NMPF Statement on FDA Announcement to Prioritize Review of Standards of Identity for Dairy Products

From NMPF President and CEO Jim Mulhern

ARLINGTON, VA – “We are pleased to see that the U.S. Food and Drug Administration (FDA) has finally recognized the need to increase its scrutiny of plant-based products imitating standardized dairy foods.

“The statement released earlier today by FDA Commissioner Scott Gottlieb echoes our long-standing public health concerns regarding nutritional deficiencies in plant-based foods bearing the term ‘milk.’

“We are further encouraged by FDA’s recognition that standards of identity also verify that a food must possess a ‘basic nature’ and measure of expectation to earn the use of the standardized name.

“We applaud Commissioner Gottlieb’s assertion that FDA will take regulatory action against products bearing misleading labels. Our hope is that such regulatory actions will begin promptly and not be further delayed by the announced dairy standards review process.”

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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.

NMPF Statement on Passage of Newhouse Amendment to Improve H-2A Program for Dairy Producers

From NMPF President and CEO Jim Mulhern

ARLINGTON, VA – “We greatly appreciate Rep. Dan Newhouse’s (R-WA) work on behalf of America’s dairy producers to expand the H-2A farm worker visa program to include year-round employees on farms.

“Rep. Newhouse’s amendment to the Homeland Security Appropriations bill would allow farm employers to use the H-2A visa program to hire foreign workers, regardless of whether those employees are engaged in temporary or seasonal work. NMPF and members of its Immigration Task Force have worked with Rep. Newhouse on this proposal so that dairy farmers can more readily use the H-2A visa program to fill their need for year-round workers. We’re also grateful for Rep. David Valadao’s (R-CA) support in keeping this issue at the forefront.

“Dairy farmers have largely have not been able to utilize the H-2A visa program because the current version restricts the visas only to the temporary and seasonal labor needs of agricultural employers. The H-2A program simply isn’t an option for a commodity that harvests its product multiple times a day, every day.

“We believe that creating an additional legal pathway for workers to connect with farm employers deserves bipartisan support. It is critical that the government creates a system that provides secure, legal employment. We thank Rep. Newhouse for this efforts toward achieving this goal.”

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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.

NMPF Welcomes Assistance to Dairy Farmers Suffering Economic Losses from Retaliatory Tariffs

ARLINGTON, VA – The new tariff mitigation program announced Tuesday by the Trump Administration should provide badly needed economic assistance to dairy farmers facing significant financial losses, the National Milk Producers Federation said today.

The U.S. Department of Agriculture (USDA) announced today that it is preparing a $12 billion economic assistance program designed to help dairy farmers and other agricultural producers suffering from the effects of retaliatory tariffs imposed by Mexico, China and other key trading partners. NMPF’s economic estimates indicate that these tariffs will cost U.S. dairy farmers $1.8 billion just through the remainder of this year, based on the decline in milk futures prices since the retaliatory tariffs were implemented.

“We appreciate the president following through on his pledge that America’s farmers won’t bear the brunt of the economic losses generated by the current trade conflicts,” said Jim Mulhern, president and CEO of NMPF. “Today’s announcement reflects requests that our organization has made of USDA to relieve some of the financial pain dairy farmers are feeling due to lost export opportunities.”

NMPF has been engaged in ongoing discussions with USDA about how to reduce the economic harm caused by the trade disagreements between the United States and other nations. The plan announced today will use USDA’s authority to help farmers through a combination of direct payments to farmers, milk product purchases for distribution to feeding programs, and additional export development assistance. Further details about the exact nature of the relief measures will be unveiled later in the summer, USDA officials said.

“We thank the administration for incorporating our recommendations. We will continue working with USDA on program details to achieve provisions that are efficient, cost-effective and equitable to farmers of all sizes in all regions,” Mulhern said.

NMPF is also encouraging the administration to conclude the North American Free Trade Agreement (NAFTA) negotiations and pursue new trade opportunities, “which is the long-term solution to the current situation. We need this assistance for now, but we also need new trade deals that allow our farmers to reach customers in other nations,” Mulhern said.

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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.

NMPF Encouraged by FDA Commissioner’s Desire to Enforce Dairy Labeling Regulations

ARLINGTON, VA – U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb told an audience at a Politico Pro Summit on Tuesday in Washington that his agency will soon begin enforcing regulations that define milk as an animal product, not a plant-based food – an indication that the National Milk Producers Federation’s (NMPF) requests for action by the agency are being heard. After acknowledging that “an almond doesn’t lactate,” Dr. Gottlieb said the agency soon will seek public input as a prelude to enforcing existing regulations on dairy labeling standards.

