A new year always brings hope, but dairy’s economic conditions remain difficult. In response, NMPF has continued seeking ways to get the best policy solution to help dairy farmers – the dairy provisions of the new farm bill – off the ground and into effect. It’s been a greater challenge than we’d hoped because the recent government shutdown took resources and attention away from USDA implementation of the new legislation that will provide greater stability for dairy finances.

But with the shutdown’s end – at least for now – taking shape late last month, we decided it was time to write Agriculture Secretary Sonny Perdue, noting that our members were eager to see the dairy reforms put in place. Because the new Dairy Margin Coverage program is, essentially, a revision of the previous Margin Protection Program, we suggested there are ways to fast-track implementation.

“Dairy farmers have just completed a fourth consecutive year of depressed milk prices and are facing an uncertain outlook for 2019,” I wrote in a letter to Secretary Perdue on Jan. 25. “The significant dairy policy reforms we worked successfully with Congress to enact in the new farm bill will be critically important to helping farmers better manage difficult periods of low margins.”

The 25^th was a Friday, the day the shutdown ended. Before federal employees had even reported to work on Monday, the Secretary had reaffirmed that yes, USDA aims to start work on implementing the DMC immediately. We appreciate the department’s responsiveness, and we look forward to working with them on ways to make sure that dairy producers see farm bill benefits fast. This is an important reminder that, as difficult as the economy remains for dairy producers, we can still make progress in policy work even during what are, in some ways, unprecedented times in Washington.

We are moving forward on several fronts, the first of which is implementing the farm bill. Securing well-written USDA rules will be an important part of any dairy farm’s financial toolkit as we try to get past tough times of the last few years and experience a more prosperous 2019. As soon as decision-making tools are available, we will alert our members and help walk them through the process. Stay tuned for new materials and expect positive developments in the weeks ahead.

We are also engaging Congress and trade authorities to support deals that are good for dairy and press for resolution of disputes that are holding us back. A crucial piece of unfinished congressional business from last year is the ratification of the U.S.-Mexico-Canada Agreement governing North American trade. We support its ratification for the gains and certainty it will provide. We are also looking ahead to future agreements, such as a deal with Japan that we need to increase our market access as competitors gain tariff advantages, and a potential accord with the post-Brexit U.K.

Still, we need immediate action to lift retaliatory tariffs on dairy from Mexico and China. Hoped-for gains from the USMCA won’t be realized as long as the Mexico tariffs are in place. The simple fact is we need greater export opportunities and we’re wary of entanglements that stifle our progress. Free and fair trade boosts our bottom lines – and our bottom line is, we need freer and fairer trade. Now.

We also won’t lower our efforts on one of our longest-running, most important issues: integrity of dairy standards of identity and clarity on dairy-product labeling. While the U.S. Food and Drug Administration’s comment period on fake milk labeling concluded on Jan. 28 (thank you for filing yours!), that milestone only completed one leg of a journey that won’t end this winter. Once FDA has its comments, it still needs to take final action that protects consumers by enforcing dairy’s standard of identity. We are preparing more materials to outline what we know FDA should do, and we will continue to impress upon lawmakers and regulators that this issue isn’t fading. Expect us to keep the volume high on this issue in the coming months. The next phase is about to begin.

The issues above are crucial for our industry, and our goals for addressing them are ambitious. And the list above is far from exhaustive. We are looking forward to the U.S. Environmental Protection Agency releasing its revised Waters of the U.S. rule that was delayed by the shutdown. We continue work on the rollout of Farm 4.0 in 2020, which will be crucial to meet our members’ labor and workforce needs. And we remain in close coordination with allied organizations, both inside and outside dairy, to tell our positive story and draw attention to policy needs that affect producers and consumers here and abroad.

Our efforts to help our members are only more important as we seek to advance our industry in challenging times. We know this much: When we speak to important policymakers on Capitol Hill or at USDA or FDA, they listen. That’s a tribute to the strength of dairy’s voice, and it augurs hope as we work together toward our common goals.

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An important phase of NMPF’s months-long campaign against the misuse of dairy terms by plant-based imitators concluded in late January with the end of a U.S. Food and Drug Administration (FDA) comment period. The agency received more than 10,000 comments weighing in on the issue.

NMPF provided a toolkit of resources to help members with comment submissions, including an instructional video, colorful graphics, a dedicated webpage and a social media marketing campaign as part of the campaign. Each element focused on the importance of FDA enforcing its existing labeling standards.

In its own comments, NMPF focused heavily on consumer confusion over the nutritional content of non-dairy imitators.

