On Nov. 9, the House Energy and Commerce Subcommittee on Environment held a hearing on bipartisan legislation backed by NMPF that would protect dairy farmers and other agricultural operators from citizen suits under the Resource Conversation and Recovery Act (RCRA) if they are undergoing efforts to comply with federal requirements.

Reps. Dan Newhouse (R-WA) and Jim Costa (D-CA) testified at the hearing in support of their bipartisan Farm Regulatory Certainty Act, which would protect dairy farmers from RCRA citizen suits if they are engaged in complying with regulatory efforts addressing existing environmental laws and regulations. Dan Wood, executive director of the Washington State Dairy Federation – an associate member of NMPF – also testified in support of the bill.

The RCRA regulation was enacted more than 40 years ago to manage the safe disposal of solid wastes in landfills, but the law has recently been used inappropriately to target agricultural sources of farm nutrients, particularly dairy farms in the Northwest, even when producers are working with federal or state regulators to address the identified problems.

“Dairy farmers need certainty regarding the application of environmental policies and regulations to their operations,” said Jim Mulhern, president and CEO of NMPF. “Farmers who are working with regulators to correct environmental problems under one law should not be sued under another law for the same issue, and we are working with Congress on advancing this legislation to make that point clear.”

Mulhern noted that NMPF supports the use of safe and efficient environmental practices – such as anaerobic digesters and nutrient recovery – to help dairy operations remain stewards of a healthy ecosystem.

The U.S. Food and Drug Administration (FDA) announced a pilot program on Nov. 1 that will consider a single inspection scheme for facilities that process both Grade “A” and non-Grade “A” milk products.

Because of the extensive work by NMPF and other industry stakeholders at the National Conference for Interstate Milk Shipments in both 2015 and 2017, facilities regulated by the Pasteurized Milk Ordinance (PMO) are compliant with the Food Safety Modernization Act (FSMA) and will continue to be inspected and regulated by the PMO. However, most dairy processing facilities (more than 90 percent) manufacture both Grade “A” and non-Grade “A” products. An unanswered question has been how to reconcile the separate regulatory and enforcement schemes for these types of mixed-product facilities.

The details of the pilot program have yet to be determined. NMPF staff will continue to engage with FDA and advocate for a common-sense approach that does not put additional regulatory burdens on the industry.

From Emily Meredith, Chief of Staff, NMPF:

ARLINGTON, VA – “The National Milk Producers Federation and its National Dairy FARM™ (Farmers Assuring Responsible Management) Program were notified by Southeast Milk (SMI) on Nov. 15, 2017, of a video showing improper animal care practices on one of its member farms in Okeechobee, Fla. The FARM Program takes seriously all allegations of animal abuse or mistreatment. Animal abuse of any kind is never tolerated.

“Following notification from SMI, a dairy cooperative participating in the FARM Program, FARM Program staff immediately began gathering and reviewing evidence relating to reports of animal abuse and neglect on the dairy farm. The sole source of the allegations is a video and photo documentation created by animal activist organization Animal Recovery Mission.

“The FARM Program, following activation of its official protocol on Willful Mistreatment, launched a thorough investigation, including mandating that a third-party audit be conducted on the farm. Burnham Dairy Farm in Okeechobee has been placed on probationary status, pending the completion of all corrective actions deemed necessary by the auditors.

“We urge activist groups such as the Animal Recovery Mission to immediately report to the proper authorities any evidence of farm animal mistreatment. The months-long delay in sharing the information that was released this week has hindered the ability of the FARM Program and others to immediately put the welfare of farm animals first.

“In the coming weeks, the FARM Program will work with Florida’s dairy farm community to enhance the training of dairy workers. The newest iteration of the program, Version 3.0, requires enhanced training of workers, and the FARM Program will expedite the implementation of those protocols across the state to ensure farmers’ commitment to the highest standards of animal care. The FARM Program is committed to working with SMI and all other program participants to ensure compliance with existing standards while focusing on continuous improvement in the future.”

