CERCLA and EPCRA Regulations Intended for Hazardous, Not Animal, Waste

WASHINGTON, DC – Congress needs to make clear that regulations designed to protect the environment against toxic waste do not ensnare dairy farmers and others who raise farm animals, the House Subcommittee on Environment and the Economy was told Wednesday.

The hearing Wednesday on Capitol Hill reviewed legislation introduced by Rep. Billy Long (R-MO), designated as H.R. 2997, or the Superfund Commonsense Act. It would clarify that manure is not included in the meaning of “hazardous substance” as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) regulations, and also would eliminate the reporting requirement for releases associated with manure under the Emergency Planning & Community Right to Know Act (EPCRA) regulation.

The National Milk Producers Federation has been working for several years with Congressman Long and others to provide greater regulatory assurances to dairy farmers that these laws and regulations are not designed or intended to impact dairy farmers. The CERCLA law was created more than 30 years ago to regulate Superfund sites, and the EPCRA law was created after that for similar purposes.

Testifying on behalf of the dairy industry, Walter Bradley, who works for Dairy Farmers of America, reminded committee members that concentrated animal feeding operations (CAFOs) and their environmental releases are subject to both state and federal laws. Bradley told the panel that “we are not seeking an exemption from the federal Clean Water Act (CWA) or the Clean Air Act (CAA) or similar state laws including any federal or state worker protection laws. We are merely seeking clarification under CERCLA and EPCRA that animal manure does not necessitate an emergency response nor does it create a Superfund site.”

Without the clarity provided in Rep. Long’s legislation, Bradley told the House panel that “the courts are left to redefine the regulation. Animal manure has been safely used as a fertilizer and soil amendment all over the world for centuries.”

“In recent years, however, we have seen litigation challenge the use of animal manure as a fertilizer by claiming contamination and damage to natural resources. The issue of CERCLA/EPCRA’s applicability to the livestock industry has been discussed in Congress several times in the last decade. I believe congressional intent is clear. When the law was passed, Congress did not intend for manure to be regulated as a hazardous substance,” Bradley said.

The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own. The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies.

CERCLA and EPCRA Regulations Intended for Hazardous, Not Animal, Waste

WASHINGTON, DC – Congress needs to make clear that regulations designed to protect the environment against toxic waste do not ensnare dairy farmers and others who raise farm animals, the House Subcommittee on Environment and the Economy was told Wednesday.

The hearing Wednesday on Capitol Hill reviewed legislation introduced by Rep. Billy Long (R-MO), designated as H.R. 2997, or the Superfund Commonsense Act. It would clarify that manure is not included in the meaning of “hazardous substance” as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) regulations, and also would eliminate the reporting requirement for releases associated with manure under the Emergency Planning & Community Right to Know Act (EPCRA) regulation.

The National Milk Producers Federation has been working for several years with Congressman Long and others to provide greater regulatory assurances to dairy farmers that these laws and regulations are not designed or intended to impact dairy farmers. The CERCLA law was created more than 30 years ago to regulate Superfund sites, and the EPCRA law was created after that for similar purposes.

Testifying on behalf of the dairy industry, Walter Bradley, who works for Dairy Farmers of America, reminded committee members that concentrated animal feeding operations (CAFOs) and their environmental releases are subject to both state and federal laws. Bradley told the panel that “we are not seeking an exemption from the federal Clean Water Act (CWA) or the Clean Air Act (CAA) or similar state laws including any federal or state worker protection laws. We are merely seeking clarification under CERCLA and EPCRA that animal manure does not necessitate an emergency response nor does it create a Superfund site.”

Without the clarity provided in Rep. Long’s legislation, Bradley told the House panel that “the courts are left to redefine the regulation. Animal manure has been safely used as a fertilizer and soil amendment all over the world for centuries.”

“In recent years, however, we have seen litigation challenge the use of animal manure as a fertilizer by claiming contamination and damage to natural resources. The issue of CERCLA/EPCRA’s applicability to the livestock industry has been discussed in Congress several times in the last decade. I believe congressional intent is clear. When the law was passed, Congress did not intend for manure to be regulated as a hazardous substance,” Bradley said.

The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own. The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies.

