FDA Opens Potassium Chloride Labeling Docket

FDA opened a docket in May to allow for comments regarding its draft guidance for industry entitled “The Use of an Alternate Name for Potassium Chloride in Food Labeling.” The guidance was put together in response to the use of potassium chloride in foods in place of traditional salt to decrease the amount of sodium in the food supply.

NMPF will be filing joint comments with the International Dairy Foods Association. These comments will include two key points:

  1. Cheese should not be included in the voluntary sodium reduction goals. Sodium is an important part of the cheesemaking process that affects the water content and water activity and influences functional characteristics like body and texture.
  2. The FDA should expand any enforcement discretion to facilitate the use of potassium chloride in standardized foods whose definitions call for “salt” but ensure that the amount of substitution is solely in the discretion of the manufacturer.

Currently, the docket closes in September, and the FDA will issue its final guidelines after reviewing the comments. NMPF will keep watch on this topic and work with FDA as necessary.

Contact: Miquela Hanselman or Clay Detlefsen

NMPF Cheers EPA Efforts to Exempt Manure Air Emission Reporting Under EPCRA

NMPF celebrated a successful milestone in a more than two-year effort on June 5 when the Environmental Protection Agency issued a final rule that codified its earlier interpretation that air emissions from manure are not reportable under the Emergency Planning and Community Right-To-Know Act.

The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 was created to help communities plan for chemical emergencies and requires industry to report on the storage, use and release of hazardous substances to federal, state, and local governments. The extent to which agricultural operations needed to be included has been controversial, with the EPA moving toward fewer burdensome requirements for farmers.

NMPF had been engaged with the effort to codify the manure exemption since April 2017, filing comments as recently as last December supporting EPA’s efforts last fall to modify its regulations to eliminate the reporting of ammonia or hydrogen sulfide air emissions from manure.

EPA’s final actions with EPCRA is consistent with Congress’ recent action to exempt manure emissions reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). NMPF supported that approach and noted that EPCRA’s legislative history showed that Congress did not intend for continuous air emissions reports to be filed under EPCRA if they were not required under CERCLA.

Amended Text of Rule:
The amended text states “air emissions from animal waste (including decomposing animal waste) at a farm” are exempt.
Animal waste was formally defined to mean feces, urine or other excrement, digestive emission, urea, or similar substances emitted by animals (including any form of livestock, poultry, or fish). This term includes animal waste that is mixed or commingled with bedding, compost, feed, soil, or any other material typically found with such waste.

Contact: Clay Detlefsen

Dietary Guidelines Committee Holds Second Meeting

NMPF’s newest regulatory expert, Miquela Hanselman, testified at joint U.S. Department of Agriculture and U.S. Department of Health and Human Services meetings soliciting public comment on the upcoming update of the Dietary Guidelines for Americans on July 10th and 11th.

The meetings began with each of the DGAC’s six subcommittees and one working group presenting draft protocols or proposed
scientific approaches which will be used to examine the scientific evidence. These protocols include analytic frameworks, inclusion and exclusion criteria, and search strategies, all of which are available online. The committee has requested comment on the protocols by July 24th; however, the comment period will be open for the entirety of the dietary guidelines process.

The second part of the meeting focused on comments from members of the public. While some public comments were anti-dairy and not supported by scientific literature, the dairy industry was united in promoting the importance of dairy in healthy diets. NMPF and the National Dairy Council commented on key areas regarding dairy’s important place in the dietary guidelines.

Our key priorities for dairy include:

  • Maintaining dairy as a separate nutritional group
  • Maintaining the recommendation of three dairy servings per day
  • Preventing non-dairy beverages from being allowed into the dairy group
  • Emphasizing the protein quality of dairy products

You can find the full statement here. NMPF will submit written comments and continue to monitor the dietary guidelines as more information is released.

Contact: Clay Detlefsen

NMPF Agrees With Secretary Vilsack’s Senate Finance Testimony: Pass USMCA

ARLINGTON, Va. – As the Senate Finance Committee convened a hearing today on the U.S.-Mexico-Canada Agreement (USMCA), NMPF President and CEO Jim Mulhern offered the following statement:

“As Secretary Tom Vilsack, president and CEO of the U.S. Dairy Export Council, testified at today’s hearing, USMCA delivers key wins for America’s dairy farmers and the exports that drive stronger sales. With USMCA, dairy farmers will see more export opportunities and greater trade certainty. Without USMCA, we lose out on $314 million in additional dairy exports. We also lose the benefit of the new rules this deal puts in place, such as key reforms to Canada’s dairy system and stronger safeguards for our cheese exports to Mexico.