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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 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

From Emily Yeiser Stepp, Director, FARM Animal Care Program:

ARLINGTON, VA – “The National Dairy Farmers Assuring Responsible Management (FARM) Program has established a rigorous framework of best practices to ensure the proper treatment of dairy animals at all stages of their lives. The program – created by veterinarians, animal health experts and farmers –  takes seriously all allegations of inadequate care of dairy cattle.

“The family-owned and -operated California farm is a member of Land O’Lakes, Inc., a farmer-owned cooperative that requires participation in and full compliance with the FARM Program of all of its farmer-members. Zonneveld Dairies, Inc., underwent its required FARM assessment in June 2017 and was found to be compliance with the program’s criteria, including appropriately caring for calves and sick animals.

“Upon receipt of the video materials created recently by the animal rights group Direct Action Everywhere, the FARM Program used three animal care experts to review the video and offer a thorough analysis of the images. The third-party dairy veterinarian animal health experts concluded definitively that the calf in question was under proper veterinary care and receiving all necessary treatment. The panel did recommend that additional cushion or bedding could be used in the pens during adverse weather conditions. All experts agreed that the theft of a calf currently receiving proper care by both the farmer and dairy veterinary staff was unjustified and, in fact, put the calf (born prematurely just days before it was illegally and carelessly removed from the Zonneveld’s farm) at a higher risk for illness and potential death.

“To further assess Zonneveld’s commitment to animal care, a third-party audit will be conducted on all of their facilities to further ensure compliance with FARM Program standards.

“We hope that the activists who stole this animal recognize that it is a living creature requiring expert attention and care, not a political statement, and return the calf to its rightful owners so that it can receive the further treatment and care it needs.”

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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 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

From Emily Yeiser Stepp, Director, FARM Animal Care Program:

ARLINGTON, VA – “The National Milk Producers Federation and its National Dairy FARM™ (Farmers Assuring Responsible Management) Program were notified by Southeast Milk (SMI) on Nov. 9, 2017, of allegations of improper animal care practices on one of its member farms in Okeechobee, Fla.

“Following notification from SMI, a dairy cooperative participating in the FARM Program, the FARM Program staff began gathering and reviewing evidence relating to reports of animal abuse on the dairy farm. The sole source of the abuse allegations is a video created by animal activist organization Animal Recovery Mission.

“The FARM Program, following activation of its official protocol on Willful Mistreatment, launched a thorough investigation, including a third-party audit of the farm. We have placed Larson Dairy Farm on probationary status, pending the completion of the corrective actions deemed necessary by the auditors.

“The National Dairy FARM Program, available to all producers, establishes an on-farm animal well-being program and third-party verification system that demonstrates farmers’ commitment to the highest standards of animal care. Today, 98 percent of the domestic milk supply is enrolled in FARM.”

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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 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

ANAHEIM, CA – The importance of increased collaboration across the dairy community, defending the good name of dairy foods, and pursuing innovative new marketing strategies were key themes this week here at the National Milk Producers Federation’s 101st annual meeting, where 800 attendees heard from their policy and promotion organizations on how to create more opportunities for the U.S. dairy industry.

ANAHEIM, CA – The importance of increased collaboration across the dairy community, defending the good name of dairy foods, and pursuing innovative new marketing strategies were key themes this week here at the National Milk Producers Federation’s 101^st annual meeting, where 800 attendees heard from their policy and promotion organizations on how to create more opportunities for the U.S. dairy industry.

Hosted jointly by NMPF, the National Dairy Board and the United Dairy Industry Association, this year’s event was themed “We Are Undeniably Dairy,” building on a campaign launched earlier this year that celebrates dairy’s undeniable goodness in the areas of nutrition, sustainability and community involvement. NMPF’s leaders, in their remarks to members, stressed the need for America’s dairy companies to do more in collaboration with other marketing cooperatives.

“We have to stop looking at other U.S. cooperatives as if we’re competitors,” said NMPF Chairman Randy Mooney in his remarks. “We have to recognize that in a globalized dairy market, our competitors are outside of America’s borders, and we have to work together to fight for a larger share of those markets.”

