Dairy Defined Podcast: Price Forecast Positive for Dairy, NMPF’s Vitaliano Says

Dairy prices for 2022 are projected at an eight-year high, with supply adjustments and booming exports across a wide range of products shoring up farmer balance sheets that have struggled with volatility during the pandemic era, NMPF Chief Economist Peter Vitaliano says in an NMPF podcast released today.

Due to tight supplies “not only is the outlook for milk prices the best in eight years, but that’s also the case for the individual dairy products,” Vitaliano said. Peter Vitaliano. “The big question is, with milk prices this good and feed prices not going up as fast as they were last year, how long is that tightness going to continue? And how soon will it be before we see some expansion of milk production again?”

Vitaliano, who also writes NMPF’s monthly Dairy Market Report, also encouraged farmers to sign up for the Dairy Margin Coverage program, which has a deadline of Feb. 18 for 2022 assistance. “The futures markets look very good at the moment, but there are many months to go. The history of dairy farmers second-guessing the markets, even based on the futures, is not very good. And again, given how inexpensive coverage is, our recommendation continues to be you should sign up for the program.”

NMPF resources on the Dairy Margin Coverage Program can be found here.

The full podcast is here. You can find and subscribe to the podcast on Apple Podcasts, Spotify,   Google Podcasts and Amazon Music under the podcast name “Dairy Defined.” A transcript is also available here. Broadcast outlets may use the MP3 file below. Please attribute information to NMPF.

Judge Rules “Gruyere” is a Common Food Name and Not a Term Exclusive to Europe

A judicial ruling has determined that “gruyere” is a generic style of cheese that can come from anywhere. The decision reaffirms that all cheesemakers, not just those in France or Switzerland, can continue to create and market cheese under this common name.

In the judicial decision made public yesterday evening, the Consortium for Common Food Names (CCFN), U.S. Dairy Export Council (USDEC), National Milk Producers Federation (NMPF), and a coalition of other dairy stakeholders prevailed in their sustained fight to preserve the ability of all actors in the U.S. marketplace to use generic terms.

Senior Judge T. S. Ellis III of the United States District Court for the Eastern District of Virginia upheld the August 5, 2020, precedential decision of the U.S. Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board.

“Not only is this a landmark victory for American dairy farmers and cheese producers who offer gruyere, this win sets a vital precedent in the much larger, ongoing battle over food names in the United States,” said Jaime Castaneda, executive director for CCFN. “The European Union has tried for years to monopolize common names such as gruyere, parmesan, bologna or chateau. This verdict validates that we’re on the right path in our fight on behalf of American food and wine producers to preserve their ability to use long-established generic names.”

According to the Court’s decision, the arguments of the French and Swiss associations were “insufficient and unconvincing” and CCFN presented “overwhelming evidence that cheese purchasers in the United States understand the term GRUYERE to be a generic term which refers to a type of cheese without restriction as to where that cheese is produced.”

Meanwhile, Europe continues its aggressive and predatory efforts to confiscate names that entered the public domain decades ago. The latest attack was launched by the French and Swiss gruyere associations which had sought to register “Gruyere” as a certification mark in the United States, thereby enabling them to prevent use of the generic term by others in the U.S. marketplace. The USPTO determined last year that the application should be denied, in the process upholding the widespread generic use in the U.S. of the term “gruyere.”

“French and Swiss gruyere producers already have access to the U.S. market and the use of distinctive trademark logos,” noted Castaneda. “In fact, the Swiss association has already registered a logo certification mark with the USPTO for ‘Le Gruyère Switzerland AOC’ to help it uniquely brand Swiss gruyere. Despite this, both foreign associations appealed the USPTO’s ruling to the federal court last year.”

With support from USDEC and NMPF, their member companies, and non-member companies that contributed to supporting the opposition, CCFN dedicated extensive time and resources throughout the appeal process to demonstrate the extensive use of gruyere in the U.S. marketplace and persuasively argue that all cheesemakers and their customers should retain their rights to continue to produce and sell gruyere in the United States.

