NMPF Applauds USDA Climate-Smart Initiative, Supply Chain Assistance

The National Milk Producers Federation, which represents U.S. dairy farmers and the cooperatives they own, commended the Biden Administration and Agriculture Secretary Tom Vilsack for key steps announced today to assist U.S. farmers and consumers with current challenges while charting a course toward a long-term, climate-smart future for all of agriculture.

“NMPF applauds Agriculture Secretary Tom Vilsack and his team at USDA for its  climate smart agriculture initiative announced today,” said NMPF President and CEO Jim Mulhern. “By aiding the finance of climate-smart farming practices and the marketing of climate-smart commodities, this initiative will ensure even greater U.S. leadership in sustainably feeding the planet. It also will help keep U.S. farmers competitive in a global market that’s increasingly sensitive to agriculture’s effects on climate.

“U.S. dairy farmers have been and will remain leaders in sustainable agricultural production, supporting innovative use of technology and committing to a carbon-neutral future through its forward-thinking Net Zero Initiative. The recently concluded UN Food Systems Summit showed how U.S. government leadership can foster productive dialogue on agriculture and the world’s future climate. Dairy supports these efforts and looks forward to working with USDA and other agencies on crucial climate initiatives.”

Congress is currently considering additional conservation funding with an emphasis on climate smart practices. NMPF led a broad coalition last month supporting new investments in conservation programs targeted toward climate smart practices that can yield meaningful environmental benefits.

Mulhern also praised USDA’s move to provide $500 million in relief from agricultural market disruptions, such as backlogs at U.S. ports that are impeding the flow of dairy products to the consumers worldwide who are demanding them.

“In addition to these important climate initiatives, U.S. dairy farmers appreciate USDA’s allocation of Commodity Credit Corp. funds to alleviate the economic damage caused by recent backlogs at U.S. ports that are hindering access to critical markets overseas,” Mulhern continued. “Although dairy exports are at a record pace, it is coming at a heavy cost to our members and to exporters of U.S. dairy products. Foreign buyers are demanding even greater volumes while voicing growing concerns about U.S. reliability. We stand ready to assist the administration any way we can to help alleviate the ports crisis and aid those who have been negatively affected.”

 

All Too Quiet on the Fake-Dairy Front

The news has been quiet on the fake-dairy front. Too quiet.

To update on the latest from FDA, which regulates food-product labeling: FDA is saying it will offer guidance on the labeling of plant-based milk alternatives by June. But indications of what that may actually mean are sparse, even though the agency’s own course of action – should they choose to follow their own rules — is clear.

A new rule on yogurt labels put into effect in July is a helpful, and hopeful, sign. The rule robustly defends standards of identity that ensure consumers purchase products that meet their expectations. As dairy farmers, and consumers, have always maintained, how a food is made, and where it comes from, matters. FDA’s recognition of that is a big win for labeling integrity, one we’re hoping is reflected in next year’s guidance.

But beyond that, nada from an agency that hasn’t inspired confidence via its 40 years of neglect on this issue. The quiet isn’t just unusual, it appears to be willful. In the past year, we at the National Milk Producers Federation have sent two letters – one last October, and another last month, to the FDA’s ombudsman, the office within the agency that members of FDA-regulated industries go to when they experience problems with the regulatory process.

Other than an acknowledgment of receipt of the first letter, again, nothing. And that’s strange, because, as we note in our second letter, if the FDA uses its guidance next June to do anything other than defend its own standards:

We caution FDA that rewriting an existing rule with guidance would be a violation of the Administrative Procedures Act (APA). The APA requires regulatory changes to be made using notice and comment rulemaking which a guidance cannot overrule. In addition, some federal courts are no longer bowing to an agency’s use of enforcement discretion when such discretion is broad and long-term and amounts to a de-facto re-write of existing rules.

And that makes us wonder what FDA is worried about. With food-labeling litigation becoming ever-more sophisticated and time-consuming, the temptation for a federal agency to simply throw up its hands on a hot-button issue would be high. We also know the lack of a new commissioner can slow down decision-making. And it’s not as if the agency isn’t trying to catch up on other pressing matters.

But that’s not serving the interest of the consuming public, which FDA is charged to do. And this issue isn’t a heavy lift – once again, as the FDA states, “Milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows.” That’s the standard. Full stop.

And without that respect for standards – the same respect showed in the yogurt rule – and the courage required to enforce them, a Wild West approach to labeling predominates. And the problem of consumers being misled into incorrect notions of nutritional equivalence by bad-faith labeling – one that’s literally contributed to child malnutrition — only worsens.

We’re hoping to hear back soon.

