Climate Smart Ag Priorities Advance in House

NMPF’s year-long advocacy for robust new conservation funding yielded another step forward as the House of Representatives passed its budget reconciliation measure on Nov. 19. The bill, now known as the Build Back Better Act, includes a once-in-a-generation, NMPF-backed $27 billion funding boost for conservation programs, with an emphasis on climate smart agricultural practices. This substantial funding will provide producers with technical assistance for sustainability and stewardship practices, which will be critical to realizing the dairy industry’s 2050 sustainability goals, as embodied in the Net Zero Initiative.

The House’s action is no small feat. Democratic leadership negotiated for months to find a compromise that would satisfy the various factions of their caucus while also fulfilling budget reconciliation requirements that allow the measure to pass the Senate with a simple majority. NMPF has worked throughout this process to further the interests crucial to dairy farmers and their cooperatives, both advocating for key provisions and urging against harmful efforts that would undermine dairy’s stewardship goals.

NMPF praised the new climate-smart ag investments in the bill as the measure moved closer to full House consideration. “Dairy farmers have long been proactive land and water stewards because they seize opportunities for innovation,” said NMPF President and CEO Jim Mulhern. “These investments will better position dairy farmers to proactively implement the dairy sector’s Net Zero Initiative and fulfill its 2050 environmental stewardship goals.” Mulhern also thanked Senate Agriculture Committee Chairwoman Debbie Stabenow (D-MI) for her leadership in spearheading the climate smart ag provisions.

Highlights among the bill’s investments:

  • $9 billion in new funds for the Environmental Quality Incentives Program, which provides important technical assistance to dairy farmers, targeted toward stewardship practices that can reduce greenhouse gas emissions;
  • $25 million annually for Conservation Innovation Trials, with the new funding targeted toward initiatives that use feed and diet management to reduce enteric methane emissions, which can comprise roughly one-third of a dairy farm’s greenhouse gas footprint. NMPF is excited for this opportunity to amplify its focus on innovative feed additives and rations that reduce enteric emissions;
  • A new cover crop initiative to pay producers $25 per acre of established cover crop practices to reduce nutrient runoff and soil erosion; and
  • $7.5 billion in new funds for the Regional Conservation Partnership Program, which funds locally developed, targeted partnership projects, with emphasis on initiatives that incentivize or target reduced methane emissions.

NMPF has also worked successfully to exclude from the measure proposed changes to the tax code which would have changed how and when capital gains on inherited assets are taxed, including inherited farms and other farm assets. NMPF has actively worked to prevent these changes – commonly referred to as modifying “stepped-up basis” – since they were initially floated earlier this year to pay for the spending initiatives in the larger package.

Thanks to significant NMPF-led advocacy, the tax-writing House Ways and Means Committee did not include these changes in its original portion of the measure, and the full House upheld the committee’s decision. “We are grateful that Congress is likely to heed our call and put aside problematic tax proposals that if enacted would have harmed the future of family farming,” Mulhern said.

The Senate is expected to take up the budget reconciliation package after Thanksgiving. The Senate will likely change the measure in some respects, which will require the House to vote on the revised version. NMPF does not anticipate modifications to the climate smart ag provisions or an attempt to insert the problematic capital gains taxes changes and will work closely with congressional offices to ensure that these dairy priorities make it across the finish line.

EPA Delays Pyrethrins Decision After NMPF Comments Advocate Use

The Environmental Protection Agency in early December decided to delay a decision on the use of pyrethrins in agriculture until at least 2024 after NMPF filed joint comments with other agricultural organizations, including the American Farm Bureau Federation and the National Pork Producers Council, 3 advocating for the continued use of pyrethrins on agriculture operations.

“The pyrethrin + products are fundamentally important to the US livestock and poultry sectors for the control of many airborne and other animal house insect pests, especially house and stable flies,” the groups wrote on Nov. 3. “These insects are highly detrimental to the health and welfare of the animals, the persons working in the houses, and lead to risks of spread of food safety pathogens.

Pyrethrins are the most effective and safe product to use for adult fly control on agriculture operations. After initiating a registration review on Dec. 2011, EPA proposed the prohibition of multiple applications of pyrethrins, including the use in animal barns, even after recognizing that this could negatively impact pest control, citing “potential risks of concern for residential handlers and adults and children who are exposed after application.”

The joint comments emphasized the important role pest management plays in biosecurity and disease control, noting and that there is little to no public exposure to pyrethrins when applied properly.