“This is a huge victory for common sense and for hard-working manufacturers and dairy farmers,” said Krysta Harden, USDEC president and CEO. “When a word is used by multiple companies in multiple stores and restaurants every day for years, as gruyere has been, that word is generic, and no one owns the exclusive right to use it. We are gratified that Judge Ellis saw this straightforward situation so clearly and upheld the USPTO Trademark Trial and Appeal Board’s finding that gruyere is an established generic term.”

“NMPF continues to firmly oppose any attempt to monopolize generic names like gruyere and to reject blatant European market-share grabs designed to limit competition,” said Jim Mulhern, NMPF president and CEO. “Today’s announcement is a landmark win for American dairy farmers and the commonly named cheeses they produce and sell around the world.”

CCFN, USDEC, and NMPF support valid geographical indications (GIs) – compound names associated with specialized foods from regions throughout the world – when used in good faith rather than to establish unfair trade barriers to the sale of common name foods and beverages.

CWT-Assisted Dairy Export Sales for 2021 Reach Nearly 1.5 Billion Pounds

Despite not taking bids for two weeks during December breaks, CWT member cooperatives secured 41 contracts in December adding 3.5 million pounds of American-type cheeses, 105,000 pounds of butter, 44,000 pounds of whole milk powder, 767,000 pounds of cream cheese and 300,000 pounds of anhydrous milkfat to CWT-assisted sales in 2021. These products will go customers in the Caribbean, Asia, Middle East-North Africa and South America, and will be shipped from December 2021 through June 2022.

CWT-assisted dairy product sales contracts for 2021 total 53.1 million pounds of American-type cheese, 16 million pounds of butter, 6.4 million pounds of anhydrous milkfat, 12.2 million pounds of cream cheese and 45.1 million pounds of whole milk powder. This brings the total milk equivalent for the year to 1.447 billion pounds on a milkfat basis.

Exporting dairy products is critical to the viability of dairy farmers and their cooperatives across the country. Whether or not a cooperative is actively engaged in exporting cheese, butter, anhydrous milkfat, cream cheese, or whole milk powder, moving products into world markets is essential. CWT provides a means to move domestic dairy products to overseas markets by helping to overcome U.S. dairy’s trade disadvantages.

The amounts of dairy products and related milk volumes reflect current contracts for delivery, not completed export volumes. CWT will pay export assistance to the bidders only when export and delivery of the product is verified by the submission of the required documentation.

FARM Presents Survey Results at Town Hall

FARM Program stakeholders identified care for  sick animals, calves, and non-ambulatory cattle as dairy’s  greatest priority to maintain focus on for Version 5 of FARM’s Animal Care Program as determined by an industry wide survey distributed through the fall with results presented at a virtual town hall Dec. 14.

The survey was intended to collect feedback from farmers, veterinarians, cooperatives, processors, and others within the dairy supply chain as planning commences for Version 5 of FARM Animal Care which will launch July 1, 2024. The survey questions were developed following a series of  focus groups hosted last August by the National Dairy Farmers Assuring Responsible Management (FARM) Program. FARM received 682 complete responses, and staff were able to identify potential refinement opportunities for the next program cycle in addition to the top animal care priorities from stakeholders.

The survey also showed general support for making minor modifications and adding clarity to the FARM Animal Care Program while avoiding large overhauls. Most survey respondents, including farmers, showed they would willingly support small changes to better address animal care vulnerabilities. Respondents also were in consensus that standards that aren’t direct measures of good animal welfare practices should be updated to prioritize an outcomes-based approach.

For more information, visit the Version 5 development page.

NMPF Applauds Sen. Baldwin for Pressure on FDA Dairy Labeling Enforcement

NMPF was pleased to support Senator Tammy Baldwin’s (D-WI) efforts to bring attention to the need for Food and Drug Administration (FDA) enforcement of dairy standards of identity at the confirmation hearing of Dr. Robert Califf to become the next commissioner of FDA.