NMPF welcomed Gottlieb’s recognition today that the labeling practices of many plant-based dairy imitators violate long-standing federal standards. Gottlieb said that going forward, “he intends to enforce” those standards.

“After years of inaction in response to our complaints about these labeling violations, Dr. Gottlieb’s announcement that the agency is intending to act on this issue is very encouraging,” said Jim Mulhern, president and CEO of NMPF. “The marketing of non-dairy imitators must comply with federal standards of identity, and consumers should not be misled that these products have the same nutrition as real milk, yogurt, cheese and other actual dairy products.”

NMPF wrote to Gottlieb last year to complain that the agency has not been enforcing labeling standards, pointing out that FDA’s lack of action “has led to rampant consumer fraud related to the inferior nutrient content of these non-dairy products compared to their true dairy counterparts,” Mulhern said, adding that in addition to fake “milks,” there also are a proliferation of products calling themselves “yogurt,” “cheese,” “ice cream” and “butter.”

The enforcement issue is not just an arcane dispute, but has significant public health implications because dairy imitators lack any consistent nutritional profile, while real milk always has the same nutritional package, varying only by standardized fat content, NMPF said.

“Consumers who purchase these imitations are not receiving the same level of nutrients found in cow’s milk, and that contributes to Americans falling short of the recommended amount of vitamins and minerals for a healthy diet,” said Mulhern. “FDA must act on this matter or else see the further decline of proper nourishment of our children and families.”

Gottlieb’s comments today are similar to testimony he presented this spring to the Senate, when he acknowledged that the agency has “exercised enforcement discretion” in not holding food marketers to federal standards limiting the use of standardized food terms.

Mulhern said he hopes the agency will rapidly move to take enforcement action, adding that “this issue can be quickly resolved. Once FDA acts to provide guidance to industry on enforcement of existing standards of identity, manufacturers currently playing fast and loose by using standardized dairy terms on products containing no dairy will know the jig is up. Their products have every right to be in the marketplace, but they will have to be properly identified to comply with FDA standards.”

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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.

Enforcement of Labeling Regulations is Critical to Any Future Policy on Cell-Cultured Products Replicating Meat, Dairy

ARLINGTON, VA – As the use of laboratory-based cell culture technologies to replicate naturally made foods continues to develop, the U.S. Food and Drug Administration (FDA) must first enforce its own existing regulations on the labeling of imitation products, according to the National Milk Producers Federation.

At an FDA hearing today focused on the regulation of cell-cultured products replicating meat, NMPF said that these rapidly evolving technologies impact dairy foods, as well. Just as scientists have discovered how to make “meat” imitations look and feel like the real thing, so, too, have they used genetically modified yeast to produce proteins that share a chemical identity with those found in milk.

FDA has asserted jurisdiction over products manufactured from cell culture technology, but Beth Briczinski, NMPF’s vice president for dairy foods and nutrition, warned that the agency’s failure to enforce existing labeling standards is a major concern.

“For decades, manufacturers have been making fake milk and other imitation dairy beverages, and inappropriately using the names of products on their labels that have clear FDA standards of identity,” said Briczinski. “What began as a clever marketing tactic has led to the rampant abuse of legally defined dairy terms, while FDA has looked the other way. Most importantly, it has misled consumers over the nutritional composition of these products in comparison to traditional milk and its contributions to a healthy diet.”

Over the last 20 years, NMPF and its members have made repeated requests for FDA to take enforcement action on misbranded imitation dairy products, with FDA continually claiming the issue is not an agency priority.  “As a result, we now have an ‘anything goes’ attitude in the marketplace,” said Briczinski. The recent debate over how to regulate and market synthetic meat developed in a lab has brought an added sense of urgency for the dairy industry.

Without a consistent regulatory framework that addresses the marketing of imitation meat and dairy products, in addition to FDA’s selective enforcement, NMPF believes labeling abuses by product manufacturers, further consumer confusion, and a lack of U.S. compliance with international standards will continue to spread.

Briczinski once again reiterated the industry’s request that FDA enforce the labeling laws already on the books regarding fake “milks,” stressing that “it’s beyond time to resolve this problem.” NMPF also plans to file written comments.

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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.

Dairy Industry Welcomes U.S. Government Work Supporting Breastfeeding, Complementary Dairy Products for Children Around the World

(Washington, D.C. – July 11, 2018) Three national organizations representing dairy farmers and dairy foods companies said that the current and past administrations, as well as the dairy industry, strongly support long-standing recommendations stressing the importance of breastfeeding, while emphasizing the beneficial role that milk and other dairy products play in the healthy diets of young children. Recent news reports on this spring’s World Health Assembly (WHA) have mischaracterized U.S. government actions as anti-breastfeeding and harmful to the health of young children.