OSHA Issues Emergency Vaccination Mandate; Litigation Ensues

On Nov. 4, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) requiring employers with more than 100 employees to develop, implement and enforce a COVID-19 vaccination policy. The mandate’s fate remains in question as intense legal activity surrounding it will likely send it to the Supreme Court. NMPF has been engaged with federal officials throughout, protecting dairy interests as the controversial measure plays out.

The Emergency Temporary Standard (ETS) action is one part of President Biden’s overall multi-prong plan to vaccinate the unvaccinated, potentially affecting more than 80 million people. The ETS released Nov. 4 requires employers with more than 100 employees to ensure the workers are vaccinated against COVID-19 or have a negative weekly COVID-19 test. The ETS requires employers subject to the OSHA ETS Vaccination Mandate to have a written policy in place by Dec. 5.

Several members of the National Council on Farmer Cooperatives and NMPF met with the White House Office of Management and Budget (OMB) on Oct. 18, more than two weeks before the rule was released, to discuss the standard then under development. The coalition that met with OMB raised numerous concerns about the mandate while making it clear it will continue to advocate for vaccinations.

Key questions include whether there will be enough tests to handle the demand. If there are insufficient tests to meet demand, the coalition is concerned the program will fail, further disrupting an already fragile supply chain. NMPF suggested that the White House should consider invoking the Defense Production Act (DPA), as it did several times in the past year to address other COVID related issues, to ensure availability of affordable rapid COVID-19 tests.

The group also raised concerns about record-keeping, time-off requirements, and potential suspension of the ETS if it creates supply chain disruption, particularly for workers deemed essential by DHS-CISA in its Critical Infrastructure Workers v 4.0 NMPF helped develop in 2020. Still, despite the ongoing litigation, NMPF suggests employers complete their written policies to avoid any negative repercussions and to encourage vaccination.

To assist in compliance, OSHA has provided two templates that are available from NMPF. One is for employers that mandate all employees get vaccinated and one is for employers that give employees the option to get vaccinated or wear a face covering and submit weekly negative COVID-19 test results. OSHA is suggesting that employers incorporate any existing COVID-19 policy into one of these templates.

The blue text in the templates show where they need to be customized. Below are the requirements that need to be in place by the respective compliance dates. OSHA has been clear in stating the ETS preempts any state or local prohibition on mandates. But OSHA also cautions employers to be mindful of conflicts with collective bargaining agreements.

The following details what needs to be achieved by requirement deadlines, however, OSHA has agreed to not enforce these requirements as long as the nationwide 5th Circuit Court of Appeals stay is in effect.

Dec. 5, 2021:

Employers must: (1) collect each employee’s vaccination status; (2) require unvaccinated employees to wear masks; (3) educate employees on and promote the benefits of the COVID-19 vaccine; and (4) require employees who are COVID-19 positive to quarantine and set protocols for dealing with the same.

Jan. 4, 2022:

Employers must begin requiring testing of unvaccinated employees weekly. (Note: employers are not required to pay for testing).

NMPF has shared several documents with its Regulatory Committee to help understand and prepare for compliance with the ETS which we will be happy to share with the broader NMPF membership. NMPF has also shared the CDC’s Key Things to Know About COVID-19 Vaccines, OSHA’s Penalties document about supplying false information and OSHA’s Worker’s Rights Under the ETS document. These documents may collectively be used meet the employee education requirements.

Finally, NMPF provided the link to OSHA’s ETS page: COVID-19 Vaccination and Testing ETS | Occupational Safety and Health Administration (osha.gov)   This requirement will impact over 80 million workers in private sector businesses with 100+ employees.


Current Litigation Status

Lawsuits were filed in every Court of Appeals shortly after the ETS was issued, on November 16th all cases were consolidated and the 6th Circuit Court of Appeals was selected to hear the case.  The Court has set a schedule and it appears that the stay will remain in place until at least December 10th. Any decision by the 3-judge panel would be appealed “en banc” to all active judges in the 6th Circuit, after that an appeal would go straight to the Supreme Court.

Because this is an extremely high-profile issue, NMPF expects the litigation will move swiftly and the stay could be terminated any time after Dec. 10th. NMPF advises members to at the least be familiar with the issues, action and materials that will be needed should the stay be lifted. Those materials are available on NMPF’s website and questions can be directed to Clay Detlefsen on NMPF’s staff.

NMPF Vice Chair Urges Congressional Committee to Focus on Trade

NMPF First Vice Chair and California dairy producer Simon Vander Woude highlighted the need for the U.S. government to pursue new market access opportunities in a Nov. 17 U.S. House of Representatives subcommittee hearing on agricultural trade.

