The National Milk Producers Federation commended Congress for including language in the report accompanying the final 2020 government funding measure to urge the Food and Drug Administration to finally enforce dairy-product standards of identity.

Both the House and Senate versions of the Agriculture-FDA bill report included language reaffirming bipartisan congressional concern with mislabeled imitation dairy products and directing FDA to enforce its own rules on labeling. The House and Senate passed the final compromise funding bill this week.

“We hope that the bipartisan, bicameral reminder from Congress, coupled with Dr. Stephen Hahn’s confirmation as FDA Commissioner earlier this month, will give FDA momentum to finally enforce standards of identity for dairy products,” said Jim Mulhern, president and CEO of NMPF. “Plant-based mislabeling intentionally misleads consumers into purchasing nutritionally inferior products that bear dairy’s good name. It’s long past time for FDA to right this wrong, and we hope this message from Congress helps make it happen.”

The report reaffirms Congress’s concern “about the proliferation of products …. that include the names of dairy products that do not contain milk or ingredients derived from milk,” as stated in Senate language. To address the problem, the Senate asks FDA to report on “steps taken to enforce against dairy imitation products marketed using dairy names,” while House language “urges the FDA to continue its work toward ultimately enforcing standards of identity for dairy products.”

The final measure also provides funding for several critical programs that were authorized last year in the 2018 Farm Bill. These include the Farm and Ranch Stress Assistance Network to help distressed farmers during challenging times; the Dairy Business Innovation program to help the dairy industry explore opportunities for innovation and modernization; and the Healthy Fluid Milk Incentives Program designed to increase consumption of fluid milk.

ARLINGTON, VA – To help consumers find real dairy foods in an increasingly confusing retail marketplace, the National Milk Producers Federation today unveiled a completely redesigned website for the REAL® Seal, www.realseal.com, complete with a buyer’s guide that helps steer shoppers to those brands that feature the REAL Seal and use only real milk.

This is the first significant change in the online presence for the REAL Seal since NMPF first assumed management of the Seal in 2012. The new website will contain more content to educate consumers about why they should look for the REAL® Seal on the foods they buy, while also continuing to help those companies using the Seal to enhance their product marketing.

The new website will educate consumers about the REAL® Seal brand and the benefits of domestic dairy products, as only dairy foods made in America with American-produced cows’ milk are eligible to display the REAL® Seal.  The site showcases certified brands and products, and makes it easier for users to learn where to purchase them in retail locations.  It also streamlines the REAL® Seal application process to encourage more brands to apply for certification.

“NMPF continues to battle the misuse of dairy terms by plant-based products that seek to copy every aspect of real dairy, apart from nutrition,” said Jim Mulhern, president and CEO of NMPF.  “The REAL® Seal allows us to work with food marketers to apply a simple, highly-recognizable icon on their products to help consumers separate the real from the fake.”

The new website both educates consumers about how real dairy foods compare to imitators, and explains how the REAL Seal program delineates which brands can use the seal.  The REAL Guide component of the website helps shoppers find certified brands and products displaying the Seal.

“We know many consumers want authentic foods made with quality and integrity. The dairy sector’s use of the REAL Seal, more than 40 years after it was created, is our ongoing commitment to help people define what’s real in the dairy case when they go shopping,” Mulhern said.  “As people increasingly turn to online sources for information about their shopping options, this new site is an important part of that mission.” The website is part of the REAL Seal’s suite of digital tools, including its Facebook and Pinterest communities.

ARLINGTON, Va. – To understand how dairy can be a part of climate solutions, it’s important to be clear about the role it plays in greenhouse gas emissions in the first place, said Dr. Frank Mitloehner, a professor in animal science at the University of California-Davis.

“Comparing cows versus cars is a major flaw” in how climate impacts are measured, he said, because agriculture is part of a carbon life cycle, rather than an extraction of resources that have been in the ground for millions of years. “We know every detail about the impact of dairies on greenhouse gases, on air and water pollutants, and so forth. We know what these impacts are, and we know how to further mitigate those,” Mitloehner said.

To listen to the full podcast, click here. You can also find the Dairy Defined podcast on Spotify,  SoundCloud and Google Play. Broadcast outlets may use the MP3 file. Please attribute information to NMPF.