NMPF has long partnered with Sen. Baldwin on the issue, with the Senate committee hearing on Dec. 14 serving as the latest opportunity to bring critical attention to the agency’s lack of enforcement.

After speaking to the importance of dairy standards of identity, Sen. Baldwin asked Dr. Califf whether and when the FDA will begin enforcing its own labeling standards. Dr. Califf responded that he would make the issue a priority should he be confirmed as FDA commissioner, stating there is “almost nothing more fundamental about safety than people understanding exactly what they’re ingesting, so I am committed to making this a priority if I am confirmed.”

NMPF president and CEO Jim Mulhern thanked Sen. Baldwin for pressing Dr. Califf for “urgent action” on the issue, explaining that the issue “needs to be a top-of-mind issue for Dr. Califf” as the “ground has shifted since his previous tenure in the Obama administration, both as dairy imitators proliferate and the abuse of lax labeling enforcement creates nutritional confusion for consumers.”

NMPF has been advocating for the enforcement of standards of identity and integrity in the marketplace for four decades. The recent, long overdue FDA attention to the issue – including a pledge to provide guidance on enforcement in the coming months – provides an opportunity to lead to key progress toward enforcement. NMPF will continue to work with Sen. Baldwin, other members of Congress, and administration officials on the issue, now with Dr. Califf’s positive comments in hand.

November DMC Margin Rises, Generates Smallest Payment Since 2020

The November margin under the Dairy Margin Coverage program was $9.14/cwt, up $0.60/cwt. from October, as higher milk prices more than offset gains in feed costs. The new calculation will generate a payment of $0.36/cwt. for $9.50/cwt. coverage, which will be the smallest since September 2020.

The all-milk price component of the November margin was $20.80/cwt., $1.10/cwt. higher than a month earlier. The November DMC feed cost was also higher for the month, by $0.50/cwt., with nearly equal contributions from higher corn and soybean meal prices. The November premium alfalfa hay price was down slightly from a month earlier after rising steadily almost every month since September 2020.

The end-of-year dairy futures indicate a possible small payment to $9.50/cwt. coverage for December, but the current strong milk price outlook makes this questionable for future months, given the current market outlook.

Signup for the 2022 DMC program is underway and will close on Feb. 18. This year’s program has paid out $1.2 billion as of January 3, and NMPF is urging dairy farmers who haven’t yet joined the program to do so. NMPF has a page of resources for members who may have questions here.

Member Co-op CEO Highlights Need for Export Markets at Virtual Town Hall

Robert Chesler, CEO of NMPF member cooperative United Dairymen of Arizona, emphasized the importance of securing new dairy market access opportunities through bilateral or multilateral Free Trade Agreements during a Dec. 14 Farmers for Free Trade (FFT) virtual town hall.

NMPF collaborates with the farmer trade group on town halls and meetings with public officials to tout the benefits of free trade and the need for the United States to pursue agreements that expand U.S. farm exports. The December town hall, headlined by Rep. Jim Costa (D-CA), focused on lost competitiveness for American dairy and agricultural producers as the U.S. government fails to move forward with new trade agreements.

During the virtual event, Chesler addressed the challenges that American dairy exporters face as trade competitors secure greater dairy market access in key export markets. Countries such as New Zealand, Australia, and the EU are aggressively pursuing new trade deals, which then harms the competitiveness of U.S. dairy products at a time when international demand is growing, Chesler said.

“We urge the Administration to seek Trade Promotion Authority renewal to go after new trade agreements,” Chesler said. “This is critical to realizing fully the potential of dairy markets in places like Vietnam, Indonesia, the United Kingdom and other major dairy purchasers. In the meantime, the U.S. should be using all types of trade tools to expand access and reduce barriers to U.S. exports with major agricultural importing markets.”

Chesler’s comments echoed statements made by Doug Chapin, Michigan Milk Producers Association chairman, at a Nov. 3 FFT town hall, part of NMPF’s effort to maintain grassroots pressure for the administration to act.