NMPF’s annual Town Hall event featured presentations from staff on the latest policy issues affecting the industry, including efforts in Congress to address immigration reform, the fight against misbranded dairy imitators, and NMPF’s extensive work this year to achieve a positive outcome in the ongoing NAFTA negotiations. Later in the day, NMPF President and CEO Jim Mulhern discussed the organization’s work this year to improve the dairy safety net in the coming farm bill, as well as its new campaign, Peel Back the Label, which challenges the misleading marketing practices used by certain food companies.

“To surmount the hurdles that we face, and carry these efforts across the finish line, we must stand together as a united industry,” Mulhern said. “Our dairy community is unstoppable when we engage on these important issues.” He said major grassroots efforts will be needed in support of proposed congressional reforms to immigration laws.  He also discussed how NMPF will be working more closely in the coming year with dairy processors on farm policy improvements.

Trace Sheehan, co-producer of the documentary “Food Evolution,” was the meeting’s keynote speaker. He shared his experience working on the film, which centers on the contentious debate over genetically modified organisms (GMOs). Later that evening, attendees were invited to a screening of the documentary and a question-and-answer session with Sheehan.

In other meeting news, NMPF’s annual cheese contest was won by a pepperjack cheese made by Michigan Milk Producers Association in its Middlebury, Ind., processing plant. NMPF’s member cooperatives submitted a record 194 entries, totaling 3,070 pounds of cheese products.

Also this week, NMPF welcomed four new members to its Board of Directors: Tom Beringer of Bongards’ Creameries, Leon Berthiaume of St. Albans Cooperative Creamery, Brad Nosbush of First District Association, and Brian Rexing of Dairy Farmers of America. NMPF also recognized retiring board members Ralph McNall of St. Albans Cooperative Creamery and George Mertens of Dairy Farmers of America for their contributions to the industry.

Dairy Farmers of America’s communications team scored several awards in NMPF’s annual communications competition, including the top “Communicator of the Year” award.

NMPF’s Young Cooperator Program hosted its own full day of speakers on topics including food marketing trends, optimizing dairy cattle feeding, and how to manage farm ownership transitions between generations. The 2018 YC Advisory Council also selected its leadership for the upcoming year. Justin and Jennifer Malott of Smithsburg, Md., who are members of Maryland & Virginia Milk Producers Cooperative Association, were elected as the new Chaircouple. Josh and Emily Reinhardt of Red Bud, Ill., members of Prairie Farms, were elected Vice Chaircouple, and Nate and Jenny Elzinga of Zeeland, Mich., members of Michigan Milk Producers Association, were elected Secretary Couple.

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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 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

ANAHEIM, CA – Efforts to expose the deceptive labeling and marketing of plant-based products that exploit the nutritional halo of real dairy products continues to gain traction and “has these fake food marketers worried,” attendees here at the National Milk Producers Federation’s annual meeting heard this week by the organization’s leadership.

NMPF President and CEO Jim Mulhern told the organization that he remains committed to achieving passage in Congress of the DAIRY PRIDE Act (DPA), legislation in the Senate and House that would require the U.S. Food and Drug Administration (FDA) to enforce existing food labeling standards and prevent misbranded plant-based imitators from appropriating federally-defined dairy terms on their labels.

The Senate bill, S. 130, was introduced in January by Sen. Tammy Baldwin (D-WI).  The companion House bill, H.R. 778, was introduced later that month by Reps. Peter Welch (D-VT), Sean Duffy (R-WI), Mike Simpson (R-ID), Joe Courtney (D-CT), David Valadao (R-CA) and Suzan DelBene (D-WA).

FDA regulations (CFR 131.110) define “milk” as a product of a cow, with similar definitions for yogurt and cheese products. Though existing federal policy is clear on this classification, “the FDA has unfortunately allowed these decidedly non-dairy copycats made from nuts, beans, seeds and grains to label their products using dairy-specific terms,” Mulhern said.

Mulhern told the dairy farmer members of NMPF during the organization’s 101^st annual meeting that the U.S. regulatory system for food labeling is failing consumers, as it fails to adjust to the proliferation of foods mimicking real dairy products. He said that in the absence of a strong federal role in food labeling, nutritionally inferior imitators will continue to pass themselves off as suitable substitutes for real milk.