Joint NMPF and USDEC Statement on UN Food Systems Summit

From NMPF President and CEO Jim Mulhern:

“The National Milk Producers Federation commends U.S. officials for their leadership throughout the UN Food Systems Summit process, including the pre-summit ministerial meeting in Rome and today’s important UN discussions. We especially thank U.S. Secretary of Agriculture Tom Vilsack and USAID Administrator Samantha Power for clearly laying out key commitments of the United States in the journey to enhanced food systems. Global progress requires global engagement, and as the world’s leading producer and exporter of food, U.S. leadership is crucial to furthering sustainable approaches that enhance food and nutrition security for all.

“U.S. dairy farmers are proud of our industry’s critical support of food and nutrition security and sustainability through world-leading farming practices that create high-quality milk and dairy products. Animal agriculture plays an important role in providing a sustainable source of nutrition that’s critical for healthy diets and communities as well as a healthy planet, and we are encouraged by the many statements by world leaders today recognizing this important fact.

“U.S. dairy is proud to be part of the new Coalition of Action for Sustainable Productivity Growth for Food Security and Resource Conservation led by the U.S. government. We’re ready to do the work needed to advance the pragmatic, forward-looking approach the U.S. has charted throughout the summit’s process, in collaboration with other key players worldwide. This wide-ranging effort includes encouraging innovation through initiatives such as U.S. dairy’s Net Zero Initiative. It means applying the best science learned and adapted through our internationally recognized FARM Program. And it also means through working to mitigate food and nutrition insecurity by advocating for school milk programs worldwide, along with other important priorities.

“Some have viewed the summit as an opportunity to issue lengthy lists of do’s and don’ts to the farmers worldwide who work hard every day to feed us all. We’re proud to promote an approach that recognizes that farmers everywhere advance sustainability in many ways – with America’s dairy farmers at the forefront. Rather than trying to impose a uniform, misguided ideology on how the world eats, farms and produces food, we all need to do our part to use limited resources wisely and efficiently to feed a growing world population in environmentally sounds ways.

“NMPF looks forward to future events, such as the UN’s Climate Change Conference in November, as benchmarks to highlight and encourage further progress toward more innovative and efficient production practices. More than that, we look forward to productive, collaborative efforts that advance these goals.”

 

From USDEC President and CEO Krysta Harden:

“The U.S. Dairy Export Council deeply appreciates the extensive, high-quality work and crucial leadership the U.S. government has shown during the UN Food Systems Summit in fostering positive discussion on how the global food system can work for everyone. At a time when food and nutrition insecurity is tragically increasing in many parts of the world, the U.S. dairy industry is proud to be part of global solutions for feeding more people, more nutritiously and more sustainably than ever before. We applaud U.S. Secretary of Agriculture Tom Vilsack and USAID Administrator Samantha Power for their important remarks today highlighting the U.S. government commitments to improve global food security and invest in climate smart agricultural practices. And we look forward to working in the months ahead, both with the U.S. government through its Coalition of Action for Sustainable Productivity Growth for Food Security and Resource Conservation and with other crucial players, to build on the ambition and momentum the summit has generated to deliver a more sustainable global food system that works for all.

“Throughout these food-systems discussions, a few key principles are clear. Rules-based international trade matters. Science-based, practical policies matter. Access to affordable, nutritious foods matter. Without these key principles, conflict arises, ideology triumphs over principle, and human health suffers. To support these principles, we reaffirm our commitment to advancing science and evidence-based policy making, promoting rules-based international trade, minimizing environmental impacts without sacrificing overall diet quality and diversity, and avoiding food-systems approaches that lack the flexibility necessary to address diverse national, cultural, and personal circumstances. Instead of advancing flawed ideology, we will work with coalitions of like-minded countries and stakeholders around priority issues that encourage real progress towards more sustainable food systems and support U.S. dairy producers and exporters.

“The U.S. dairy sector excels at providing the world’s most sustainable milk at the highest level of quality, of which the world will only need more as population grows and nutrition demands increase. As an industry, U.S. dairy’s commitment to sustainability, productivity and nutrition security makes it a case study — not just in the livestock sector, but in all of global agriculture — of continuous improvement for the world’s benefit.

“We offer our continued support for the UN’s Sustainable Development Goals, for greater food and nutrition security, and all aspects of sustainability in the United States and worldwide. This dialogue will continue, and we are excited to contribute to it alongside robust U.S. leadership.”

Dairy Nourishes Africa, Building an Industry and Resilience

With the UN Food Systems Summit this week and World Food Day next month, dairy’s global leadership in building sustainable, robust food chains are in the spotlight. Dairy Nourishes Africa, an initiative from Global Dairy Platform, is developing dairy’s potential in East Africa, where nutrition needs are great and dairy provides an economically promising, sustainable solution.