An NMPF and USDEC member based in Tempe, the United Dairymen of Arizona is a full-service milk marketing cooperative founded in 1960. Its farmer-owned manufacturing facility produces milk powder, cream, butter, and a variety of other dairy ingredients, many of which are exported around the world.

House Shipping-Bill Passage Follows Wide-Ranging NMPF Approach

A year of NMPF advocacy to alleviate shipping supply chain disruptions for dairy exports took a significant step forward Dec. 8 with the U.S. House of Representative’s passage of the Ocean Shipping Reform Act.

With input from a joint NMPF-U.S. Dairy Export Council Supply Chain Working Group launched in last July to draw on the expertise of members’ dairy logistics staff, NMPF worked closely with Representatives John Garamendi (D-CA) and Dusty Johnson (R-SD), USDEC and other agricultural partners to shape the legislation, which passed the House with a broad, bipartisan vote of 364-60. The bill is intended to mitigate the delays, disruptions and unreasonable fees that dairy exporters have faced for more than a year.

Following this win, NMPF now is building Senate support for the bill by highlighting key provisions meant to ease disruptions that have cost dairy exporters over $1.3 billion through the first three quarters of 2021.

If signed into law, the legislation would amend the U.S. Shipping Act to provide new oversight and enforcement authority to the Federal Maritime Commission, expand opportunities for shippers to seek redress from ocean carriers, and increase transparency and accountability among foreign-owned ocean carriers. The bill specifically would reign in carriers’ ability to deny contracted export shipments, increase the availability of containers, improve protections against retaliation, and better address fees that are accruing outside of dairy exporters’ control.

As part of the push that led to the overwhelming House vote, NMPF spearheaded a Dec. 8 letter from 78 dairy cooperatives, companies and associations reiterated the legislation’s importance to the continued success of U.S. dairy exports, which are on pace for a record volume in 2021 when final numbers are compiled. A FAQ on the bill that NMPF and USDEC created is here.

“We thank Representatives Garamendi and Johnson for their leadership in working to address the challenges dairy and other agricultural exporters have struggled with for the most of this year,” said Jim Mulhern, president and CEO of NMPF, in a statement after House passage. “The Ocean Shipping Reform Act is an important move toward ensuring the international competitiveness of our dairy producers is not unfairly limited by abuses from ocean carriers. We look forward to working with the Senate to carry this momentum forward.”

USDA Announces NMPF-Backed DMC Enhancements, 2022 Signup Underway

NMPF is urging farmers to sign up for maximum coverage in 2022 under the Dairy Margin Coverage (DMC) program.

This year’s signup, with a deadline of Feb. 18, is accompanied by new enhancements that make the program more valuable than ever for producers seeking protection against unforeseen market risks. NMPF-backed improvements include an enhanced feed cost formula to better reflect the cost of high-quality alfalfa hay, and Supplemental DMC enrollment for many producers whose milk production has increased since 2014.

More than $1.2 billion – a record – in DMC payments are expected to be distributed to dairy producers under the 2021 program, according to USDA data as of Jan. 3.

“Signing up for DMC, which offers cost-effective margin protection for small and medium-sized producers as well as inexpensive catastrophic coverage for larger dairies, is a no-brainer for 2022, especially considering the improvements we fought for in Congress and advocated for at USDA,” said Jim Mulhern, president and CEO of NMPF, in a statement when the program was announced.

DMC is part of a suite of federally backed risk-management tools, including the Dairy Revenue Protection (DRP) program and the Livestock Gross Margin for Dairy Producers (LGM-Dairy) program, which were revamped in the 2018 Farm Bill at NMPF’s urging. DMC resulted from NMPF’s effort to improve inadequate federal margin-protection insurance. LGM-Dairy and DRP were made workable via NMPF’s efforts to remove spending caps and a ban on enrollment in multiple programs, which previously limited their usefulness.

