on the UK market overall, it’s worth digging deeper into your own milk pool and supply chain.

Each milk buyer needs to balance their own supply and demand flows. Understanding these flows can help anticipate and explain price moves more clearly than national trends ever could.

“Milk buyers have always had the ability to set volume limits and to agree whether to collect some or all of the milk produced. The only change FDOM has brought in is the requirement to offer a non-exclusive contract to producers should a processor wish to set a volume limit on the milk their collect.”

NFU Dairy Board Chair Paul Tompkins

What FDOM says about volume management

The Fair Dealing Obligations (Milk) Regulations, known as FDOM, sets out the ground rules for how volume management can be built into contracts between farmers and buyers. In short, FDOM aims to ensure both sides are clear on what’s been agreed, increase transparency regarding pricing mechanisms and try to ensure there is more balance when it comes to business risk.

Fixed-volume contracts

FDOM does allow for fixed-volume contracts, but these can only be up to 12-months at a time. Each contract must set clear minimum and maximum supply levels.

While that sounds straightforward, it is not a common model in the UK right now as one-year contracts don't provide much long-term security for either party; currently only a small number of fixed-volume deals exist.

Exclusive supply contracts

In an exclusive supply contract, a farmer is obliged to sell milk to just one buyer on an 'ever green' basis, i.e. until one party terminates the agreement via an agreed notice procedure or due to breach of contract.

Under this arrangement, the milk buyer cannot set a fixed volume or apply penalties if the farmer over or under produces. In other words, tiered pricing (adjusting the rate for surplus litres) is banned under these contracts.

However, businesses that follow a co-operative model and have an internal democratic structure are treated differently. They are allowed to use tiered pricing or other volume-linked adjustments as long as these are clearly defined in the contract, explaining exactly when and how price changes will apply.

Non-exclusive contracts

For non-exclusive contracts, where a farmer can sell to more than one buyer, the situation is more flexible.

These contracts also operate on an 'ever green' basis, however tiered pricing and volume-based terms can be used if they’re written clearly into the milk price agreement.

In theory, farmers on non-exclusive contracts can, should they wish and so long as they continue to follow the terms of conditions of their milk purchase agreement, market extra litres elsewhere. This could help reduce the risk of being penalised for oversupply milk or allow producers to take advantage of new opportunities.

In practice though, selling to multiple buyers comes with practical hurdles such as milk collection logistics.

To be clear, milk buyers have always had the ability to set volume limits and to agree whether to collect some or all of the milk produced. The only change the legislation has brought in is the requirement to offer a non-exclusive contract to producers should a processor wish to set a volume limit on the milk their collect. 

Clearer rules

Before the FDOM regulations came into force, most milk buyers managed volumes through discretionary price changes, using mechanisms like seasonal bonuses or deduction payments to nudge production up or down, often with little to no transparency to producers on which factors were being followed or how they were weighted.

Producers could also never be sure how much price movements were related to market trends or the result of deals further along the supply chain which could be financed through a milk-price drop to producers.

That informal approach has now been replaced by clearer rules. Under FDOM, buyers must by law set out clearly and follow an agreed milk pricing schedule, which can only be changed by agreement from both parties, otherwise the initial contract must stand.

The overall purpose of the legislation is not to set milk prices, but to deliver transparency, fairness, and a better understanding – and ultimately a closer relationship – between farmers and their milk buyers, rather than relying on purchaser’s discretion alone to management the production and flow of milk. 

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