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce more than two-thirds of U.S. milk, making NMPF dairy’s voice on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

From Jim Mulhern, President and CEO

“We congratulate Dr. Stephen Hahn on his bipartisan confirmation as FDA commissioner. Dr. Hahn will provide strong leadership and direction to an agency that, understandably, has been reticent to resolve important issues in the absence of a full-fledged leader.

“Dr Hahn showed in his confirmation hearing that he understands the public-health need to address the issue of mislabeled plant-based products inappropriately marketed using dairy terms. As this problem grows more acute, consumer deception about nutritional content increases, adding urgency to the need for the FDA to enforce its own rules.

“Dr. Hahn has voiced his support for ‘clear, transparent, and understandable labeling for the American people,’ and we urge him to act quickly on this issue at FDA, as he pledged during his confirmation hearing.”

Senior Vice President of Policy Strategy and International Trade Jaime Castaneda gives updates on the impact of USMCA on the dairy industry and the Farm Workforce Modernization Act.

The National Milk Producers Federation today commended the House of Representatives for its bipartisan passage of the Farm Workforce Modernization Act (H.R. 5038). The bill, the first House-passed agricultural labor reform since a comprehensive immigration plan in 1986, includes critical provisions to address dairy’s unique workforce needs.

NMPF thanks Immigration Subcommittee Chair Zoe Lofgren (D-CA) and Congressman Dan Newhouse (R-WA). ), the lead sponsors of H.R. 5038, as well as its more than four-dozen co-sponsors drawn from each party, for their work on this legislation, which has drawn wide support from prominent groups in the agriculture, business, worker, and humanitarian communities.

“The passage of legislation that helps address dairy’s unique workforce challenges is certainly a milestone and an opportunity we must pursue to the fullest,” said Jim Mulhern, president and CEO of NMPF. “Agricultural labor reform is long overdue. With today’s action it is now imperative that the Senate act to fully address the needs of dairy farmers and all of agriculture, helping farmers do what they do best: feed our nation, and the world.”

“The urgency to reform the agricultural labor system cannot be overstated for dairy farmers,” said Mike McCloskey, dairy farmer and chair of NMPF’s Immigration Task Force. “Today, House members on a bipartisan basis showed us that they are taking our labor crisis seriously. We will use this momentum to work with the Senate to build consensus in drafting an improved bill that further addresses dairy’s workforce needs.”

More than 300 dairy, agriculture, business, and agriculture-allied organizations urged House leaders in mid-November to bring the bill to the floor for a full House vote, while more than 80 immigration and labor advocacy organizations called on their representatives to support the measure. The bill’s diverse backing ranged from the Coalition for Humane Immigrant Rights and the United Farm Workers to:

• The New York Farm Bureau, whose President, David Fisher said the bill “goes a long way towards addressing the workforce shortage that limits farmers’ ability to plant, harvest, and care for livestock.” The legislation “would take a significant step to ensure that New York agriculture is positioned to have a sustainable and reliable workforce that will support our rural economy.”
• The Cato Institute, whose analysis estimated the bill “would have saved H-2A farmers in 2019 about $324 million in labor expenses for H-2A workers alone.” The bill would “substantially reduce the illegal market for labor and increase agricultural production, without harming U.S. workers,” the organization said.
• And the U.S. Chamber of Commerce, which stated the bill “would take important steps to address the growing struggle of agricultural employers to meet their workforce needs.”

Discussing artificial milk, competition and the “fake-food” frenzy, with Jim Mulhern, CEO of the National Milk Producers Federation.

Watch the full video

ARLINGTON, VA – The U.S. dairy industry commended the White House and Congress for reaching a deal on the United States-Mexico-Canada Agreement (USMCA) and urged lawmakers to vote swiftly on legislation implementing the trade pact.

“Passing USMCA would be a boon to America’s dairy farmers,” said Jim Mulhern, president and CEO of the National Milk Producers Federation. “USMCA will expand trade opportunities with our most valuable partners and secure immediate benefits for our rural communities, adding an estimated $548 million to dairy-farm revenues in its first six years after implementation. Newly announced improvements to USMCA will also ensure that if our trading partners flout their dairy obligations under the trade deal, the U.S. has the tools it needs to vigorously enforce our rights. An already good deal for U.S. dairy farmers is even better now, thanks to these changes.”

