Author: Theresa Sweeney

U.S. Trade Representative Highlights Importance of Common Names Protection in Intellectual Property Report

Posted on by Theresa Sweeney

The Consortium for Common Food Names (CCFN), U.S. Dairy Export Council (USDEC) and National Milk Producers Federation (NMPF) expressed their appreciation today for the U.S. Trade Representative’s (USTR) prioritization of the protection of common names in this year’s Special 301 Report. The organizations urged USTR to swiftly move forward with more assertive steps to preserve export access for food producers relying on common food and beverage terms.

Published annually, the report outlines global challenges related to intellectual property, which includes continued and escalating efforts from the European Union to abuse and misuse geographical indications (GI) to confiscate generic terms – such as “parmesan” or “bologna” – for its own producers.  This year’s report reflects several of the main areas of concern that CCFN detailed in comments submitted in January, with support from NMPF and USDEC.

“As USTR’s report clearly lays out, the EU’s aggressive common name confiscation campaign presents a significant threat to producers and exporters in the U.S. and elsewhere,” said Jaime Castaneda, executive director of CCFN. “Looking forward, it’s urgent that the Administration use its full suite of tools to protect the market access rights of producers using common food and beverage names.”

Restricting the right of producers to use common names is far more than just a labeling issue – it strips companies of the right to market products using the names that consumers know and love, takes products off shelves, and hurts workers up and down the supply chain.

“For far too long, the EU has abused GIs to erect trade barriers that prevent U.S. dairy from competing on a more level global playing field,” commented Jim Mulhern, president and CEO of NMPF. “The U.S. government has ample opportunities – including through existing bilateral trade engagement forums and upcoming trade negotiations – to fight back. We’ll be urging and supporting those efforts on behalf of American dairy farmers.”

“The U.S. dairy industry relies on exports to succeed, so when foreign government ban or restrict the use of common cheese names, it impacts companies, family farms, workers and the industry at large,” explained Krysta Harden, president and CEO of USDEC. “American-made dairy can compete with any products in the world. We thank USTR for acknowledging what a sizable problem this is for American producers and call on the Administration to stand up to unfair trade barriers so that our industry can go toe to toe with global competitors.”

Co-ops Build Farm Sustainability, Maryland-Virginia’s Reames Says

Posted on by Theresa Sweeney

With Earth Day tomorrow placing a spotlight on environmental stewardship, dairy cooperatives are a critical link in ensuring dairy-farmer leadership in meeting ambitious sustainability goals, said Lindsay Reames, executive vice president of sustainability and external relations for Maryland and Virginia Milk Producers Cooperative Association.

“Sustainability does have a number of different meanings, and I think the most important thing that we can do as a dairy co-op is understand what it means on each of our individual farms,” said Reames in a Dairy Defined Podcast released today. “The way we approach sustainability with our member owners is by finding ways where we can add value to their operation and improve the environmental outcomes from their farm.

“So, any investments that we make through our partnerships and through our sustainability programs have to align with that farm’s business model to bring them real value back to their operation. And we found that a number of new technologies, best management practices not only improve the environmental outputs on that operation, but also improve the overall economic wellbeing of the farm, which is a really important component of sustainability.”

The full podcast is here. You can also find the podcast on Apple Podcasts, Spotify and Google Podcasts. Broadcast outlets may use the MP3 file. Please attribute information to NMPF.

U.S. Dairy Announces New Collaboration to Lead on Climate

Posted on by Theresa Sweeney

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) announced today the signing of a set of principles and a new partnership with the National Agricultural Organizations (FARM) from Argentina, Brazil, Paraguay, Uruguay, Chile, Bolivia and Colombia to constructively engage governments and international organizations around the world on the issues of livestock, agriculture, climate and trade.

Far too often, global convenings and climate proposals reflect ideologies at the expense of science, ignore progress that the industry has made in reducing emissions, and try to impose one-size-fits-all approaches on an industry they do not fully understand.