From Jerry Kozak, President and CEO of NMPF The Supreme Court today struck down a significant portion of Arizona’s effort to prosecute and deter illegal immigrants, but left one key part of that state’s laws intact. The mixed high court ruling, along with the recent executive order by the Obama administration to stop the deportation of some younger, undocumented individuals, fully illustrates how that, regardless of which path is chosen, the few options for immigration reform remain controversial and divisive. At the same time, these developments also show how critically necessary it is to resolve the immigration policy conundrum, especially for farmers and other employers concerned with maintain and recruiting a workforce. The court upheld the law’s directive that state and local police may check the immigration status of people they stop when they suspect them of lacking legal authorization to be in the United States. The justices unanimously stated that federal law already requires immigration officials to respond to status checks from local authorities, and therefore federal immigration law does not preempt this section of the Arizona law. However, much of SB1070 was overturned as interfering in the federal government’s role as the sole arbiter of immigration law. In a 5-3 ruling, the court said Arizona in effect had tried to set up a parallel enforcement system that punished illegal immigrants more harshly and interfered with congressional authority over the nation’s borders. The court rejected parts of the state law that made it a state crime for illegal immigrants to seek work, to fail to carry immigration papers, and that authorized warrantless arrests of people suspected by state and local police of committing deportable offenses. This decision highlights the need for continued efforts to reform federal immigration laws, and NMPF will continue to work with regulators and lawmakers to create workable solutions for dairy farmers and their workers. The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own. The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies

The U.S. government announced today that Canada has been extended an invitation to actively join the ongoing Trans-Pacific Partnership (TPP) trade agreement negotiations.

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) strongly support Canada’s participation in the TPP negotiations. Both groups agree that since Mexico has been invited to join the talks, it only makes sense for the third member of the North American Free Trade Agreement (NAFTA) to join as well. However, whereas Mexico and the United States already have removed all dairy trade barriers between them, this is not the case with respect to trade between Canada and the United States—a situation which TPP must remedy, say the two organizations.

NMPF and USDEC trust that the approval by the U.S. government of Canada’s participation in the TPP talks has been accompanied by a very clear understanding of U.S. expectations that all Canadian trade barriers against U.S. dairy products must be eliminated. This requirement is absolutely fundamental to gaining the groups’ support.

“The U.S. dairy sector hopes to see significant gains from a well-negotiated TPP and welcomes Canada’s membership as an important step towards achieving this goal,” said Jerry Kozak, president and CEO of NMPF. “The United States and Canada have had a free trade agreement since 1988, but it did not include dairy products. It is time for this oversight to be changed and we welcome this opportunity to finally make that happen.”

Tom Suber, president of USDEC, agreed, pointing out that, “The U.S. dairy industry has tried for many years to not only gain new access to the Canadian dairy market, but also to battle Canada’s attempts to undermine the value of the very limited dairy concessions granted in past WTO trade agreements. Unfortunately, we have made little headway due to high tariff quotas that continue in place despite NAFTA and repeated steps by the Canadian government to introduce new regulatory barriers to our products.” Suber added, “Our industry will absolutely not support any agreement that does not address full market access for U.S. dairy products in the Canadian market.”

The two organizations look forward to early negotiation with Canada on the terms outlined so that clear dairy market access opportunities can begin to be realized.

The U.S. Dairy Export Council (USDEC) is a non-profit, independent membership organization that represents the global trade interests of U.S. dairy producers, proprietary processors and cooperatives, ingredient suppliers and export traders. Its mission is to enhance U.S. global competitiveness and assist the U.S. industry to increase its global dairy ingredient sales and exports of U.S. dairy products. USDEC accomplishes this through programs in market development that build global demand for U.S. dairy products, resolve market access barriers and advance industry trade policy goals. USDEC is supported by staff across the United States and overseas in Mexico, South America, Asia, Middle East and Europe.

The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own. The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies.

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) applauded this week’s introduction of legislation to extend Permanent Normal Trade Relations (PNTR) to Russia. Senator Baucus (MT), Finance Committee Chairman; Senator John Thune (SD), International Trade Subcommittee Ranking Member; Senator John Kerry (MA), Foreign Relations Committee Chairman; and Senator John McCain (AZ), Armed Services Committee Ranking Member, introduced the bipartisan legislation in order to enable U.S. companies to expand exports to Russia when it joins the World Trade Organization (WTO) this year.

Russia is expected to complete the necessary administrative and regulatory changes and thereafter to actively join the WTO this August. Those commitments include provisions relating to agricultural trade, which NMPF and USDEC believe will yield significant improvements in tariff levels as well as in how Russia deals with various regulatory requirements for imported dairy products.

In order to ensure that U.S. companies will be able to take full advantage of those improved policies, Congress must pass PNTR and graduate Russia from the Trade Act of 1974’s Jackson-Vanik amendment. The latter was designed to strongly encourage the Soviet Union to permit the emigration of Jews and prisoners of conscience, a goal that was achieved decades ago.

“U.S. dairy exports have been blocked from the Russian market for almost two years due to ongoing dairy certificate negotiations,” said Tom Suber, president of USDEC. “Congressional passage of PNTR with Russia and repeal of the Jackson-Vanik amendment with respect to Russia is necessary to ensure that we are able to fully avail ourselves of the strong WTO accession package negotiated by the United States with respect to agricultural trade with Russia. We believe PNTR is critical to helping U.S. dairy companies re-enter this market on workable trading terms.”

