The dairy-labeling docket closed at the end of January with a total of just over 14,000 comments being filed. The docket, which was opened to “better understand how consumers use these plant-based products and how they understand terms such as, for example, ‘milk’ or ‘yogurt’ when included in the names of plant-based products, and if they understand the difference between plant-based products and dairy products including the basic nature, characteristics, ingredients and nutritional content.

The docket contained a wide array of comments ranging from people in support of properly labeling plant-based foods to people who were outraged the docket was even opened.

Many of the comments against the proper use of dairy terms were rants from plant-based consumers that appear to have misinterpreted what the docket was asking, with many making statements along the lines that “they are not so stupid they can’t understand that soy or almond doesn’t come from an animal. Duh,” which is not related to the issues of nutritional confusion the FDA is examining.

On the other side of comments, a pediatrician from upstate New York with no ties to the dairy industry wrote-in because of her concern with parents not understanding the nutritional difference between cow’s milk and plant-based products. Her comment stated: “It is nutritionally different and deceptively marketed to parents trying to be healthy. I was horrified to find one set of parents feeding hemp milk to a small baby. I had another baby with a serious lifelong medical problem being given a wobbly start on a vegan diet.” You can find her full comment here.

The American Academy of Pediatrics (AAP) felt similarly and stated: “Pediatricians report using the term ‘milk’ in the labeling of dairy-free alternatives has caused parental confusion, leading to the purchase of products that they assume contain traditional dairy ingredients and, thereby, unintentionally causing harmful nutritional deficiencies in their children.” You can find the full comments from the AAP here.

NMPF would like to thank everyone that submitted a comment. In response to this docket, we have requested a meeting with FDA to emphasize the findings in this docket and the importance of this matter for consumers’ health.

Contact: Clay Detlefsen

FDA opened a docket in May to allow for comments regarding its draft guidance for industry entitled “The Use of an Alternate Name for Potassium Chloride in Food Labeling.”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 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

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

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’s Vice President of Economic Policy and Market Research, Peter Vitaliano, discusses the impact of the Dairy Margin Coverage (DMC) program and the role of nonfat solids in the nation’s milk supply on the “Adams on Agriculture” podcast.

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.

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.

Listen to the latest updates on the Cooperatives Working Together (CWT) program with Chris Galen, senior vice president of membership services and strategic initiatives on Dairy Radio Now.