U.S. actions at the 2018 assembly, which is the annual meeting of the World Health Organization’s (WHO) governing body, reflect a continuation of the positions the Obama Administration took at the 2016 WHA. The WHO’s 2016 guidance on foods for young children discouraged the consumption of milk by young children up to age 3, in contrast to long-standing U.S. and international nutrition guidance on the benefits of milk and dairy products as complementary foods for toddlers.

The final 2018 WHA resolution mentioned in several press reports received the endorsement of the U.S. government and emphasized that the support for breastfeeding was unanimous among WHO member countries. The approved resolution said, “Reaffirming also that breastfeeding is critical for child survival, nutrition and development, and maternal health” and “Affirming that the protection, promotion and support of breastfeeding contributes substantially to the achievement of the Sustainable Development Goals on nutrition and health, and is a core element of quality health care.”

Missing from the public narrative is that the United States worked collaboratively with other countries to address earlier language that would have discouraged the consumption of dairy products by young children and threatened to abandon transparent, inclusive consultations with experts and industry in the development of broader nutrition programs.

The National Milk Producers Federation (NMPF), the U.S. Dairy Export Council (USDEC) and the International Dairy Foods Association (IDFA) today expressed appreciation to U.S. administration officials for their work to ensure that WHO declarations support breastfeeding, while not discouraging the consumption of milk, yogurt and other dairy products by toddlers. The organizations also affirmed their support for the American Academy of Pediatrics’ (AAP) recommendation that infants be breastfed — if possible — until age 1.

“We strongly supported the work of both the current and previous administrations to foster an approach within the WHO that both promotes breastfeeding and recognizes that dairy foods also play an important role in the nutrition of young children past the infant stage,” said Jim Mulhern, president and CEO of NMPF.

“America’s dairy farmers continue to be staunch supporters of the AAP’s recommendations on breastfeeding and agree with the administration’s continuation of bipartisan efforts initiated in 2016 to ensure that global guidance best supports solid nutrition outcomes for young children,” said Tom Vilsack, president and CEO of USDEC. “We remain committed to working with parents, health care providers, governments, the World Health Organization and all stakeholders to ensure children have the best nutrition, including from dairy products. This is a bipartisan priority and one our industry shares.”

“The proposed changes to the WHA resolution were counter to the American Heart Association’s and the U.S. Department of Agriculture’s recommendations that 2-3 year olds should get at least 2-3 servings (2-3 cups) of milk per day by labeling ALL milk products as ‘breast milk substitutes’ for this age group,” said Michael Dykes, D.V.M., IDFA president and CEO.  “IDFA strongly disagrees with this ‘one-size-fits-all’ directive as it may not be appropriate and improperly diminishes the positive health benefits of dairy for young children.”

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About USDEC
The U.S. Dairy Export Council (USDEC) 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.

About NMPF
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.

About IDFA
The International Dairy Foods Association (IDFA), Washington, D.C., represents the nation’s dairy manufacturing and marketing industry, which supports nearly 3 million jobs, generates more than $39 billion in direct wages and has an overall economic impact of more than $628 billion. IDFA is the umbrella organization for the Milk Industry Foundation (MIF), the National Cheese Institute (NCI) and the International Ice Cream Association (IICA). IDFA’s members range from large multinational organizations to single-plant companies. Together they represent more than 85 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 and companies that offer infant formula and a wide variety of milk-derived ingredients.

MPP Forecast: July 2018

For May 2018, the monthly margin under the dairy Margin Protection Program (MPP) rose by $0.16/cwt. from April, to $6.78/cwt. This broke a string of five consecutive drops in the MPP monthly margin. The May all-milk price was $0.40/cwt. higher than April’s, at $16.20/cwt. The May MPP feed cost formula was up by $0.24/cwt. from April, with the increase distributed almost evenly – on a per-hundredweight-of-milk basis – to increases in the reported costs of all three feed components.

Dairy farmers who signed up by June 22 for $8.00 margin coverage at the lower, Tier 1 premium level will receive a May payment of $1.22/cwt. (before a 6.6-percent reduction required by budget sequestration).  Those covered at that level may also receive further, smaller payments this summer, which would raise the projected average net return at $8.00 coverage with Tier 1 premiums to $0.30/cwt. for the entire calendar year.

USDA’s MPP margin forecasts can be accessed online. NMPF’s Future for Dairy website offers a variety of educational resources to help farmers make better use of the program.

NMPF Presents Awards to Academics Contributing Research to Dairy Industry

At its June meeting in Arlington, Virginia, the NMPF Scholarship Committee selected two graduate students to receive scholarships as part of the 2018 NMPF National Dairy Leadership Scholarship Program. These students are conducting research in areas that will benefit dairy cooperatives and producers.