In collaboration with the National Agriculture Organizations (FARM), and the Pan-American Dairy Federation (FEPALE), USDEC and NMPF will coordinate and support engagements with government officials and international organizations in promoting policies that encourage sustainable productivity growth while taking into consideration the unique needs of the livestock industry as well as profitability for farmers.

To launch this important strategic collaboration, USDEC, NMPF, FARM and FEPALE co-hosted a seminar on April 19 and 20, 2023, on “The Road to Sustainability in Livestock Production in the Americas,” bringing together influential leaders from across the livestock sectors of the MERCOSUR and South America region. Attendees heard from global experts and discussed ways to reduce the livestock sector’s greenhouse gas emissions while remaining viable for the next generation of farmers.

Both the partnership and meeting are being organized with an eye toward the UN Food Systems Summit Stocktaking Moment and COP28, where the organizations will play a role in shaping the discussion around agriculture’s role in a sustainable future.

Resources Available for California Farms Affected by Flooding

Posted on by Theresa Sweeney

After the driest three years on record, California dairy producers are reeling from storms that have displaced families and cattle, damaged farms and feed supplies, and severely impacted crops being grown to feed the state’s 1.7 million dairy cows. California dairy farmers are now bracing for more flooding as temperatures rise and this year’s historic Sierra snowpack thaws.

Federal, state and local officials are working to repair damaged canals, levees and roads while preparing flood barriers and limiting reservoir water levels to leave room for melting snow. However, overflowing water continues to impact the nation’s top-producing dairy region, and farmers’ full losses have yet to be realized.

NMPF is working with affected members, federal agencies and Congress to mobilize meaningful, timely support for California dairy farmers and secure funding and support for critical water infrastructure and storage in the future.

Preparation and Response

The resources below outline how dairies can best prepare for and respond to a flooding emergency. For immediate help, producers should contact local emergency management officials or dial 2-1-1. California dairy farmers are urged to keep in close contact with their county agriculture commissioners when dealing with losses and problems on the farm as they are the best local resource for agriculture-related information and are tasked with collecting data for USDA disaster assistance.

Recovery

USDA is offering technical and financial assistance to help California dairy farmers recover. Affected producers should contact their local USDA Service Center to report losses and learn more about program options available to assist in their recovery from crop, land, infrastructure and livestock losses and damages. Applicable programs include:

  • Emergency Conservation Program: The Emergency Conservation Program (ECP) helps farmers repair damage to farmlands caused by natural disasters and put in place methods for water conservation during severe drought. The ECP does this through funding and technical assistance. (Application deadline: Oct. 13)
  • Emergency Farm Loans: Farm Service Agency emergency loans help producers who suffer qualifying farm related losses directly caused by the disaster in a county declared or designated as a primary disaster or quarantine area. Also, farmers located in counties contiguous to the declared or designated area may qualify for loans. (Application deadline: Within eight months of disaster declaration)
  • Livestock Indemnity Program: The Livestock Indemnity Program (LIP) provides benefits to livestock producers for livestock deaths in excess of normal mortality caused by adverse weather or by attacks by animals reintroduced into the wild by the Federal Government. LIP payments are equal to 75 percent of the average fair market value of the livestock. (Application deadline: File of Loss must be filed within 30 days of event or when loss becomes apparent)
  • Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program: The Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program (ELAP) provides financial assistance to eligible producers of livestock for losses due to certain adverse weather events or loss conditions. Assistance can cover loss of grazing land and stored feed losses. (Application deadline: File of Loss must be filed within 30 days of event or when loss becomes apparent)
  • Environmental Quality Incentives Program: While not designed to be an emergency response program the Environmental Quality Incentives Program (EQIP) can play a vital role in assisting producers recovering from natural disasters. Through EQIP, USDA’s National Resources Conservation Service provides financial assistance to repair and prevent excessive soil erosion caused or impacted by natural disasters.

Click here to navigate USDA’s Disaster Assistance Discovery Tool. The discovery tool walks producers through five questions to help them identify personalized results of what USDA disaster assistance programs may meet their needs.

Additional federal relief is available in counties that have been declared major disaster areas. Assistance can include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the effects of the disaster. Visit FEMA.org for more information.