“Consumers are being misled about the nutritional content of plant-based imitators relative to real dairy products, creating marketplace confusion and inappropriately blurring well-defined standards of identity,” NMPF said. “That confusion creates a public health issue by causing harm to our nation’s children and, potentially, other consumers – a concern also raised by FDA commissioner Scott Gottlieb.”

Shortly before comments closed, NMPF released consumer research showing widespread consumer disapproval of dairy terms being appropriated by fake-milk producers and confusion over the nutritional content of milk versus plant-based imitators.

The survey conducted by IPSOS a global market research and consulting firm, found:

• Only 20 percent of all consumers said plant-based beverages should be labeled milk, as U.S. dietary guidelines do not recommend imitators as a substitute for dairy milk; even when limited to buyers of plant-based drinks, support for mislabeling rose to only 41 percent.
• About 50 percent of consumers mistakenly perceive that the main ingredient of a plant-based beverage is the plant itself; such drinks are mostly flavored water.
• More than one-third of consumers erroneously believe plant-based beverages have the same or more protein than dairy milk. Milk has up to eight times more protein than its imitators.

Earlier survey data, also from IPSOS, found that 61 percent of consumers believe FDA should restrict non-dairy beverage companies from using the term “milk” on their product labels. Only 23 percent said FDA should not limit the term “milk” to dairy products.

“NMPF has diligently encouraged FDA to act for over 40 years,” said NMPF. “FDA inaction has allowed marketplace confusion to fester while state and international bodies fill the breach. NMPF supports marketplace clarity and free speech.”

The comment period completed simply signals the next phase of NMPF effort on this issue, which, until resolved favorably by the FDA, will remain a crucial issue for dairy. NMPF will remain vigilant in spotlighting this issue, working with lawmakers, allied groups and public-health professionals to inform and educate.

ARLINGTON, Va. – The National Milk Producers Federation (NMPF) strongly supports the newly elected members of Congress who wrote to U.S. Food and Drug Administration Commissioner Scott Gottlieb calling for stricter enforcement of the agency’s long-standing dairy standards of identity. Proliferating plant-based products falsely using “milk” and other dairy terms have created nutritional confusion in the marketplace to the detriment of public health.

“Modifying the word ‘milk’ with a plant product descriptor does not make the label accurate or appropriate, as these products simply do not contain milk or milk ingredients and the plant-based liquids are not permitted ingredients in milk,” wrote 10 first-term House members in a letter organized by Reps. Anthony Brindisi (D-NY) and John Joyce (R-PA). “The use of such a descriptor is a clear violation of milk’s standard of identity.”

“It’s simple: if it comes from a cow, it’s milk; if it doesn’t, it’s not. Why would we call a product something it’s not?” Brindisi said. “Dairy farmers in Upstate New York set high standards for the milk they produce. Copycat products shouldn’t be able to profit off of their hard work.”

“As a doctor, it is clear to me that the mislabeling of milk creates a public health issue,” Joyce said. “Consumers should be able to feel confident that they are getting the proper nutritional value from their dairy products and enforcing these Federal regulations is necessary for that to occur.”

“We welcome this new wave of support from incoming lawmakers of both parties” said NMPF President and CEO Jim Mulhern. “This letter adds to already broad support for uniform labeling regulations that will bring clarity for businesses and consumers.”

The freshmen letter builds upon a bipartisan call for FDA action last October that attracted 48 House member signatures. Surveys have repeatedly shown that Americans favor proper labeling of dairy alternatives. A January poll found that only 1-in-5 consumers think plant-based imitators should be called milk, while an earlier survey showed consumers, by nearly a 3-to-1 margin, called for FDA to end the mislabeling of fake milks.

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce the majority of U.S. milk, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

(Washington, D.C. – January 30, 2019) – The National Milk Producers Federation (NMPF) and the International Dairy Foods Association (IDFA) welcome the introduction of legislation sponsored by Reps. Glenn Thompson (R-PA) and Collin Peterson (D-MN), chairman of the House Agriculture Committee, allowing whole milk in school nutrition programs.

The Whole Milk for Healthy Kids Act of 2019 (H.R. 832) has eight other co-sponsors, including Rep. Mike Conaway (R-TX), ranking Republican on the House Agriculture Committee.

Adding whole milk to school menus reflects research showing that such products benefit children and gives school administrators one more tool with which to develop healthy eating habits.

“Whole milk provides yet another way for children to receive dairy’s nutritional benefits as part of a healthy eating pattern,” said Jim Mulhern, president and CEO of NMPF. “This bill encourages the proper nutrition they need to lead healthy lives.”