He noted that vegan organizations have organized to oppose the DPA “because they recognize that the attention we’ve brought to this issue through the introduction of the DAIRY PRIDE Act shines a spotlight on the nutritional inferiority of fake dairy products, in comparison to real milk and dairy products. Once Congress enacts this legislation, FDA will no longer be able ignore their own existing regulations.”

While FDA Commissioner Scott Gottlieb has recently expressed interest in having his agency look more carefully at the labeling issue, passage in Congress of the DPA is needed to force the FDA to act on the matter.

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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 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

ARLINGTON, VA –U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb’s recent comments about the need for strong federal oversight of food labels are exactly what is needed to address the misleading labeling and branding of imitation dairy products, the National Milk Producers Federation said today.

In a letter to FDA Commissioner Dr. Scott Gottlieb, NMPF implored the agency to devote resources to prevent nutritionally inferior products from using the names of real dairy foods. The letter follows several recent public comments in which Gottlieb outlines the FDA’s interest in reviewing the information on food labels and their impact on public health.

“I want to see the agency step in to adjudicate some of the important claims that product developers want to make on labeling that could be important in informing consumers,” Gottlieb told the Wall Street Journal in an Oct. 15 article. “So we intend to do that.”

In response, NMPF’s letter said that food labels – particularly the name of the food on a package –  play a pivotal role in conveying significant nutrition information to consumers.

Gottlieb’s focus on product label claims provides an opportunity “to make a clear statement against the inaccurate and misleading labels commonly associated with the plant-based dairy imitators,” NMPF President and CEO Jim Mulhern wrote in the letter. “The names of non-dairy alternatives must reflect current regulations and standards of identity, and should not mislead consumers as to the true nutrient value of the product.”

The letter to Gottlieb reiterated NMPF’s concern about the importance of accurate food labeling: The use of dairy terms on non-dairy foods misleads consumers because none of the imitations contain the same amounts of protein, vitamins and minerals as real dairy products. NMPF cited a 2015 Mintel survey that found that 49% of the responses identified nutrition as the No. 1 reason for consuming non-dairy beverages labeled as “milks.”

However, NMPF conducted a marketplace survey of 244 plant-based beverages in the Washington, D.C. area in 2017, and found that none of them is nutritionally equivalent to real milk, and thus none delivers the nine essential nutrients provided by milk.

“Consumers who purchase these imitations are not receiving the same level of nutrients found in cow’s milk, and that means Americans are falling short of the recommended amount of vitamins and minerals for a healthy diet,” said Dr. Beth Briczinski, NMPF’s vice president for dairy foods and nutrition. “FDA must act on this matter or else see the further decline of proper nourishment of our children and families.”

NMPF has made several attempts over the last decade seeking FDA’s attention to this issue, but the agency has yet to take any significant enforcement action, despite its history of sending warning letters to dozens of other food companies regarding misleading labeling claims.

“In February 2010, FDA sent warning letters to 17 food companies in a single day notifying them of their violation of federal laws through false or misleading label claims, and an open letter to the food industry made it clear that accurate food labeling to improve nutritional information for consumers was an agency priority.  That one effort made a dramatic difference in the labeling and marketing of a host of food products,” NMPF said in its letter.

“The lack of enforcement by FDA of the long-standing labeling provisions of various standards of identity for milk and dairy products and other pertinent federal labeling regulations has led to rampant consumer fraud related to the inferior nutrient content of these non-dairy products compared to their true dairy counterparts,” Mulhern said in the letter.

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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 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

ARLINGTON, VA – The National Milk Producers Federation said today it supports the efforts by Chairman Bob Goodlatte (R-VA) and the House Judiciary Committee to pass legislation creating a guestworker program that provides a new opportunity for immigration reform in agriculture.

The committee today approved the Agriculture Guestworker (AG) Act (H.R. 4092), which would establish an entirely new visa program, dubbed the H-2C visa, to allow farm employers to hire foreign workers on a year-round basis. The measure was developed by Rep. Goodlatte after NMPF provided input to the committee about the workforce needs of America’s dairy farms.