Our membership would specifically like to thank Ambassador Robert Lighthizer, who provided enormous leadership working with members of Congress to address their concerns, as well as the work of Speaker of the House Nancy Pelosi and other members of Congress who worked hard to find solutions that addressed concerns over the agreement.

Now it’s up to Congress to quickly finalize USMCA and secure its benefits for America’s dairy industry this year.

“Washington has worked hard to make USMCA an even better deal for America’s dairy farmers and exporters; now we are counting on Congress to move expeditiously to pass USMCA and usher in its significant improvements to trade rules,” said Tom Vilsack, president and CEO of the U.S. Dairy Export Council. “Finalizing USMCA will bolster international confidence in the U.S. as a serious negotiating partner and build momentum for other trade agreements in key markets abroad. Without this crucial trade agreement, Made-in-America dairy and agriculture products could be left behind in the new year.”

USMCA makes important changes to Canada’s trade-distorting policies, reforms Canada’s controversial dairy pricing system and provides exclusive access to the Canadian market for U.S. farmers and manufacturers. The trade deal also strengthens our relationship with Mexico and establishes new protections for common cheese names, using a combination of approaches to protect the continued use of a number of generic cheese terms, such as parmesan and feta.

Important advancements made during negotiations between lawmakers and the White House included an enhanced Dispute Settlement process for enforcing the agreement’s measures. This stronger enforcement mechanism gives the dairy industry greater assurance that USMCA’s gains will be fully realized.

No one – certainly not the National Milk Producers Federation – has ever said that victory in the long battle for labeling transparency of plant-based products that steal dairy terms will be simple to achieve. But encouraging signs are afoot, and we have tangible reason to believe that, with a likely new FDA commissioner who has stated his understanding of the issue’s importance, 2020 is set to be a pivotal year in this long-running debate.

The Senate Health, Education, Labor and Pensions (HELP) Committee last week forwarded the nomination of Dr. Stephen Hahn to the full Senate for approval. The respected cancer researcher and university executive brings solid credentials to the agency, and his confirmation is expected. We believe his confirmation will provide strong leadership and direction to an agency that, understandably, has been less keen on resolving important issues without a full-fledged leader, which it’s been without since former Commissioner Scott Gottlieb left earlier this year.

But of course, the U.S. Food and Drug Administration has a lot on its plate, from opioids and teen vaping to food-safety inspections. Because of that, whether an issue is addressed or not isn’t always a matter of importance – it’s a matter of the agency’s priorities on which important issues are handled, and when. That’s always been where the agency has struggled in addressing dairy-term mislabeling. And that’s where the comments of the agency’s likely new leader give us hope.

During his Senate nomination hearing last month, Hahn showed, via a friendly exchange with HELP Committee member Sen. Tammy Baldwin of Wisconsin, that he understands the urgency of this issue, as more and more mislabeled plant-based beverages emerge, leading to more consumer deception about nutrition in the marketplace. Speaking with Sen. Baldwin, Hahn voiced his support for “clear, transparent, and understandable labeling for the American people.

“The American people need this so that they can make the appropriate decisions for their health and for their nutrition. I very much will look into this issue,” Hahn said, later adding he would “look at this as soon as I am confirmed.” Video of the exchange is here.

Now, to be clear, here’s what Dr. Hahn didn’t do in his remarks. He didn’t commit to solving the problem with transparent labels within 60 days of confirmation, as Sen. Baldwin urged. He also didn’t explicitly take a pro-transparency position. But those types of pledges aren’t to be expected in confirmation hearings, in which nominees tend to be non-committal in the interests of not being hemmed into positions before starting the job, especially on controversial issues.

An explicit embrace of our position was never going to come from that hearing, so there’s no surprise there. But what did come was an acknowledgment that plant-based product use of dairy terms is a problem that needs to be fixed – and that is light-years away from the lack of attention this issue has received from FDA for decades. Ever since then-Commissioner Gottlieb made his famous “almonds don’t lactate” remark in July 2018, we have worked hard to keep this issue on the public radar, through raising the issue in media and supporting your grass-roots efforts. Dr. Stephen Hahn’s awareness and commitment on the issue shows that those efforts are paying off.