DMC in 2022 will fully incorporate the premium-quality alfalfa price into the DMC feed cost formula, an improvement from the previous structure that used a 50-50 blend between the premium-quality price and the overall average price. USDA also will make retroactive payments to producers using the new formula, dating from January 2020.

Meanwhile, the new Supplemental Dairy Margin Coverage program will enable some producers who are also enrolled in DMC to receive additional payments reflecting increases in their production since 2014 retroactively to January 2021.

More information about the DMC Program, including a webinar detailing this year’s improvements and a Supplemental DMC Q&A, can be found here.

U.S. Wins USMCA Dispute with Canada Over Dairy Market Access

More than a year of work from NMPF and the U.S. Dairy Export Council (USDEC) reaped dividends for dairy Jan. 4, as a landmark decision found that Canada is improperly restricting access to its market for U.S. dairy products and violating its U.S.-Mexico-Canada Agreement (USMCA) tariff-rate quota (TRQs) commitments.

The case, the first of any kind brought before a USMCA Dispute Settlement Panel, was launched with broad bipartisan support last May after months of urging from NMPF and USDEC, which is urging Canada to comply swiftly with the panel’s ruling.

“The United States and Canada negotiated specific market access terms covering a wide variety of dairy products, but instead of playing by those mutually agreed upon rules, Canada ignored its commitments. As a result, U.S. dairy farmers and exporters have been unable to make full use of USMCA’s benefits,” said Jim Mulhern, president and CEO of NMPF, calling the decision” an important victory for U.S. dairy farmers and the millions of Americans whose jobs are tied to the U.S. dairy industry.”

TRQs are a system of tariffs negotiated between countries that allow a predetermined quantity of imports at a specified tariff rate, where that rate is often at or near zero. Any additional imports above that predetermined quantity are subject to significantly higher tariffs. In the case of U.S. dairy products, these additional Canadian tariffs typically price U.S. dairy products out of Canada’s market, making fair access to Canadian dairy TRQs vital to maximizing exports to that market.

When the Office of the U.S. Trade Representative (USTR) brought the case in May, it argued that Canada has maintained dairy TRQ measures that run counter to its market access obligations under USMCA. USMCA specifically requires that Canada open its TRQ application process to anyone active in the Canadian food and agriculture sector. Yet USTR noted that Canada designates the bulk of its quotas to Canadian dairy processors who have little incentive to import, does not provide fair or equitable procedures for administering the quotas, and does not give retailers any access to them. These measures deny the ability of U.S. dairy farmers, workers, and exporters to use the TRQs and fully benefit from USMCA.

While the United States tried to resolve the matter through consultations with Canada before initiating the Dispute Settlement Panel, Canada refused to change its policies. NMPF and USDEC engaged USTR and Congress, achieving broad bipartisan support from more than 125 members of the House and Senate for bringing this matter to the USMCA Dispute Settlement Panel. There, a panel of legal experts evaluated Canada’s current dairy trade policies against its commitments under USMCA and found Canada was not meeting its USMCA obligations.

Trade Win Over Canada Builds on Dairy’s Policy Successes

Every day, across the full range of dairy policy and on-farm needs, NMPF seeks tangible gains for our members. Only a few days into the new year, our approach is already serving dairy well in 2022.

After focused and relentless efforts from NMPF, our member cooperatives and the U.S. Dairy Export Council, dairy farmers are on track to gain greater, well-deserved access to Canada’s dairy market. A USMCA Dispute Settlement Panel on Tuesday agreed with the United States that Canada is not living up to its end of the dairy deal it agreed to under the U.S.-Mexico-Canada Trade Agreement.

NMPF’s been fighting for U.S. dairy farmers throughout. I and members of my staff serve as confidential advisors to the U.S. Trade Representative, and we were able to press our case on the need for U.S. government action to call Canada to account. As the conflict unfolded, we were able to build support among lawmakers and trade officials for forceful action. In fact, the resolution mechanism itself may not have been so robust without NMPF/USDEC efforts – dairy urged that strong dispute settlement procedures be included in USMCA. The dispute over Canada’s dairy policies, which backtracked on Canada’s promises of greater U.S. dairy market share, was that mechanism’s first test.