“Russia is one of the world’s largest dairy importers and therefore is a vital destination for U.S. dairy products,” agreed Jerry Kozak, president and CEO of NMPF. “At a time when Russia and its Customs Union partners are seeking to ensure that imported foods are of high-quality, the United States should be a clear preferred supplier given the strict food safety and milk quality requirements in place in our country.”

Both organizations urged Congress to move ahead swiftly with approval of PNTR and repeal of Jackson-Vanik in order to help expand export opportunities for U.S. dairy. Last year, Russia imported a total of $2.1 billion from the world, making it a key destination for butter, cheese and other high-value dairy products. The United States continues to expand exports around the world, and access to all markets is critical to the industry’s ability to grow. Membership in the WTO will ensure that Russia is required to play by international rules or face the prospect of legal challenges to their system, a resolution avenue that the United States cannot utilize until it establishes full PNTR without restriction.

The U.S. Dairy Export Council (USDEC) is a non-profit, independent membership organization that represents the global trade interests of U.S. dairy producers, proprietary processors and cooperatives, ingredient suppliers and export traders. Its mission is to enhance U.S. global competitiveness and assist the U.S. industry to increase its global dairy ingredient sales and exports of U.S. dairy products. USDEC accomplishes this through programs in market development that build global demand for U.S. dairy products, resolve market access barriers and advance industry trade policy goals. USDEC is supported by staff across the United States and overseas in Mexico, South America, Asia, Middle East and Europe.

The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own. The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies.

WASHINGTON, DC – The two organizations representing America’s dairy farmers and dairy foods companies jointly announced their opposition today to a proposal in the Senate that would allow the interstate sales of raw milk.

Sen. Rand Paul (R-KY) has introduced an amendment to the 2012 Farm Bill, No. 2180, that would allow the direct sale of raw milk and raw milk products across state lines, “greatly enhancing the chances that people will become sick because of increased consumption of unpasteurized milk,” the two groups said in a letter sent to members of the Senate.

“Pasteurization is one of the greatest public health tools. To compromise or reduce its use through this legislation is not just bad politics – it’s a huge, inhumane step backwards, and one that will cause sickness and death,” said Jerry Kozak, President and CEO of NMPF.

Federal law currently prohibits the interstate sale of raw milk, but allows states individual discretion to regulate raw milk sales within their borders. Several states in recent years have liberalized sale or distribution of raw milk, even as the product has been repeatedly linked to serious illnesses from coast to coast.

“The link between raw milk and foodborne illness has been well-documented in the scientific literature, with evidence spanning nearly 100 years, said Connie Tipton, President and CEO of IDFA. “Raw milk is a key vehicle in the transmission of human pathogens, which is why its consumption has been opposed by every major health organization in the United States, including the American Medical Association and the American Academy of Pediatrics.”

Kozak said that lawmakers have to keep in mind that “nearly two-thirds of all outbreaks associated with raw milk or raw milk products involve children. It is the responsibility of our nation’s leaders to make decisions to protect the health of the American public, most especially, those who are minors and are unable to make fully informed decisions that could have profound consequences for the rest of their lives,” he said.

Tipton said that “While consumer choice is an important value, it should not pre-empt public health and well-being. Legalizing the sale of raw milk and raw milk products to consumers, either through direct sale or through cow-share programs, represents an unnecessary risk to consumer safety. Therefore, we ask that you oppose Amendment No. 2180.”

The Senate is expected to begin debating this and other amendments to the Farm Bill this week.

The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own. The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies.

The International Dairy Foods Association (IDFA), Washington, DC, represents the nation’s dairy manufacturing and marketing industries and their suppliers, with a membership of 550 companies representing a $110-billion a year industry. IDFA is composed of three constituent organizations: the Milk Industry Foundation (MIF), the National Cheese Institute (NCI) and the International Ice Cream Association (IICA). IDFA’s 220 dairy processing members run more than 600 plant operations, and range from large multi-national organizations to single-plant companies. Together they represent more than 85% of the milk, cultured products, cheese and frozen desserts produced and marketed in the United States. IDFA can be found online at www.idfa.org.

Dairy Reform Proposal Part of Larger Measure to be Debated This Month

ARLINGTON, VA – The Senate version of the 2012 Farm Bill passed a crucial test today when 90 Senators voted in favor of bringing the bill to the floor for further consideration, according to the National Milk Producers Federation (NMPF).

The 2012 Farm Bill, formally designated S. 3240, passed the cloture vote Thursday by an overwhelming margin of 90-8. The measure now proceeds to the full Senate floor for debate and amendments, a process that could take several weeks before a final vote is taken.

Thursday’s action “greatly increases the chances that we can get our dairy reform proposal through the Senate, as well as the House, and passed into law this year,” said Jerry Kozak, President and CEO of NMPF. “We commend Senators Stabenow and Roberts, the leaders of the Senate Agriculture Committee, for their dogged determination to get this bill to the Senate floor.”