“We commend the Senate for spotlighting USMCA’s importance and strongly support the testimony offered by USDEC on how the agreement benefits dairy. To usher in USMCA’s improvements for dairy farmers and build momentum for additional trade agreements with key markets like Japan, we urge swift action to resolve any outstanding issues and secure approval of USMCA.”

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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.

NMPF Statement on USDA Trade-Mitigation Aid Announcement

ARLINGTON, Va. – In response to the USDA’s outline of its planned trade-mitigation assistance to farmers, NMPF President and CEO Jim Mulhern offered the following statement:

“We appreciate the efforts of USDA and the White House to assist farmers who have suffered significant losses due to retaliatory tariffs. Dairy producers have so far lost more than $2.3 billion in revenues since tariff escalation began in earnest one year ago. USDA’s new approach raises the level of aid to dairy farmers from last year’s program, a step in the right direction. We also urge the Department to revise the outdated production history information used to calculate payments, which lessens the effectiveness of the program.

“Today’s announcement underscores that dairy farmers need to rely on trade, not aid, to prosper in a global marketplace. We will continue to work with USDA to help dairy farmers expand exports and increase consumption of dairy products through nutrition programs. Resolving the current trade impasse with China and aggressively expanding ties with other trading partners also is essential to make these aid packages unnecessary. We are also working with the administration and Congress to pass USMCA, which would immediately create new opportunities for U.S. dairy.”

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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.

On “Almonds Don’t Lactate” Anniversary, Dairy Farmers Call on FDA To Do Its Job

ARLINGTON, Va. – The National Milk Producers Federation today marked the one-year anniversary of then-FDA Commissioner Scott Gottlieb’s famous observation that “almonds don’t lactate” by reminding the agency it still has not resolved the issue and that citizens who heeded its call for comments with thoughtful responses deserve answers.

“An almond doesn’t lactate, I must confess,” Gottlieb said last July 17, admitting that FDA has been lax in enforcing its own rules on the use of dairy terms on products containing no dairy ingredients. “Have we been enforcing our standard of identity? The answer is, probably not,” he said, while pledging agency action in “something close to a year.”

“FDA’s longstanding inaction on enforcing its own standards of identity is perpetuating the marketing of products using milk and dairy terms when those products don’t match the nutritional content of the dairy products they are imitating,” said Jim Mulhern, president and CEO of NMPF. “Dairy farmers have never called for bans on fake-food competitors, nor have they called for market censorship. They do want the FDA to enforce its own rules defining what a product is and what it isn’t, in keeping with similar standards enforced in other countries around the globe. The clock is still ticking. We are not going away.”

The FDA in January concluded a comment period exploring the issue of consumer confusion regarding the nutritional content of dairy products versus plant-based imitators, with organizations including the American Academy of Pediatrics offering evidence of nutritional deficiencies caused by confusion over the contents of plant-based versus dairy beverages while dairy’s detractors submitted thousands of off-topic creeds. After carefully considering comments and noting consumer survey data that clearly demonstrates confusion over nutrition, NMPF in February released its own road map offering solutions to how public health, product integrity and free speech could be protected through updated regulations. That Citizen Petition is currently open for comment.

NMPF also supports the DAIRY PRIDE Act, a potential legislative prod for FDA action.

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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.

#AlmondsDontLactate Social Media Contest

How to participate

In a Twitter or Facebook post, describe why it’s important that the FDA enforce its standards for milk and other dairy products. To be eligible to for a prize, use “#AlmondsDontLactate” on your post (NOTE: posts must be “public”, so the administrator is able to access).

 

Contest rules

  1. Winners will receive an “Almonds Don’t Lactate” t-shirt in their desired size, along with a few other dairy goodies.
  2. Winners will be selected from all valid entries. Originality and creativity of content will be considered during the selection process.
  3. Multiple entries are allowed.
  4. No purchase or payment of any kind is necessary to enter or win.
  5. The contest is not sponsored, endorsed or administered by, or associated with Twitter or Facebook.
  6. The giveaway is open to U.S. residents over 21 years of age.
  7. Entries must be posted by 11:59 PM EST Friday, July 19.

 

Content Restrictions:

  • The entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
  • The entry must not disparage any person or party affiliated with the contest;
  • The entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • The entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • The entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.

First DMC Payments Providing Critical Aid to Dairy Farmers in Need

 ARLINGTON, Va. – The National Milk Producers Federation thanked the U.S. Department of Agriculture for meeting the timeline Agriculture Secretary Sonny Perdue promised in February for dairy-program payments under the 2018 farm bill. Dairy farmers began receiving checks under the new Dairy Margin Coverage program this week, in keeping with USDA’s pledge.