Vander Woude, who also serves as chairman of California Dairies, Inc., pointed to the preferential market access that the European Union, Australia, and New Zealand have aggressively negotiated in a list of key dairy markets and the subsequent loss of American dairy competitiveness as the playing field continues to tilt against the United States. The list of priority markets to target for expanded access included China, Southeast Asia, Japan, the Middle East, and the United Kingdom.

“We farmers need a proactive trade policy to keep pace and continue to increase sales to support the good farm and manufacturing jobs our industry creates,” Vander Woude said.

Vander Woude in his testimony also said Congress and the administration need to address supply chain delays that call into question the reputation of the United States as a reliable supplier, as well as for enforcement of existing trade agreements. He noted that both new trade deals, such as the USMCA agreement, and longstanding bilateral agreements warrant strong enforcement, in addition to ensuring WTO members live up to their obligations to preserving hard-won market access opportunities.

“As Simon outlined so well to the House Livestock and Foreign Agriculture subcommittee today, exports are essential to the health of dairy farmers and to our wider industry,” said Jim Mulhern, NMPF president and CEO. “New access into markets like Canada and Japan last year was a welcome first step, but still far less than what our farmers need to remain competitive globally. The United States needs to begin moving forward again with trade agreements and other policies that expand foreign market opportunities to help family dairy farms thrive and support the thousands of jobs that depend on dairy across this country.”

October DMC Margin Shows Another Large Monthly Increase

The October margin under the Dairy Margin Coverage program was $8.77/cwt, $1.85/cwt higher than a month earlier, as prices rose and feed costs fell. The October margin will produce a payment of about $0.73/cwt for coverage at the $9.50/cwt level. When eventually topped up with the full dairy-quality alfalfa cost figured in, this payment will rise to $0.96/cwt.

The October DMC feed cost dropped $0.55/cwt from a month earlier, mostly on a lower corn price, while the milk price rose by $1.30/cwt to $19.70/cwt. The increase was the third largest one-month increase since milk price-minus-feed cost margins were first calculated for federal dairy safety-net programs in 2014. Together with August’s increase, October’s margin rose $3.53/cwt over a two-month period.

The recent strength of milk prices is expected to continue through the end of the year, potentially ending this year’s unbroken string of margins below $9.50/cwt.

FARM Announces Inaugural Excellence Award Winners

Leaders in supporting the FARM Program’s key areas of focus gained recognition at the first-ever FARM Excellence Awards announced at the 2021 Dairy Joint Annual Meeting.

The National Dairy Farmers Assuring Responsible Management (FARM) Program established the awards were established to recognize farms and evaluators demonstrating excellence in their engagement with the FARM Program.

Winners in the following categories are:

  • Animal Care & Antibiotic Stewardship: Borst Dairy | Rochester, MN, AMPI
  • Environmental Stewardship: Canon Dairy | West Middlesex, PA | DFA
  • Workforce Development: Willow Behrer Farms | Spruce Creek, PA | Land O’ Lakes
  • FARM Evaluators: Tim Boeck | Land O’ Lakes

Nominations were scored and winners were selected by a review committee comprised of Farmer Advisory Council members and other subject matter experts. Visit the FARM Excellence Awards page for more details and full bios.

Agri-Mark Tops 2021 Cheese Contest

Agri-Mark received the Chairman’s Award for the Grand Champion cheese with its Extra Sharp Cheddar made in Middlebury, Vermont by the Middlebury Team on Nov. 15 at NMPF’s Annual Meeting, citing its outstanding flavor profile as part of what set it apart from the other 180 entries submitted by 12 cooperatives.

“When I grade cheese in a certain category, I look for a cheese to stand out and meet the characteristics of that category,” said contest judge Dr. Marianne Smukowski. “The cheese that won the extra sharp cheddar did just that. The flavor and texture of that cheese was fantastic. It was one of the best cheeses I ever graded.”

NMPF also gave out a Reserve Chairman’s Award to recognize a cheese that was almost as good as the Chairman’s cheese. This award, which was started last year, was awarded to Associated Milk Producers Inc. for its Pasteurized Processed American and Monterey Jack Cheese with Red Bell and Jalapeno Peppers made in Portage, Wisconsin by AMPI’s Dinner Bell Creamery.

NMPF’s cheese contest provides cooperative members an opportunity to showcase their best cheeses. In total, judges compared 2,155 pounds of cheese.

Other notable awards include:

  • Best Cottage Cheese, going to Upstate Niagara Cooperative Inc. for its 4% Pineapple flavored cottage cheese made in Buffalo, NY by Bison; and
  • Best Italian going to the Associated Milk Producers Inc. for its Aged Parmesan Wheel made in Hoven, South Dakota by the AMPI team.