“We thank Rep. Thompson for his leadership and Chairman Peterson for being an original co-sponsor on this bill to allow schools more flexibility to offer the same types of milk that children and teens enjoy at home. Providing expanded milk options will help ensure that students get the nutrients that milk uniquely provides, including calcium, vitamin D and potassium,” said Michael Dykes, D.V.M., president and CEO of IDFA.

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance the well-being of dairy producers and the cooperatives they own. The members of NMPF’s cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

The International Dairy Foods Association (IDFA), Washington, D.C., represents the nation’s dairy manufacturing and marketing industry, which supports nearly 3 million jobs that generate more than $161 billion in wages and has an overall economic impact of more than $628 billion. IDFA members range from multinational organizations to single-plant companies. Together they represent approximately 90 percent of the milk, cultured products, cheese, ice cream and frozen desserts produced and marketed in the United States and sold throughout the world. The diverse membership includes numerous food retailers, suppliers, cooperatives and companies that offer a wide variety of nutritional dairy products and dairy-derived ingredients. Visit IDFA at www.idfa.org.

ARLINGTON, VA – A study released today by the U.S. Dairy Export Council projects that new trade agreements between Japan and other countries will put U.S. dairy exports at a competitive disadvantage, resulting in lost U.S. sales of $5.4 billion over 21 years.

The Japanese dairy market, the fourth-largest export destination for U.S. dairy exports, is expected to continue to grow in years to come. With a level playing field, the United States could roughly double its market share, according to the study, which was conducted by Tokyo-based Meros Consulting.

However, without swift and effective action by the United States to secure a strong trade treaty with Japan that exceeds Japan’s agreements with Australia, New Zealand and the European Union, the United States could see its market share drop in half over the next decade.

Australia and New Zealand have the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in place with Japan already, and as of this Friday, Europe’s agreement with Japan will take effect, too. Without a strong U.S.-Japan trade treaty, competitors will seize a cumulative $1.3 billion in dairy sales over the next decade that would otherwise have been supplied from the United States, a toll that climbs to $5.4 billion once the CPTPP and Japan-EU agreements are fully implemented.

“These agreements will give our competition a significant economic advantage that will enable them to increase their market share in Japan, costing the U.S. dairy industry billions of dollars in lost sales,” said Tom Vilsack, USDEC president and CEO. “U.S. dairy farmers and processors strongly support the Administration’s launch of trade talks with Japan. We hope this report provides fresh ammunition to our negotiators about why a strong U.S.-Japan agreement is so important for American agriculture.”

“U.S. dairy farmers are facing economic hardships, and expanding opportunities overseas is the best way to counter that,” said Jim Mulhern, president and CEO of the National Milk Producers Federation (NMPF). “A trade deal with Japan that significantly expands dairy access would make 2019 a brighter year.”

For the full report, click here.

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The U.S. Dairy Export Council is a non-profit, independent membership organization that represents the global trade interests of U.S. dairy producers, proprietary processors and cooperatives, ingredient suppliers and export traders. Its mission is to enhance U.S. global competitiveness and assist the U.S. industry to increase its global dairy ingredient sales and exports of U.S. dairy products. USDEC accomplishes this through programs in market development that build global demand for U.S. dairy products, resolve market access barriers and advance industry trade policy goals. USDEC is supported by staff across the United States and overseas in Mexico, South America, Asia, Middle East and Europe. The U.S. Dairy Export Council prohibits discrimination on the basis of age, disability, national origin, race, color, religion, creed, gender, sexual orientation, political beliefs, marital status, military status, and arrest or conviction record. www.usdec.org.

The National Milk Producers Federation (NMPF), based in Arlington, Va., develops and carries out policies that advance the well-being of U.S. dairy producers and the cooperatives they collectively own. The members of NMPF’s cooperatives produce the majority of the U.S, milk supply, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit www.nmpf.org.

ARLINGTON, Va. – The U.S. Food and Drug Administration must enforce its existing rules against mislabeling plant-based products with dairy terms to address widespread consumer confusion over the nutritional content of dairy-product imitators, the National Milk Producers Federation said today.

“Clear, accurate labeling is a fundamental matter of truth and transparency for consumers,” NMPF said in comments filed with the agency today. The comments present evidence of rampant marketplace confusion regarding the relative nutritional merits of milk versus its imitators. According to surveys from the past six months:

• 77 percent of buyers of dairy and plant-based beverages think almond-based drinks have as much or more protein than dairy, when in fact real milk has as much as eight times more protein;
• 78 percent thought plant-based beverages had at least as many vitamins and minerals as dairy, again incorrect;
• 68 percent thought such beverages had at least as many “key nutrients” such as calcium and potassium, which they do not; and
• While consumer confusion over nutrition is a key NMPF concern, research funded by plant-based beverage supporters found more basic confusion: Roughly 25 percent of consumers were unsure whether plant-based beverages contained cow’s milk.