“It’s an opportunity for U.S. dairy to build a business base in one of the fastest-growing regions in the world over the next 20, 30 years,” said Andrei Mikhalevsky, a former CEO of California Dairies Inc. and an advisor on the DNA Project. “And it gives the US dairy industry a real opportunity to make a difference in this part of the world and to do good, starting with the work in Tanzania.”

The podcast focuses on one project, a small dairy processor in the Southern Highlands of Tanzania called Sebadom founded by entrepreneur Anaty Kokushubira Kombeson and her mother. Working with DNA, the processor is supplying local schools and working with smallholder farmers to supply fresh milk while creating jobs.

“We started this company when I had my kid, she’s six years now. When she was about to start consuming dairy products, it was a bit of a challenge to get the quality milk for her,” she said. “Because of that challenge that we faced, that is where Sebadom came in.”

Also discussing DNA and dairy’s promise are Jay Waldvogel, a board member of Global Dairy Platform and Senior Vice President of Strategy and International Development for Dairy Farmers of America, and Dai Harvey, DNA’s Regional Technical Director with Land O’Lakes Venture37, the project’s implementing partner.

To learn more about Global Dairy Platform and the DNA effort, visit globaldairyplatform.com. People interested in contributing to the effort can write the program at dna@globaldairyplatform.com. And Anaty has an Instagram page, be sure to follow it at instagram.com/sebadomyoghurt. 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.

NMPF Cooperative Leader Spotlights Need for Class I Pricing Changes at Senate Hearing

Congress must do additional work to ensure dairy farmers are fairly compensated for losses rooted in a change to the pricing formula for Class I milk, a leader of Agri-Mark Cooperative and a member of NMPF’s Economic Policy Committee said today in a hearing called by Senate Agriculture Committee dairy subcommittee chair Sen. Kirsten Gillibrand (D-NY).

The hearing focused on issues related to milk pricing and the Federal Milk Marketing Order system, which has shown strains during the COVID-19 pandemic due in large part to flaws in the current Class I mover and its ripple effects through dairy revenues.  The pandemic “has created an even greater urgency to revisit orders,” said Catherine H. de Ronde, vice president for economic and legislative affairs for Agri-Mark, based in Andover, Massachusetts, in her testimony. “Negative PPDs had milk checks looking incredibly bizarre, de-pooling at a level never-before seen became a new phenomenon for many. The change to the underlying Class I mover was a key catalyst of these outcomes.”

The 2018 Farm Bill changed the Class I mover, which determines the price of fluid milk under the Federal Milk Marketing Order system, at the urging of dairy processors who sought greater price predictability. The change contributed to substantial market volatility last year and has led to an estimated $750 million in losses for farmers compared to the previous Class I formula. Without a fix, dairy farmers will permanently bear unfair and unnecessary price risk compared to processors during times of unusual market volatility.

USDA plans to mitigate last year’s losses somewhat through its Pandemic Market Volatility Assistance Program, which will reimburse farmers for $350 million of those losses. But that initiative distributes payments unevenly, requiring further remedies to equitably fill the gap for producers of all sizes.

“The National Milk Producers Federation appreciates the work of Senators Gillibrand and Hyde-Smith for today’s initial examination of crucial milk pricing issues,” said Jim Mulhern, president and CEO of NMPF. “Dairy farmers have done their best to navigate this ongoing crisis, aided in part by necessary disaster assistance. But without equitable assistance, many family dairy farmers across the nation will needlessly struggle from the effects of the Class I mover change they’ve already felt. And without a change in the mover, we can only expect these struggles will recur.”

Gillibrand leads the Subcommittee on Livestock, Dairy, Poultry, Local Food Systems, and Food Safety and Security. Sen. Cindy Hyde-Smith (R-MS) serves as the subcommittee’s Ranking Member.

COVID-19 Delta Variant: What Dairy Employers Need to Know

What is the Delta variant?

The Delta variant is currently the predominant strain of the COVID-19 virus circulating in the U.S. It is nearly twice as contagious as previous variants and more likely to cause severe illness than previous strains among people who are unvaccinated.

While it spreads primarily among the unvaccinated, no one is immune. Individuals infected with the Delta variant, including fully vaccinated people with breakthrough infections, can transmit it to others.


What can I do to protect myself and my workforce?