NMPF would like to extend a large thank you to their cheese judges, Ms. Allison Reynolds, USDA, Dairy Grading Branch, Turlock, California; Mr. Timothy Meyers, College of DuPage, Glenn Ellyn, Illinois; and Smukowski, University of Wisconsin, Madison – retired and to the cooperatives who entered cheese. For the entire list of award winners, click here.

Young Cooperators Convene for Leadership & Development Program

In conjunction with NMPF’s annual meeting, more than 75 young dairy farmer leaders met in Las Vegas for the National Young Cooperators (YC) Leadership and Development Program. Producers from 13 member cooperatives participated in two days of professional development training Nov. 14-15. Offerings included:

  • A panel of dairy farmers discussing how they manage workforce challenges;
  • A session on managing stress and leading through adversity;
  • A discussion about bridging the “great divide” between on-farm practices and consumer perceptions;
  • A consumer panel focused on sustainability and animal care;
  • A conversation about communicating with the public about dairy; and
  • A deep dive into ecosystem service markets.

The National YC Program was created in 1950 to provide up-and-coming dairy leaders with a better understanding of issues facing farmers and their cooperatives. The event was sponsored by Farm Credit.

Between now and the program’s capstone Dairy Policy and Legislative Forum in June, the YC program will offer monthly, 45-minute virtual events alternating among dairy-focused webinars, virtual farm tours and industry leader panels. Employees and owners of dairy farms that are members of an NMPF member cooperative and under the age of 45, as well as co-op staff, are invited to participate.

NMPF Celebrates Dairy’s Gains in Return to In-Person Annual Meeting

NMPF Chairman Randy Mooney and President and CEO Jim Mulhern touted dairy’s gains in 2021 at NMPF’s joint annual meeting Nov. 15-17, as record exports and per-capita U.S. consumption at a more than 60-year high point to a bright future for the industry.

“The past 20-plus months have shown us that life can change quickly, and in ways beyond our control,” said Mooney, a dairy farmer from Rogersville, Missouri, in remarks before dairy farmer-leaders from NMPF’s 24 member cooperatives. “It’s also shown that when that happens, people turn to what they know and trust. They turn to dairy.”

NMPF joined with the National Dairy Promotion and Research Board and the United Dairy Industry Association in the theme of “Make Every Drop Count,” with more than 600 registrants returning to an in-person gathering this year.

NMPF President and Chief Executive Officer Jim Mulhern highlighted NMPF’s work for its members in his remarks, including leading policy efforts that brought more than $6 billion in federal aid to dairy farmers at the height of the COVID-19 pandemic as well as regulatory initiatives and advances in trade.

“We are ‘The Voice of Dairy Farmers in Our Nation’s Capital,’ and we take that mission very seriously. And through our experience over the past year and a half, I know we are well-positioned to meet the many challenges that lie ahead,” Mulhern said. “When we are strategic, patient, and act with intelligence, and realistic expectations, we can meet our challenges.”

Deputy Agriculture Secretary Jewel Bronaugh also spoke to the meeting via video, highlighting dairy’s leadership in climate-smart agriculture initiatives and environmental stewardship.

“It is inspiring to see the dairy industry as leaders in advancing solutions to the challenges we face in agriculture through inclusive, accessible innovation technology and approaches,” she said. “You are leading the way as United States dairy embraces a 2050 Net Zero Initiative to help dairy farms of all geographies and sizes continue to implement new technologies and adopt economically viable practices in feed production, animal care, energy efficiency and manure management.”

Also providing remarks via video were Sen. Debbie Stabenow, D-MI, chairwoman of the Senate Agriculture Committee; Rep. G.T. Thompson, R-PA, ranking member of the House Agriculture Committee; and Sen. Mike Crapo, R-ID.

NMPF also held governance meetings and revived its annual, nationally recognized cheese contest – successfully conducted virtually last year – as an in-person celebration. Results here.

Mooney was reelected Chair of the organization, and Dave Scheevel of Foremost Farms was reelected Treasurer.  New Board officers including Simon Vander Woude of California Dairies, Inc., First Vice Chair; Cricket Jacquier of Agri-Mark, Second Vice Chair; and Jay Bryant of Maryland-Virginia Milk Producers, Secretary.

Those five officers are joined by ten others elected this week to NMPF’s Executive Committee:

Steve Schlangen, Associated Milk Producers, Inc.; Rob Vandenheuvel, California Dairies, Inc.; Melvin Medeiros, Dairy Farmers of America; Dennis Rodenbaugh, Dairy Farmers of America; Pete Kappelman, Land O’Lakes; Doug Chapin, Michigan Milk Producers Assn.; Allan Huttema, Northwest Dairy Association; Tony Graves, Prairie Farms Dairy; Craig Caballero, United Dairymen of Arizona; and Jimmy Kerr, Cooperative Milk Producers.