Reliance on non-dairy imitators for dairy-quality nutrition in products including milk, cheese, yogurt and butter has an effect on public health, as FDA Commissioner Scott Gottlieb said last year when he pledged to address the issue. Medical reports of protein malnutrition and Vitamin D deficiency in children have been linked to plant-based beverage consumption. Meanwhile, surveys show that only 20 percent of all consumers believe plant-based drinks should be labeled milk.

“The science is clear. The consumer need is clear. And consumer sentiment is clear: FDA needs to step up and enforce its standard of identity for dairy terms on food labels,” said Jim Mulhern, president and CEO of NMPF. “We urge FDA to do what’s right for public health and marketplace integrity.”

NMPF will remain vigilant in spotlighting this issue, working with lawmakers, allied groups and public-health professionals to inform and educate. For more information and links to recent surveys, visit www.nmpf.org.

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce the majority of U.S. milk, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

ARLINGTON, Va. – With the federal government poised to reopen for three weeks after a 35-day partial shutdown that delayed implementation of the 2018 Farm Bill, the National Milk Producers Federation today sent a letter to Agriculture Secretary Sonny Perdue urging quick implementation of the law’s dairy provisions.

“Dairy farmers have just completed a fourth consecutive year of depressed milk prices and are facing an uncertain outlook for 2019,” wrote Jim Mulhern, president and CEO of NMPF. “We believe that the significant dairy policy reforms we worked successfully with Congress to enact in the new farm bill will be critically important to helping farmers better manage difficult periods of low margins.”

Implementation of the law, passed in December, has been slowed by the recent shutdown. Dairy programs should be fast-tracked because of the nature of farm bill reforms, NMPF said.

“Because the dairy provisions of the law simply modify the pre-existing margin program, it is clear from Congress’ direction that USDA can move forward to enact the new provisions without conducting a formal rulemaking process,” Mulhern wrote. “We encourage you to utilize this flexibility to help add momentum to the process, especially in light of the fact that the government shutdown has delayed the department’s ability to proceed.”

NMPF looks forward to working with USDA on a farmer-friendly sign-up process that gives producers time to understand their options, with quickly updated online tools to streamline the process. The new farm bill includes several critical provisions important to dairy. The new Dairy Margin Coverage program (DMC) offers much more affordable and higher coverage levels than previous initiatives, with all dairy producers able to insure margins up to $9.50/cwt. on their Tier I (first 5 million pounds) production history. The DMC also offers lower-cost $5.00 margin coverage, a higher level of affordable catastrophic protection for operations wishing to cover more than 5 million pounds of production.

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce the majority of U.S. milk, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

In comments filed Dec. 14, NMPF expressed support for the U.S. Environmental Protection Agency’s efforts to permanently end the reporting of manure air emissions under the Emergency Planning Community Right-to-Know Act (EPCRA).

NMPF had been disappointed with the April 11, 2017, decision by the U.S. Court of Appeals for the District of Columbia’s elimination of the rule, which limited the scope of reporting air emissions from manure. Both EPRCA and the Comprehensive Environmental Response and Liability Act (CERCLA) statutes were designed to assist government agencies in identifying releases of hazardous substances and facilitate remedial action.

NMPF has argued that requiring farmers to report air emissions from manure under either law impedes responses to actual emergency releases by creating paperwork backlogs and using resources that should be utilized for such emergencies. The emergency response community is opposed to receiving manure air emission reports under EPCRA. The U.S. Coast Guard, which receives hazardous release reports under CERCLA, is also opposed to receiving such reports.

NMPF and other agriculture groups worked in 2017 and 2018 to inform Congress of the ramifications of the court’s ruling. Congress passed the bipartisan FARM Act, which ended air emission reporting under CERCLA, while EPA issued an interpretation that reporting was unnecessary under EPCRA. In addition, a 1986 report on EPCRA made it clear that air emission reporting of these releases was unwarranted and contrary to what Congress intended.

ARLINGTON, Va. – With only six days to go before the U.S. Food and Drug Administration (FDA) comment period on fake milks ends, new consumer research shows Americans widely disapprove of dairy terms being appropriated by fake-milk producers, as well as confusion on the nutritional content of milk versus plant-based imitators, offering further evidence that FDA must enforce long-existing standards of identity on dairy imposters.