And U.S. dairy, led by its cooperatives, won, sending a signal not just to Canada but to other trading partners as well about the importance of abiding by their trade commitments.

The gain is the latest in a string of wins for our members. In the past few months alone, we’ve taken the lead in achieving:

  • A boost in federal insurance against market risk for dairy farmer through USDA’s new alfalfa-cost calculations under the Dairy Margin Coverage program. The gain of 23 cents/cwt. in enrolled production in 2020 and of 20 cents/cwt. in 2021, announced last month, goes above and beyond the improved feed-cost calculation we had already achieved after DMC’s creation in the 2018 Farm Bill. It’s one of many safety-net improvements that have given dairy farmers hundreds of millions of dollars more in additional income beyond what they otherwise would have received.
  • Along with the alfalfa-cost improvement, the Supplemental DMC program implemented in December provides additional payments to those producers whose Dairy Margin Coverage production history is below five million pounds but has increased since 2014.
  • In the Infrastructure Investment and Jobs Act signed into law in November, the bipartisan, NMPF-backed DRIVE Safe Act addresses the ongoing shortage of truck drivers nationwide by creating an apprenticeship program for young adults ages 18-21 who already hold Commercial Drivers Licenses to drive in-state to be able to cross state lines. Also in the bill are NMPF-advocated broadband provisions that allocate more than $65 billion to increase high-speed internet access, improving service in rural areas.
  • Dairy Donation Program implementation in late August culminated 18 months of NMPF’s work with Congress and USDA. The program uses $400 million to facilitate and expand existing partnerships between dairy organizations and non-profit distributors like food banks to combat food insecurity, increase dairy consumption, and minimize food waste. The program reimburses dairy co-ops and other processors for the full value of the raw milk needed to make the dairy product, as directed by Congress. NMPF also worked with USDA to secure reimbursement for processing and transportation costs.
  • After a months-long campaign by NMPF and the U.S. Dairy Export Council, Colombia’s Trade Ministry in December informed the U.S. Ambassador in Colombia that the agency was concluding a milk-powder safeguard investigation by deciding there was insufficient evidence to impose tariffs on U.S. exports, safeguarding dairy sales to a growing market. That decision agreed with legal and market assessments that USDEC, working with NMPF, delivered to Colombia’s government, helping to maintain our sixth-largest market for U.S. milk powder exports.
  • Also in December, the U.S. House of Representatives passed the Ocean Shipping Reform Act by an overwhelming bipartisan margin of 364-60. NMPF, USDEC and other agricultural organizations have been pursuing a months-long, multi-pronged approach to tackling the shipping crisis, an effort that remains underway. In response to such efforts, the Biden Administration has now adopted a more-muscular approach toward foreign shippers that pass on transporting U.S.-made goods, positioning the industry well for legislative progress as we pursue companion legislation in the Senate in the new year and for further steps by the Administration to tackle the complex challenges of the export supply chain crisis.

We’ve also seen gains that help dairy operations do what they do best – provide high-quality, nutritious products to Americans and the world.

  • The FARM Program has restarted in-person evaluations, assuring the supply chain that dairy farmers are continuously improving the top-quality animal care, antibiotic stewardship, biosecurity, environmental stewardship, and workforce development that consumers demand. FARM also was cited as a “game changer” in dairy sustainability at the UN Food Systems Summit in September, helping further cement U.S. dairy as a global stewardship leader as that becomes a greater key to competitiveness. NMPF was a leader in defending U.S. agriculture against attacks on animal agriculture at the summit.
  • And after coordinated comments with other agricultural organizations, EPA in early December decided to delay a decision on the use of pyrethrins in agriculture until at least 2024 after EPA had advocated for their prohibition. Pyrethrins are the most effective and safe product to use for adult fly control on agriculture operations.

Each success helps dairy farmers in our member cooperatives – NMPF’s core mission – as we head into 2022.