That also means that now, more than ever, those efforts need to continue. We must keep reminding FDA that consumers need to know what their food and beverages are and what they’re not, and how transparency in labeling terminology is important to consumer understanding of nutritional content, just as the nutrition facts panel is. We also need to let the public know what our positions are, and what they are not – we support innovation and responsible competition, but we are opposed to products needlessly misleading consumers with false marketing just to make a buck.

We will remain leaders in this fight. We urge you to let FDA know that labeling transparency is an important public-health issue; to remind your neighbor that no, it’s not “milk” if it doesn’t come from a mammal; and to tell your lawmaker of the importance of the DAIRY PRIDE Act should FDA decide not to act. And of course, congratulate Dr. Stephen Hahn should he be confirmed in his new job – with a reminder to do what’s right regarding the use of dairy terms on labels. (You can find him on Twitter.)

As always, we’re optimistic that this issue will be resolved in consumers’ favor, with FDA putting an end to deceptive labeling.  Let’s seize this opportunity.

NMPF is pleased that core provisions of the bipartisan Agriculture Environmental Stewardship Act (H.R. 3744), introduced by Reps. Ron Kind (D-WI) and Tom Reed (R-NY), have been included in the Growing Renewable Energy and Efficiency Now (GREEN) Act discussion draft put forward by Representative Mike Thompson (D-CA), Chairman of the House Ways and Means Subcommittee on Select Revenue Measures, which has oversight of tax policy.

The provisions in the GREEN Act would make methane digesters eligible for a Section 48 Investment Tax Credit to cover 30 percent of the upfront capital costs of installation.  Nutrient recovery technologies would be made eligible provided that they are attached to a digester.

NMPF has worked in partnership with the American Biogas Council on this proposal and particularly wishes to thank Rep. Kind for his advocacy on this effort.

“Thanks to the efforts of Rep. Ron Kind, this draft recognizes the value that biogas systems can have for dairy producers of all sizes as they continuously improve their sustainability nationwide,” said Jim Mulhern, president and CEO of NMPF.  “This new investment tax credit would also address the value of nutrient recovery technologies, which can transform manure into fertilizer for crops and bedding for cows.  These technologies are important, but expensive.  If passed, this bill will help farmers incorporate these new technologies into their operations and benefit everyone.”

The bill would enable dairy farmers to increase their investment in technologies that help recover and recycle nutrients from animal waste, in turn improving water quality in communities.  NMPF will continue working with Reps. Kind and Reed as well as Chairman Thompson as this effort moves forward.

NMPF used its opportunity to file comments to a USDA organic origin of livestock docket on Dec. 2 to keep organic-dairy farming accessible to farmers considering entry into or expansion within the business – and used a novel analogy connected to the plant-based foods debate to remind government regulators of their responsibilities.

The dairy-centered portion of the docket, which was the focus on NMPF’s comments, sought input on two key issues: how a one-time transition requirement is implemented, and how nonorganic breeder stock can properly be integrated into the organic program.

On the transition issue, NMPF emphasized in its comments that the transition from conventional to organic shouldn’t be tied to the producer, but instead to the certified dairy operation, arguing that eliminating a farmer’s ability to transition a second or a third farm from conventional to organic – which is being proposed by organic-farm advocates seeking to raise barriers of entry to their business — is overly restrictive and unnecessary.

NMPF and others cited numerous examples of how this could be problematic. For example, should a farmer transition a farm to organic, then decide to relocate to a different part of the country, that farmer could not transition another farm to organic. NMPF questioned whether such a restriction could meet constitutional scrutiny and is hopeful that USDA will revise its proposal on this issue and not deprive a farmer’s right to transition whatever farms he/she want to.

The second, more controversial issue, involves the use of nonorganic breeding stock to produce organic heifers. When Congress passed the Organic Food Production Act as part of the 1990 Farm Bill, it specifically stated that breeding stock from any source, organic or nonorganic, could be used to produce organic heifers if that breeding stock were organically managed for at least the last third of gestation.  NMPF believes this is appropriate, arguing that advocates who want only organic breeding stock to produce an organic heifer – again, reducing competition in the organic sector — are taking a position inconsistent with current law.