Get vaccinated. Authorized vaccines are highly effective at protecting people against severe COVID-19. Fully vaccinated people are much less likely to become infected and, if infected, to develop symptoms of COVID-19. They are at substantially reduced risk of severe illness and death from COVID-19 compared with unvaccinated people. NMPF is one of 30 agricultural organizations promoting vaccinations among farmers and other rural Americans.

Vaccination remains an employer’s best tool for returning to normalcy, even with the Delta variant. If you’re an employer, remove any barriers that could prevent your employees from getting vaccinated and consider offering incentives to employees upon proof of vaccination.

Health experts urge that an overwhelming portion of the population must be vaccinated to overcome the disruptions of COVID-19.


What guidance is available for fully vaccinated people?

Outdoor activities pose minimal risk to fully vaccinated people. However, to reduce their risk of becoming infected with the Delta variant and potentially spreading it to others, the CDC recommends that fully vaccinated people:

  • Wear a mask in public indoor settings if you are in an area of substantial or high transmission.
  • Get tested if experiencing COVID-19 symptoms
  • Isolate if they have tested positive for COVID-19 in the prior 10 days or are experiencing COVID-19 symptoms.
  • Get tested 3-5 days after exposure to someone with suspected or confirmed COVID-19
  • Continue to follow any applicable federal, state and local laws, rules, and regulations.

What guidance is available for unvaccinated people?

For unvaccinated individuals, CDC guidance for preventing COVID-19 and managing its spread remains unchanged:

  • Get vaccinated
  • Wear a mask
  • Stay six feet away from others
  • Avoid crowds and poorly ventilated spaces
  • Wash your hands often
  • Cover coughs and sneezes
  • Clean and disinfect
  • Monitor your health daily

What should be done in situations when not everyone is vaccinated?

In situations when vaccinated and unvaccinated workers may be interacting, the safest path is to act as if everyone is unvaccinated. This is a change brought about by the Delta variant, which, although much less likely to infect vaccinated people and much less likely to cause serious illness, may still be spread by the vaccinated. Also, the long-term effectiveness of current vaccines is unknown, making the risk of infection potentially higher among even the vaccinated in coming months.


Other Resources

CWT-Assisted Export Dairy Sales Through August Reach Nearly 950 Million Pounds

CWT member cooperatives secured 49 contracts in August adding 3.0 million pounds of American-type cheeses, 882,000 pounds of butter, 344,000 pounds of whole milk powder and 344,000 pounds of cream cheese to CWT-assisted sales in 2021. These products will go customers in Asia, the Middle East, Oceania, Central America and South America, and will be shipped August 2021 through February 2022.

CWT-assisted 2021 dairy product sales contracts year-to-date total 34.1 million pounds of cheese, 12.7 million pounds of butter, 5.1 million pounds of anhydrous milkfat (AMF), 9.1 million pounds of cream cheese and 18.5 million pounds of whole milk powder. This brings the total milk equivalent for the year to roughly 945.1 million 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.

All cooperatives and dairy farmers are encouraged to add their support to this important program. Membership forms are available at http://www.cwt.coop/membership.

FARM to Host Lunch Panel at World Dairy Expo

The National Dairy FARM Program will host a luncheon at World Dairy Expo in Madison, WI on Sept. 30 that will feature a panel discussion from industry stakeholders involved in the newest FARM initiatives, FARM Biosecurity and the Calf Care & Quality Assurance (CCQA). Space is limited and registration for this in-person only event is required.

Panelists for the luncheon include:

  • Josh White, Executive Director, Producer Education, NCBA
  • Kris Scheider, Wisconsin, Foremost Farms Dairy Farmer
  • Jennifer Van Os, PhD, Animal Welfare Assistant Professor and Extension Specialist, UW – Madison
  • Justin Potts, Senior Manager, Dairy 2025, Land O’ Lakes.

Visit FARM in the Exhibit Hall at booth EH 4508 where farmers can register to win a pizza party for their employees. NMPF and FARM will sponsor two World Dairy Expo Seminars – Dairy Cow Productivity: More Important to the Profitability of Your Dairy Operation than You Think presented by Peter Vitaliano, Ph.D., Vice President, Economic Policy and Market Research at NMPF and Practical Employee Management Strategies presented by Dr. Robert Hagevoort, Associate Professor and Extension Dairy Specialist, New Mexico State University.

NMPF Works to Preserve Market Access in Colombia

NMPF Executive Vice President for Policy Development and Strategy Jaime Castaneda testified in a hearing convened Aug. 12 by the Colombian Ministry of Trade, Industry and Tourism, calling on the Colombian government to terminate its safeguard investigation on imports of U.S. milk powder.