New directors elected to the Board of Directors by NMPF delegates  include:

  • Neil Zwart – California Dairies, Inc.
  • Travis Fogler – Dairy Farmers of America
  • Ed Gallagher – Dairy Farmers of America
  • Karen Jordan – Dairy Farmers of America
  • Melvin Medeiros – Dairy Farmers of America
  • Perry Tjaarda – Dairy Farmers of America
  • Greg Schlafer – Foremost Farms
  • Duane Hershey – Land O’Lakes
  • Doug Chapin – Michigan Milk Producers Assoc.
  • Tony Freeman – Northwest Dairy Association
  • Joe Jenck – Tillamook County Creamery Assoc.
  • Craig Caballero – United Dairymen of Arizona

NMPF also recognized two retiring board members, Greg Wickham of Dairy Farmers of America and Ken Nobis of Michigan Milk Producers Association, as Honorary Directors for Life.

NMPF also held its annual Young Cooperators gathering in conjunction with the annual meeting.

Dairy Defined: Tough Times Arrive in Fake-Food Land

The hype couldn’t last forever.

No matter how many celebrity funders are brought on board or “next best thing” pitches are made to launch a product, eventually, over-the-top marketing comes back to bite, and that’s what’s been happening in the world of fake food. Here are a couple recent examples.

Oatly, the darling of the plant-based beverage set, lost one-fifth of its trading value in one day last month after warning it wouldn’t meet revenue expectations. As is the fashion of the day, Oatly blamed the pandemic and supply chains, but the simple truth is, consumer demand isn’t what it was earlier hyped up to be. Third-quarter sales in the Americas, expected at 40 million liters a month, fell short by 3 million.

The company is facing quality control issues as well, with a recall in its native Sweden for potential loose metal in its products. Of all the ingredients seen in plant-based beverages, “loose metal” would be among the least desired – and that’s saying a lot. Oatly’s trajectory toward making oats-and-chemicals America’s drink of choice is falling like a lead balloon – evidence of that via a battered share price, which has kept falling since the bad news was revealed, is a welcome sign of marketplace sanity.

Beyond Meat is another case study in facts can complicate an all-too-perfect narrative. Last month the company had to dramatically lower its expectations for revenue growth, using the pandemic as a cover for a consumer market that’s fizzled much faster than anticipated. Share prices fell accordingly, and like Oatly’s, they keep heading down. Beyond Meat isn’t in the fake dairy business (though it’s made rumbles), but it’s all the same story in animal agriculture, with so-called “innovators” making a short-term splash, then fading with their ad campaigns.

None of this, to be sure, means these companies are going to disappear. Overpriced, flavored plant water has been around for four decades, and while we still wonder why anyone thought they could improve upon the venerable Boca Burger, Beyond Meat has carved its niche. Consumers want variety, and consumer attraction to alternative products is something P.T. Barnum would have found completely understandable generations ago. Though we regret their effects on public health and the environment, fake foods are likely to proliferate even further, as test tubes and fermentation labs bring new imitators that will employ the same sales tricks as their plant-based predecessors. The imposters, it’s safe to say, are here to stay.

What doesn’t need to stay are lax labeling standards and consumer misinformation. A market functions better when it’s transparent – that’s true at a local supermarket as much as it is on Wall Street. This principle is becoming even more important in dairy as where-your-food-comes-from questions become even more crucial to consumer trust and honest marketing.

Over time, promotional flim-flam gets found out, and investors and the public learn that The Next Big Thing isn’t what it was cracked up to be. But the process would move more quickly – and less painfully – if consumers held a clearer understanding of true food “innovation” and better tools for identifying what a food is and what it isn’t. The sooner the puff-up-and-bust cycle is recognized, the more consumer dollars will be better directed toward more nourishing products – the ones that will survive the ups-and-downs of food fads and cash grabs.

NMPF Statement on the Dairy Pricing Opportunity Act

From NMPF President and CEO Jim Mulhern:

“Sen. Gillibrand’s legislation, cosponsored by Sens. Leahy and Collins, adds bipartisan momentum to a range of critical milk pricing discussions that dairy farmers are having through NMPF’s Economic Policy Committee. NMPF is continuing to work with USDA and Congress on how best to remedy deficiencies in the Class I mover formula and fully recoup $750 million in unintended losses felt by farmers of all sizes. NMPF also is leading discussions on a broad range of Federal Milk Marketing Order reform issues important to producers in all regions of the country. We look forward to pursuing policy improvements that will serve all dairy producers more equitably and effectively.”