The Senate legislation includes a new, voluntary margin protection program, endorsed by NMPF, to better safeguard farmers against disastrously low margins, such as those generated by the low milk prices and high feed costs that cost dairy farmers $20 billion in net worth between 2007 and 2009.

Kozak said the dairy title contains a better safety net for farmers in the form of the Dairy Production Margin Protection Program, which offers them a basic level of coverage against low margins, as well as a supplemental insurance plan offering higher levels of protection jointly funded by government and farmers. Those who opt to enroll in the margin program will also be subject to the Market Stabilization program that asks them to reduce milk output when margins are poor.

NMPF representatives appeared Wednesday at a news conference in the U.S. Capitol with Stabenow and Roberts, urging that the farm bill debate begin as soon as possible.

The National Milk Producers Federation, based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own. The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies.

WASHINGTON, DC – Dairy farmers need Congress to pass a new Farm Bill now to help provide certainty for making future business decisions, according to Sarah Leonard (left), a fourth-generation dairy producer from Midland, VA, who spoke at a Senate news conference today about the Agriculture Reform, Food and Jobs Act of 2012 (the 2012 Farm Bill).

Sen. Debbie Stabenow (D-MI), Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, and Sen. Pat Roberts (R-KS), the Committee’s Ranking Member, hosted the news conference Wednesday in the Capitol. They were joined by several young farmers to discuss the importance of the farm bill for the next generation of ag producers. Leonard, who operates a 325-cow dairy along with her parents, spoke about her experiences as a young farmer on a multi-generational farm.

“On our farm, we don’t focus on the latest polls, or whose campaign is raising the most money,” she explained. “We focus instead on how much rain we received last night, how much milk the cows are generating today, and what the market price of corn and soybeans are. That’s our daily reality. But part of that reality is, we need a new farm bill.”

Leonard said she was excited to see that the Farm Bill legislation contained a variety of provisions to help beginning farmers like her continue to make a living from family farms, including access to capital, crop insurance, and mentoring programs.

“I can rely on my parents for their wisdom and perspective, but it would be great to know that the farm bill also has tools that I can use to keep our family business going. I would like to sell milk, not sell our land to developers,” she said.

The Farm Bill legislation is not just about the next five years, but the next generation of farmers in America, Leonard concluded. “Dairy producers appreciate the work that Senators Stabenow and Roberts, and their colleagues, have done so far. Now it is up to all 100 Senators to take it from here,” she said.

The Senate is expected to take a procedural vote on cloture this week, after which debate on the farm bill will commence.

The National Milk Producers Federation, based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own. The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies.

On May 25, 2012, a letter led by Senator Coats (IN) and cosigned by Senator Lugar (IN) and Senator Gillibrand (NY) was sent to the Food and Drug Administration (FDA), urging the agency to enforce labeling regulations on standardized dairy products.

The Senators asked FDA to take immediate action against misbranded and mislabeled non-dairy products that do not meet the federal Standards of Identity for standardized products such as "milk,” "cheese,” "ice cream" and "yogurt.” This was the most recent letter sent in a continued effort by NMPF to have the FDA enforce regulations already in place. NMPF appreciated the leadership demonstrated by Senator Coats, and the support of both Senator Lugar and Senator Gillibrand, on this issue.

For more information, visit NMPF's webpage about imitation dairy products and They Don't Got Milk's Facebook page.

Cooperatives Working Together (CWT) received 110 requests for export assistance from member cooperatives in May: 71 for cheese, and 39 for butter and anhydrous milk fat (AMF). Of those, 75 were accepted: 48 for cheese, and 27 for butter and AMF, totaling 8.821 million pounds of cheddar and Monterey Jack cheese, and 5.110 million pounds of butter and AMF.

These products represented 193 million pounds, milk equivalent on a butterfat basis. That was equal to the production of 9,200 cows.

The May activity brings the year-to-date totals to 507 requests received and 359 accepted, with 234 cheese bids and 123 butter and AMF bids accepted. Total product pounds include 55.7 million pounds of cheese, and 44.7 million pounds of butter and AMF. The milk equivalent of those sales is 1.5 billion pounds, representing the annual production of 70,900 cows.

As part of efforts to gain more visibility and aid in membership recruitment, the National Ice Cream Mix Association (NICMA) is expanding its presence and accessibility with the creation of a new website available at www.icecreammix.org. The website, successfully launched this spring, contains helpful information about the organization, its membership, and the annual meeting that takes place in Fort Lauderdale, FL in January each year.

NICMA, which has been in existence since 1945, is a nonprofit trade association that represents the manufacturing industry of ice cream mix, soft serve frozen dessert mix and shake mix. The organization is located in Arlington, VA, and managed by NMPF.