NMPF’s comments to USDA suggests that the agency either work with Congress to change the law or make it abundantly clear that when the rules are followed (e.g. currently a bred nonorganic cow must be raised organically for at least last trimester), nonorganic breeding stock can produce organic heifers. NMPF’s comments also note that from the time a heifer whose mother began feeding an organic diet to when that heifer is milked, that heifer would have spent at least 27 months managed as organic — much more time than the 12 months used for a one-time herd conversion, leaving no scientific basis for such a restriction.

Finally, the comments point out that there is no violation of the one-time transition rule when using nonorganic breeding stock, as that breeding stock never transitioned – tying the two issues in its main comments.

Inaction not an option 

NMPF also supplemented its comments with an additional filing to the docket, noting that whatever agencies may or may not want to do, their discretion to enforce or not to enforce their own rules is increasingly limited, as shown in a separate issue – NMPF’s urging of the FDA to enforce its own rules on plant-based beverages.

In the case of the transition allowance, NMPF argued that, rather than create a stricter standard that may not comply with law, a simple clarification that the Act is correct would ensure consistency. On the organic breeder stock, NMPF also pointed out that agencies don’t have discretion to enforce or change Congressional Acts.

Pointing out that a court recently ruled that FDA doesn’t have unfettered discretion not to enforce provisions that Congress has put in place, USDA doesn’t have this right either. Therefore, it shouldn’t entertain a rule that disputes the Organic Food Production Act.

“We cannot support FDA not enforcing the standards of identity for labeling food products, nor can we support FDA rewriting the Congressionally-enacted Butter Act,” NMPF wrote in its comments “By analogy, NMPF cannot support a USDA rewrite of the Congressional expression that nonorganic breeder stock can produce organic heifers when those heifers are raised and managed under the organic program requirements. USDA must finalize this part of the proposed rule as proposed, which allows for nonorganic breeder stock’s ability to produce organic heifers under rigorously mandated NOP conditions.”

The full comments can be found here.

The House Judiciary Committee, with NMPF’s support, on Nov. 21 passed the “Farm Workforce Modernization Act” (H.R. 5038), a bipartisan agriculture labor bill introduced late last month by Immigration Subcommittee Chair Zoe Lofgren (D-CA) and Congressman Dan Newhouse (R-WA). The legislation, which may pass the full U.S. House of Representatives as soon as this week, would provide legal status to current agricultural workers and their families and reform the H2A guest-worker visa program to permit year-round agriculture to participate, two workforce needs vital for dairy.

Republican and Democratic committee members spoke during the committee markup about the crucial need to address the labor crisis, thanking Lofgren and others for bringing forward a bipartisan ag labor bill. Some members opposed the bill in its current form and expressed a willingness to work to improve the measure as it moves forward. During the markup and in subsequent interviews, Chair Lofgren indicated she would continue working to address members’ concerns with the bill, with close attention being paid to maintaining the bipartisan support that has helped move the measure thus far.

NMPF appreciates the efforts of Chair Lofgren and Rep. Newhouse and has worked closely with them throughout this legislative process. NMPF worked to build support among member cooperatives and state dairy associations via a Nov. 18 letter in which more than 300 agricultural organizations urged the House to move this bill forward. While it is not perfect, the bipartisan bill is a critical starting point to reforming U.S. agricultural labor policy.

“Our dairy farmers face unique workforce challenges that require a solution from Congress,” said Jim Mulhern, NMPF President and CEO. “Advancing the Farm Workforce Modernization Act is essential for us to have the opportunity to continue bipartisan efforts to address the labor crisis hurting dairy farms across the U.S. NMPF thanks Chairwoman Lofgren and Congressman Newhouse for their bipartisan leadership in drafting a bill that’s capable of moving ag labor reform through Congress.”

NMPF is hopeful that the legislation will be considered on the House floor in December. Successful House passage of H.R. 5038 is expected to tee up bipartisan discussions to produce ag labor reform in the Senate.