Contact Us

Please contact Theresa Sweeney-Murphy at tsweeney@nmpf.org with any questions and for more information.

Need Peanut “Butter”? Got “Milk” of Magnesia? We’re Fine with That

Posted on by Theresa Sweeney

Of all the misinformation the plant-based sector has aimed at dairy over the decades, one of the most aggravating has been the idea that because dairy farmers want nut-juice manufacturers to stop pretending their products are equal to theirs, they must somehow also oppose terms like peanut butter, Cream of Wheat, and other common products that have dairy-associated words in them.

They do this to both to obscure our real point – that their mimicking of dairy’s properties and use of dairy terms to sell nutritionally inferior imitations creates a real public health issue – and to try to make our arguments seem silly. But the problem is, that’s never been our position – it’s just another “plant”-ed lie. We’ve even specifically rebutted the point, in the Citizen Petition we sent FDA in 2019. So once more, with feeling, here’s the difference between our position on terms like “peanut butter” vs. plant-based dairy alternatives.

It all comes down to:

21 U.S. Code § 343 – Misbranded food

Plant-based fake-dairy products are misbranded. According to FDA regulations, a food shall be deemed to be misbranded … “If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations.”

The italicized part is the important part. (That’s why we italicized it.) The main principle behind the concept of misbranding is “don’t pretend to be something you’re not,” and that’s the difference between plant-based imitators and common foods that have long used dairy terms without pretending to be in the same food category.

Cream of Wheat is a wholesome breakfast food, but no one’s urging you to pour it in your coffee. Coconut-milk-in-a-carton is problematic (we’ll explain why), but coconut-milk-in-a-can isn’t being sold as a beverage.

Nut butters are spreads, but they don’t substitute for butter in baking — and if you decide to slather body butter on your toast because you thought it’s dairy flavored with … then you’re just an awful human being, and you deserve to vomit. By the same token, Milk of Magnesia isn’t pushing to worm its way into the federal school lunch program, even if the occasional school lunch may make some students wish that were so.

The common thread is that none of these items are trying to masquerade as dairy products. They aren’t promoting marketplace confusion, and they aren’t implying nutrient content they don’t provide.

Contrast that with the plant-based imposters. They’re sold in gallon jugs, cartons and tubs. Even though most don’t require refrigeration because they’re not fresh, they try to fool consumers by paying grocery stores to put their products in the dairy case. They add artificial colorings to make them look like the dairy products they mimic, and they market themselves as being able to do whatever true dairy milk, butter, cheese, or yogurt can do – with the implication that if they can do the same things, they must be equivalent, which in nutrition, they clearly are not.

That’s misleading, as consumer research shows. That’s misbranding, as the FDA defines the term. And that’s what we oppose, as we continue our fight for labeling transparency.

This charade’s been going on for decades. As then-WhiteWave CEO Steven Demos said in 2001 of how soy beverage came to be a dairy imitator: “We also had to figure out how to get this product category to market. Dairy milk is a staple food that we consider a fundamental part of the scenery in a supermarket. Why not position fresh soymilk to be as close as possible?”

That attitude is all about market position – but not market integrity. But integrity has never been the plant-based sector’s strong suit. We’re hoping that our campaign to add comments to FDA’s draft guidance on plant-based beverage labeling will encourage the agency to start enforcing its own rules, just as we’re supporting the DAIRY PRIDE Act as a congressional solution.

We’d encourage you to use the materials we provide as you compose your letter to FDA. Write it while you’re enjoying a peanut butter sandwich and cooking a coconut-milk-based curry. Maybe treat yourself to some chocolates for dessert (the cocoa butter in them must be 100 percent pure to meet FDA’s chocolate standard of identity, by the way).

Dairy is fine with that. We know who we are — and we know where the confusion always comes from. It’s time for it to end.

Application Deadline Approaching for National Dairy Leadership Scholarship

Posted on by Theresa Sweeney

The National Dairy Leadership Scholarship Program’s April 14 application deadline for academic year 2023-2024 is quickly approaching.