The Colombian government began the investigation in June to determine whether imports of U.S. milk powders were injuring its domestic industry, a move that appears to be politically driven. NMPF staff worked closely with USDEC’s regulatory team and South American office, as well as with U.S. exporters, to submit extensive data and information to Colombia to counter the Colombian livestock sector’s push to impose tariffs on U.S. milk powder exports.

Castaneda in his testimony highlighted that any imposed safeguard would create inefficiencies in the Colombian dairy processing sector and a market deficit of certain dairy products in Colombia, without helping its dairy producers. Castaneda called the safeguard request by Colombia’s cattle breeders purely political with no legal or factual basis.

“The milk powder import safeguards petition is a political action pursued in the months leading up to a presidential campaign at the expense of Colombia’s poorest and import-dependent small and medium-sized industries; it has no economic or commercial merit,” Castaneda said in his testimony. “By imposing a political safeguard, the Colombian government would create a serious conflict between Colombia and the United States, impacting Colombian exports of other products to the U.S.”

Castaneda encouraged the U.S. and Columbia to work together to expand overall milk consumption, benefiting farmers in both nations.

NMPF Works to Resolve EU Certification Barrier

As a result of significant advocacy and technical engagement by NMPF in collaboration with USDEC August yielded two major milestones in NMPF’s year-long work with the U.S. government to preserve workable access opportunities for U.S. dairy exports requiring EU certification.

NMPF met Aug. 3 with a broad U.S. interagency team regarding the U.S. government’s plan on implementing the new EU certificates. That meeting provided critical clarifications on the extent of the new requirements and – most importantly – reassurances that the process would not impose new burdens on U.S. dairy farmers and processors. USDA on Aug. 13 then published a summary of that information, outlining that the new EU certification process would simply entail verification that the milk used was either regulated as Grade “A” or under AMS’s milk for manufacturing program.

That announcement resolved the crux of the concern – whether the U.S. would be able to implement the new EU certificates in a non-burdensome manner. The hard-won victory followed months of painstaking discussions between U.S. and EU officials regarding the strength of the U.S. dairy system and the upheaval that would unfold from either upending trade or imposing onerous new requirements on U.S. dairy This recognition that the U.S. dairy regulatory reliably produces safe products that meet the underlying goals of EU regulations even though implementation differs is precisely what NMPF had hoped to see achieved with the EU and had advocated for throughout the past year.

That breakthrough on core issues was complemented by an Aug. 12 announcement that would delay implementation of the new requirements from Aug. 21 to Jan. 15. Throughout 2021, NMPF advocated strongly both for a workable resolution to the new EU requirements and for more time to implement them.

The extension will enable USDA to ensure that the AMS Dairy Program will have its new electronic Agriculture Trade Licensing and Attestation Solution (ATLAS) system ready to be used by U.S. dairy exporters to complete the EU’s new certificates by the time they are required on Jan. 15. NMPF continues to work with the U.S. government to help ensure for a smooth transition and will closely continue to monitor implementation of the new certification program to make sure it works as advertised.

Congress and Maritime Commission Take First Steps on Ports

NMPF welcomed bipartisan legislation introduced by Representatives John Garamendi (D-CA) and Dusty Johnson (R-SD) on Aug. 10 to address unfair practices and charges implemented by ocean carriers. The legislation, entitled The Ocean Shipping Reform Act of 2021 (H.R. 4996), was the result of a strong push from NMPF, the U.S. Dairy Export Council (USDEC), and a coalition of agricultural exporters.

The bill would increase the Federal Maritime Commission’s authority to oversee and regulate ocean carrier activities, expand the agency’ enforcement options and penalties against violations, increase transparency and accountability of the commission and ocean carriers, and provide new opportunities for exporters to seek redress from ocean carriers for violations.

NMPF, with cooperation from the U.S. Dairy Export Council (USDEC), worked closely with congressional offices as the legislation was drafted, providing detailed examples and economic impact analysis with critical input from NMPF and USDEC members. The legislation represents an important step forward, but much work remains to be done to see it passed by congress.

The House also increased enforcement funding by $525,000 in late July for the maritime commission in the Department of Transportation’s appropriations bill and directed the agency to enhance assistance to U.S. exporters and importers without hiring lawyers.

Supplementing this congressional action, the maritime commission finally responded to persistent calls from NMPF and other agricultural organizations for more proactive enforcement measures by launching an audit of ocean carriers’ billing practices on July 20. The commission on Aug. 4 asked eight ocean carriers to justify port congestion surcharges as part of its investigation into unreasonable detention and demurrage charges.

NMPF will continue to proactively advocate with the administration and Congress to pursue additional solutions to support and complement the congressional action, including an effort to drive a more comprehensive near-term response from the administration to the shipping crisis.