“DMC aid represents significant improvement from previous programs, and with dairy farmers facing a fifth year of low prices, receiving better assistance in a timely fashion is a matter of survival for some family farms,” said Jim Mulhern, president and CEO of the NMPF.  “The DMC program doesn’t replace a healthy market, but it is a crucial safety net in turbulent times. All dairy producers should strongly consider enrolling, and to look closely at coverage at the $9.50 maximum level.”

More than one-fourth of all U.S. dairy farms – nearly 10,000 — have signed up for DMC since signups began June 17, according to USDA. Enrollment will continue through Sept. 20, and coverage is retroactive to Jan. 1. NMPF has a resources page on DMC and other dairy assistance programs on its website, https://www.nmpf.org/policy_tags/dairy-margin-coverage/.

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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.

Results Matter, and the DMC Delivers

Getting results for members is central to the mission of any trade organization.

Fortunately, thanks to a great deal of hard work by our expert staff, NMPF has important achievements to point to that will make life better for the folks we serve.

One major accomplishment came to fruition in June, with signup beginning for the Dairy Margin Coverage program. This program will not only tangibly aid farmers struggling with low prices; it will help milk producers even more than we first reported when the farm bill that contained it was signed into law last December.

A quick recap: After the Margin Protection Program, an effort wounded out of the gate because of Congressional budget compromises from 2014, clearly showed it was inadequate for farmer needs, we went to work immediately in an effort to fix it. The effort took more than two years, but it paid off. First, by improving MPP in early 2018 budget legislation, then by replacing it with a better program in the farm bill late last year. The new DMC, along with other pro-dairy policies in the law, clearly outdoes previous initiatives, and we’re excited it’s finally becoming reality.

But even with the new law in place, we knew it wasn’t time for a victory lap — not with farmers still suffering from low prices and with more opportunities to solidify potential improvements to help members through the USDA rulemaking process. That set the stage for another accomplishment, one that finally reached fruition last month.

One farm-bill dairy provision we secured that was little-noted at the time, but that we knew had potential to further help producers, was a new requirement that USDA report the prices of higher-quality alfalfa feed in top dairy-producing states. We sought the provision in the farm bill because we knew the previous program’s feed-cost calculations did not fully reflect the true cost of dairy-quality hay. Obtaining the reporting provision in the farm bill was an opportunity to show more precisely the cost burden this feed was imposing on farmers. Calculations that best reflect industry cost-price fundamentals across the country is the spirit of the program, which is meant to help dairy farmers facing an income squeeze because of those higher feed costs.

We quietly made this case in meetings with USDA through the first half of the year — and it’s one that, thankfully, Secretary Perdue and the staff at USDA heard sympathetically. Less than a week before signups began June 17, USDA announced it would incorporate dairy-quality hay costs into DMC margin calculations.

The impact is immediate. Early this month, USDA reported that the May margin under the DMC program is $9.00 per hundredweight.  That reported margin is 12 cents lower than it would have been otherwise, meaning payments for farmers who enroll at the maximum $9.50 coverage level allowed under the program will be 12 cents higher because of the calculation change. For the first five months of 2019, hay values have averaged $0.21 cents/cwt. higher under the new formula. Again, participating dairy farmers will as a result of this change receive a greater payment, one many will need desperately in what is now our fifth year of low prices.

The DMC – now with its enhanced feed-cost calculation – is a tangible benefit for NMPF members as well as all the nation’s dairy farmers who sign up for the program. It came from the industry unity that was forged as we moved ahead on the farm bill, and it came from maintaining the discipline to focus on a realistic, achievable, dollar-and-cents return. It’s important to thank the many people who contributed to this effort: NMPF member cooperatives, numerous state dairy associations, IDFA, the lawmakers who drafted the farm bill, the administration officials who are implementing it – and the hard-working staff here who helped guide all of this into reality, and many more.

According to USDA, more than 5,300 producers enrolled in the DMC in the first 10 days of the sign-up period, with 98 percent of those who signed up for Tier I coverage of the first 5 million pounds selecting $9.50 coverage.  About half of all producers signed up for the full five-year length of the program. With checks going out in July, those who needed assistance immediately are receiving it, and those who are waiting for more information – or perhaps just a pause in their busy schedules – have until September. I strongly encourage all producers to take a good look at the new program and be sure to get into their county Farm Service Agency office to sign up.

Our efforts now are focused on providing resources and expertise to aid with signup, including on our website and through member communications, to make sure that farmers have the information they need to make the right decisions.

Like the dairy farmers we serve, our work is never done. But just as dairy delivers, that’s our goal too. A DMC that’s even better than it would have been is the kind of result we strive to achieve here every day at NMPF. We are proud to serve our members and the entire dairy producer community. Thank you for the hard work you do, which inspires us to do the same.