Each year, NMPF awards scholarships to outstanding students enrolled in master’s or doctoral programs actively pursuing dairy-related fields of research of immediate interest to NMPF member cooperatives and the U.S. dairy industry.

Graduate students pursuing research of direct benefit to milk marketing cooperatives and dairy producers are encouraged to submit an application. Applicants do not need to be NMPF members to qualify). Scholarship recipients will be invited to present their research via webinar this summer. Top applicants are eligible to be awarded the Hintz Memorial Scholarship, created in 2005 in honor of the late Cass-Clay Creamery Board Chairman Murray Hintz, who was instrumental in establishing NMPF’s scholarship program.

Recommended fields of study include but are not limited to Agriculture Communications and Journalism, Animal Health, Animal and/or Human Nutrition, Bovine Genetics, Dairy Products Processing, Dairy Science, Economics, Environmental Science, Food Science, Food Safety, Herd Management, and Marketing and Price Analysis.

For an application or more information, please visit the NMPF websiteNMPF website or email scholarship@nmpf.org.

The scholarship program is funded through the National Dairy Leadership Scholarship Fund. If you would like to support the scholarship fund, please consider a donation here.

NMPF Brings Together YC Coordinators for Inaugural Training

Posted on by Theresa Sweeney

NMPF hosted its first-ever training of Young Cooperators (YC) Program coordinators March 21-22, bringing together staff from nine member cooperatives to share ideas and experiences, build community and brainstorm ways to boost the impact of beginning farmer programs at the cooperative and national levels.

The two-day hybrid meeting, hosted by Land O’Lakes Inc. at its Arden Hills, MN headquarters, also included representatives from USDA, Dairy Girl Network and the National Council of Farmer Cooperatives.

The training was filled with robust discussion on a variety of topics including relationship building and recruitment, communications and outreach, sponsorships, event planning and facilitating feedback and measuring success.

Supporting effective and robust cooperative-level programs by providing training and assistance to staff serving as points of contact for beginning dairy farmers is a core objective of NMPF’s National YC Program, first established in 1950.

EPA Misses Mark with New PFAS Drinking Water Limits

Posted on by Theresa Sweeney

New EPA drinking water limits issued March 14 are raising concerns at NMPF that they may be arbitrarily restrictive and not based on the best science available.

The U.S. Environmental Protection Agency’s new limits, known as Maximum Contaminant Limits (MCLs), cover six PFAS chemicals, which environmental advocates say increase health risks. EPA set the limit for PFOA and PFOS, the focus of much of EPA’s attention on the issue, at 4 parts-per-trillion (PPT) individually. It’s using health hazard index to set limits for 4 other PFAS chemicals.

The limits are below international standards, including those set by the World Health Organization. As well as all state-imposed limits for PFAS ( per-and polyfluoroalkyl substances) in drinking water. Unlike the previous EPA Health Hazard Advisory, which originally set the advisable limit at 70ppt, these new proposed limits are enforceable regulations. The proposed limits will not apply to private well water.

The new limits, if finalized, will require thousands of drinking water utilities to spend significant amount of money to upgrade their water filtration systems to remove all detectable PFAS. Water in many areas of the country is already very expensive, and it will get even more expensive with this regulation. In addition to raising drinking water costs, the change also will increase food costs, as the food processing industry uses significant amounts of water to make food and to clean and sanitize food facilities.

NMPF also is concerned that the low limits on drinking water will impact potential limits in food, either in a regulation or in public perception. Thus far, FDA has declined to set a food limit and generally does not feel that trace levels of PFAS in human food are a human health concern, with rare exceptions.

While everyone should have an ample supply of clean water, the fact is many drinking water systems are contaminated with a variety of chemicals and it is economically impossible to get public drinking water to be 100% contaminant free. NMPF has cautioned EPA to be careful and follow the science on the regulation of all things PFAS for years.

The comment period is open until April 24. NMPF will once again file comments to EPA advising it to follow the science and be consistent with the global approach to regulating PFAS chemicals.