Although not ideal, the AG Act “helps advance our efforts to assure a stable, dependable and legal workforce for America’s dairy farmers, now and in the future,” said Jim Mulhern, president and CEO of NMPF. “The AG Act is the first step in a long process of establishing a workable solution for dairy farmers’ labor needs. It recognizes that we must improve on the current system by pursuing a new approach to matching the supply and demand for workers in U.S. agriculture.”

Goodlatte’s bill would replace the existing H-2A temporary visa program, which dairy farmers largely cannot use because their labor needs are year-round, not seasonal. In addition to establishing the new visa for future farm workers, it would allow currently undocumented farm workers to apply for H-2C visas so that they can participate legally in the agricultural workforce.

While the version of the legislation marked up in committee requires further improvements, Mulhern said that overall, the AG Act bill “merits the support of America’s farming community, and its refinement and passage must be a priority for congressional leaders.”

George Rohrer, a dairy farmer in Dayton, Va., and a member of the NMPF Board of Directors, said that farmers “have waited for years for lawmakers to fix our broken immigration system. The AG Act is evidence that Congressman Goodlatte has listened to many of our concerns, and is willing to try a new approach to the problem. As a farmer, it’s difficult to plan for tomorrow when you don’t know whether you’ll be able to hire qualified people today.”

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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 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

(Washington, D.C) – The nation’s two leading dairy organizations applauded the introduction today of a bipartisan bill to help reverse the decline of milk consumption in schools.

The School Milk Nutrition Act of 2017, introduced by Representatives G.T. Thompson (R-PA) and Joe Courtney (D-CT), would allow schools to offer low-fat and fat-free milk, including flavored milk with no more than 150 calories per 8-ounce serving, to participants in the federal school lunch and breakfast programs. The bill allows individual schools and school districts to determine which milkfat varieties to offer their students.

The International Dairy Foods Association (IDFA) and the National Milk Producers Federation (NMPF) strongly support the bill and encourage Congress to pass it. Once enacted, the bill would make permanent the administrative changes in the school lunch program proposed earlier this year by the U.S. Department of Agriculture. Agriculture Secretary Sonny Perdue, in one of his first official actions earlier this year, supported giving school districts the option to offer a variety of milk types as part of the National School Lunch and School Breakfast programs.

“Congressmen Thompson and Courtney recognize the nutritional role that milk plays in helping school-aged children to grow and develop to their full potential,” said Michael Dykes, D.V.M., IDFA president and CEO. “We appreciate their steadfast commitment to reverse declining milk consumption by allowing schools to give kids access to a variety of milk options, including the flavored milks they love.”

The legislation includes a pilot program to test strategies that schools can use to increase the consumption of fluid milk.  This could include ways to make milk more attractive and available to students, including improved refrigeration, packaging and merchandising.

“Milk is the number-one source of nine essential vitamins and minerals in children’s diets, and when its consumption drops, the overall nutritional intake of America’s kids is jeopardized,” said Jim Mulhern, president and CEO of the National Milk Producers Federation.  He pointed out that in just the first two years after low-fat flavored milk was removed from the school lunch program, 1.1 million fewer school students drank milk with their lunch.

The Act also includes a provision to allow participants in the Special Supplemental Nutrition Program for Women, Infants and Children, known as WIC, to have access to reduced-fat milk for themselves and their children.

“Expanding options for WIC participants will encourage mothers to help their young children grow up strong and healthy,” said Dykes.

“When kids don’t drink milk, it’s extremely difficult for them to get sufficient amounts of three of the four major nutrients most lacking in children’s diets:  calcium, potassium, and vitamin D,” said Mulhern. “This legislation addresses that shortcoming both in schools and in the WIC program.”

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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 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

The International Dairy Foods Association (IDFA), Washington, D.C., represents the nation’s dairy manufacturing and marketing industries and their suppliers with a membership of nearly 525 companies within a $125-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 nearly 200 dairy processing members operate more than 600 manufacturing facilities and range from large multi-national organizations to single-plant companies. Together they represent more than 85 percent of the milk, cultured products, cheese, ice cream and frozen desserts produced and marketed in the United States. Visit IDFA at www.idfa.org.