The year’s challenges will be many. A new Farm Bill looms in 2023; this is the year the debate becomes fully engaged. Federal Milk Marketing Order issues demand attention. Progress toward sustainability goals remain crucial on the farm and in the global marketplace. Plant-based dairy alternatives continue to compete with dairy using unfair labels, with FDA action on the issue expected in the year’s first half, and cell-based imposters loom on the horizon. The Administration remains stalled on the pursuit of new trade agreements which are urgently needed to further expand opportunities for our exports.

Our progress builds confidence that 2022 will also bring tangible policy and on-farm gains for our industry. We look forward to more progress as our challenges evolve, the dairy producer community comes together as one to meet them, and we move our industry forward.

U.S. Triumphs in USMCA Dispute with Canada Over Dairy Market Access

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) celebrated a landmark decision published today which found Canada is improperly restricting access to its market for U.S. dairy products in violation of its U.S.-Mexico-Canada Agreement (USMCA) tariff-rate quotas (TRQs) commitments. The case is the first of any kind brought before a USMCA Dispute Settlement Panel and was launched with broad bipartisan support last May at the urging of NMPF and USDEC. NMPF and USDEC urged Canada to comply swiftly with the panel’s ruling.

“The United States and Canada negotiated specific market access terms covering a wide variety of dairy products, but instead of playing by those mutually agreed upon rules, Canada ignored its commitments. As a result, U.S. dairy farmers and exporters have been unable to make full use of USMCA’s benefits,” said Jim Mulhern, president and CEO of NMPF. “Today’s decision is an important victory for U.S. dairy farmers and the millions of Americans whose jobs are tied to the U.S. dairy industry. America’s dairy farmers appreciate the Biden Administration’s dedication to preserving dairy export opportunities and the many members of Congress that have also stressed the importance of aggressive enforcement of dairy access rights in our trade agreements.”

“On behalf of America’s dairy farmers and manufacturers, we want to thank Ambassador Katherine Tai for launching the dispute settlement process and Congressional leaders for strongly supporting the need to uphold USMCA’s dairy provisions. We expect Canada to abide by its trade commitments so that the American dairy industry can fully access the Canadian markets just as USMCA promised,” said Krysta Harden, president and CEO of USDEC. “While this is an essential victory, it is one step in a much longer journey. Our work to uphold the full benefits of USMCA continues, as we strive to reduce supply chain disruptions for our exports and ensure Mexico’s adherence to the dairy provisions of the USMCA, among other key matters.”

TRQs are a system of tariffs negotiated between countries that allow a predetermined quantity of imports at a specified tariff rate, where that rate is often at or near zero. Any additional imports above that predetermined quantity are subject to significantly higher tariffs. In the case of U.S. dairy products, these additional Canadian tariffs typically price U.S. dairy products out of Canada’s market, making fair access to Canadian dairy TRQs vital to maximizing exports to that market.

When the Office of the U.S. Trade Representative (USTR) brought the case in May 2021 following persistent advocacy from NMPF and USDEC, it argued that Canada has maintained dairy TRQ measures that run counter to its market access obligations under USMCA. USMCA specifically requires that Canada open its TRQ application process to anyone active in the Canadian food and agriculture sector. Yet USTR noted that Canada designates the bulk of the TRQs to Canadian dairy processors who have little incentive to import, does not provide fair or equitable procedures for administering the TRQs, and does not give retailers any access to the TRQs. These measures deny the ability of U.S. dairy farmers, workers, and exporters to utilize the TRQs and realize the full benefits of the USMCA.

While the United States tried to resolve the matter through consultations with Canada before initiating the Dispute Settlement Panel, Canada refused to change its policies. NMPF and USDEC engaged USTR and Congress, achieving broad bipartisan support from more than 125 members of the House and Senate for bringing this matter to the USMCA Dispute Settlement Panel. There, a panel of legal experts evaluated Canada’s current dairy trade policies against its commitments under USMCA and found Canada was not meeting its USMCA obligations.