NMPF Strengthening Ties with USTR

Posted on by Theresa Sweeney

A series of March meetings between NMPF staff and new U.S. Chief Agricultural Negotiator Doug McKalip is strengthening ties with the critical agency for U.S dairy exports, with NMPF President and CEO Jim Mulhern and others sharing industry priorities.

Officially confirmed by the Senate late last year, Amb. McKalip is U.S. agriculture’s top advocate at the U.S. Trade Representative’s office and a critical ally to America’s dairy industry.  Mulhern sat down with Amb. McKalip over dinner to talk over dairy trade challenges and opportunities on March 1.

Two days later, Trade Policy Manager Tony Rice joined the U.S. Agricultural Coalition for World Trade Organization (WTO) Reform in a meeting with Ambassador McKalip to discuss dairy priorities in the context of the WTO’s Ministerial Conference taking place early next year. Finally, those conversations were followed by an in-depth, policy-focused dialogue with NMPF trade policy leaders Jaime Castaneda and Shawna Morris on March 9.

NMPF also worked with congressional allies to support their preparations for questioning U.S. Trade Representative Katherine Tai during trade oversight hearings held by the Senate Finance Committee on March 23 and the House Ways and Means Committee on March 24, pressing Amb. Tai to pursue market-liberalizing opportunities for U.S. agriculture and removal of nontariff barriers to dairy exports, including the EU’s aggressive campaign to monopolize common cheese names.

DMC Margin Posts Another Sizeable Drop in February

Posted on by Theresa Sweeney

The Dairy Margin Coverage (DMC) program will pay $3.31/cwt for $9.50/cwt coverage in February, based on a margin of $6.19/cwt that month. This was $4.70/cwt less than the margin last November. A milk price drop of $1.50/cwt from a month earlier and a $0.25/cwt rise in the DMC feed cost formula combined to lower the February margin by $1.75/cwt from its level in January.

Available forecasts currently indicate that the monthly DMC margins are close to bottoming out for the year, at around $6.00/cwt in a month or two, followed by a slow rise that will not likely top $9.50/cwt until the fourth quarter. This year will return many times the cost of this very affordable means of managing margin risk.

DAIRY PRIDE Momentum Builds

Posted on by Theresa Sweeney

House introduction of the DAIRY PRIDE Act on March 8 intensified mobilization among dairy and its allies as FDA’s proposed guidance on the proper labeling of plant-based beverages brings new momentum for NMPF’s efforts at ensuring marketplace integrity.

The Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act” aka DAIRY PRIDE, requires FDA to enforce its standards of identity and would supersede the inadequate solution it offered in February, in which plant-based beverages could call themselves “milk” as long as they clearly state their nutritional differences with real dairy.

A bipartisan group of six House members introduced DAIRY PRIDE, led by Reps. John Joyce, R-PA, and Ann Kuster, D-NH. NMPF President and CEO Jim Mulhern applauded the members – who also included Reps. Mike Simpson, R-ID, Joe Courtney, D-CT, Derrick Van Orden, R-WI, and Angie Craig, D-MN. Now that FDA has made clear it won’t enforce dairy standards of identity of its own volution, “DAIRY PRIDE is necessary for FDA to fulfill its own responsibilities,” Mulhern said.

House introduction followed February’s Senate DAIRY PRIDE introduction led by Sens. Tammy Baldwin, D-WI; Jim Risch, R-ID; Peter Welch, D-VT and Susan Collins, R-ME. Baldwin explained during her guest spot on NMPF’s “Dairy Defined” podcast that the DAIRY PRIDE could pass Congress this year via one of several vehicles, including the farm bill due this year.

“Many of the folks that I’m joining forces with are going to have significant input as we draft a new farm bill, which is something that I expect to get completed this calendar year. So that’s certainly one area that we can look towards,” she said. “We also have funding bills for the Food and Drug Administration, and that would certainly be another opportunity to look at this type of legislation.”

Meanwhile, NMPF is leading grass-roots advocacy on labeling, with a call-to-action organized around the FDA guidance. FDA is accepting comments on its draft guidance until April 24. To participate in NMPF’s call to action, click here.