The national survey conducted by IPSOS, a global market research and consulting firm, found:

• Only 20 percent of all consumers said plant-based beverages should be labeled milk, as U.S. dietary guidelines do not recommend imitators as a substitute for dairy milk; even when limited to buyers of plant-based drinks, support for mislabeling rose to only 41 percent.
• About 50 percent of consumers mistakenly perceive that the main ingredient of a plant-based beverage is the plant itself; such drinks are mostly flavored water.
• More than one-third of consumers erroneously believe plant-based beverages have the same or more protein than dairy milk. Milk has up to eight times more protein than its imitators.

“This new data is more proof that the plant-based food and beverage industry is exploiting consumer confusion to boost their bottom line, and consumers don’t like it,” said Jim Mulhern, president and CEO of the National Milk Producers Federation (NMPF). “Plant-based beverage brands that sell nutritionally inferior products under the health halo of milk mislead consumers. FDA must enforce its existing regulations.”

The new data builds on previous surveys, including one from August showing that 53 percent of all consumers said they believed that plant-based food manufacturers labeled their products “milk” because their nutritional value is similar, even though products widely vary in content. An October poll found one-quarter of consumers either thought almond drinks contained cow’s milk or weren’t sure. Meanwhile, a January survey found consumers, by nearly a 3-to-1 margin, calling for FDA to end the mislabeling of fake milks.

The online IPSOS poll – commissioned by Dairy Management Inc. – was conducted Oct. 30-31, 2018, and surveyed 2,006 adults nationwide. Full results are available here, under “Phase II.”

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce the majority of U.S. milk, making NMPF the voice of dairy producers on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

After years of uncertainty and ambiguity regarding the Waters of the U.S. (WOTUS) rule, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have proposed a new definition of what constitutes “waters of the United States” under the Clean Water Act meant to be more understandable for farmers and regulators.

Unlike the 2015 definition of WOTUS that was widely criticized as being confusing and cumbersome, a more straightforward definition would result in significant cost savings, protect the nation’s navigable waters, help sustain economic growth, and reduce barriers to business development. It would also provide clarity, predictability, and consistency so that the regulated community can easily understand where the Clean Water Act applies.

The proposal would replace the 2015 definition with one providing states and landowners with more certainty to manage their natural resources and grow local economies. Under the new initiative, a farmer should be able to look out of his truck and understand whether he was looking at federally regulated water without relying on lawyers and consultants, according to the EPA.

Under the agencies’ proposal, traditional navigable waters, tributaries to those waters, certain ditches, certain lakes and ponds, impoundments of jurisdictional waters, and wetlands adjacent to jurisdictional waters would be federally regulated. The plan also explains what are not “waters of the United States,” including features that only contain water during or in response to rainfall (e.g., ephemeral features), groundwater, many ditches (including most roadside or farm ditches), prior converted cropland, stormwater control features, and waste treatment systems.

The agencies accepted pre-proposal recommendations and received more than 6,000 – NMPF included. The agencies are requesting comments for 60 days once it is published in the Federal Register, which is expected early this month. EPA and the Army Corps will hold an informational webcast on Jan. 10 and a listening session in Kansas City, Kansas, on Jan. 23.

The U.S. Department of Agriculture announced at the beginning of December that it was implementing regulatory changes needed to add low-fat flavored milk to more schools. The final rule was published later in the month in the Federal Register.

USDA’s decision allows schools to offer low-fat flavored milk without requiring them to demonstrate either a reduction in student milk consumption or an increase in school milk waste, bureaucratic hoops that had limited their ability to offer low-fat flavored milk in the 2017/18 school year.

“USDA’s own studies have shown that students drank less milk after low-fat chocolate milk was removed from schools,” said NMPF President and CEO Jim Mulhern. “Returning low-fat flavored milk to school menus will help reverse this harmful trend.  Milk has been an integral part of school meals since their beginning, and greater milk consumption equals better nutrition for America’s kids. The new rule is good news for schools, students and American dairy farmers.”

The final rule makes permanent the changes Agriculture Secretary Sonny Purdue implemented in 2017 to streamline the process by which schools can serve low-fat flavored milk. In 2012, the agency eliminated low-fat flavored milk in the school meal and a la carte programs, after which milk consumption in schools dropped. Students consumed 288 million fewer half-pints of milk from 2012-2015, even as public-school enrollments grew.

NMPF has long advocated that milk is an integral part of the National School Lunch and School Breakfast programs, and that greater milk consumption equals better nutrition for America’s kids. NMPF thanked the bipartisan efforts of numerous members of Congress who advocated for the rule change, most notably Reps. Glenn ‘GT’ Thompson (R-PA) and Joe Courtney (D-CT).