The 2018 Hintz Memorial Scholarship, given to the top scholarship candidate, was awarded to Isaac Salfer (above left), a Ph.D. candidate in animal science at Pennsylvania State University, studying the effect of nutrient intake on circadian rhythms in the mammary gland of dairy cows.

A scholarship was also awarded to Gustavo Mazon (above right), a master’s candidate in animal science at the University of Kentucky, studying the effects of yeast-derived microbial protein in transition dairy cows’ health and production.

The NMPF Dairy Leadership Scholarship Fund also sponsors the Richard M. Hoyt Award, which recognizes research efforts that have direct application to issues in the U.S. dairy industry. It was awarded to Zheng Zhou at the American Dairy Science Association (ADSA) Annual Meeting in late June.

Zhou, an assistant professor of nutrigenomics at Clemson University, has conducted extensive research in assessing the efficacy of methyl donor supplementation on transition cow performance, immune metabolism and health. His studies have shed light on immune, inflammatory and metabolic status in-transition dairy cows.

NMPF also presented awards to Russell Pate and Justin Rosadiuk as part of the NMPF Graduate Student Paper Presentation Contest in Dairy Production, Ph.D. and MS divisions, respectively. Pate is a graduate student at the University of Illinois. His presentation was titled, “Aluminosilicate clay reduces the deleterious effects of an aflatoxin challenge on inflammation markers in lactating Holstein cows.” Rosadiuk is a graduate student at the University of Alberta. His presentation was titled, “Effects of differing planes of pre- and post-weaning phase nutrition on intake, growth and puberty in Holstein heifer calves.”

New Spanish-language Resources on Drug Residue Management Now Available

To create relevant on-farm resources for Hispanic farm workers not fluent in English, the National Dairy Farmers Assuring Responsible Management (FARM) Program is releasing two Spanish-language tools: The 2018 Spanish Drug Residue and Prevention Manual is now available for download and the 2018 Spanish Pocket Guide is available for purchase in the FARM Store.

The 2018 edition of the FARM Program’s Milk and Dairy Beef Drug Residue Prevention Manual is the primary educational tool for dairy farm managers on the judicious and responsible use of antibiotics, including the avoidance of drug residues in milk and meat. The manual and pocket guide are resources that allow dairies to review what antibiotics are approved for use in dairy cattle, and can also be used as an educational tool for farm managers as they develop best management practices necessary to avoid milk and meat residues on their operations.

The manual is updated on annual basis in partnership with Merck Animal Health, Elanco Animal Health, Zoetis, Merial, Charm Sciences Inc. and National Beef Quality Assurance.

FARM Animal Care Kicks Off Version 4.0 Revision Process

The National Dairy Farmers Assuring Responsible Management (FARM) Animal Care Technical Writing Group met in June to kick off the FARM Animal Care Version 4.0 revision process.

During the first in-person meeting of the technical writing group, members reviewed the program evaluation form and started discussions on which standards or guidelines need to be updated. Accountability measures and program implementation standardization were also a focus.

There was also discussion about the FARM Program’s new Farmer Advisory Council, which will comprise dairy farmers who will share guidance and input toward the program’s ongoing and future development. Nominations to be on the council have been received and the selection committee will be convening soon to select members.

The FARM Program, the U.S. dairy industry’s animal care quality assurance program, was established in 2009 and operates on a three-year revision cycle. Each cycle, the Technical Writing Group reviews current program standards, new and relevant science, and comments provided by industry stakeholders to incorporate into the new version of the program. The group will provide recommended updates for Version 4.0 to NMPF’s Animal Health & Well-being Committee this fall.

Once approved by the committee, final approval for the updated version will be made by NMPF’s Board of Directors, with ultimate implementation slated for Jan. 1, 2020. FARM Animal Care evaluators will undergo training during the summer and fall of 2019.

FDA Issues First Intentional Adulteration Guidance Document

On June 19, the U.S. Food and Drug Administration (FDA) released the first of three draft guidance documents designed to support compliance with the Intentional Adulteration (IA) Rule under the agency’s Food Safety Modernization Act (FSMA). The remaining two documents are expected to come out later this year.

In the coming weeks, NMPF will review the nearly 100-page guidance document and provide feedback to FDA. Following initial review, the document appears to be consistent with the views NMPF has expressed during the numerous vulnerability assessments that it has engaged in over the years. However, a more thorough review is still warranted.

The final rule on intentional adulteration is designed to address hazards that may be intentionally introduced to foods with the intent to cause wide-spread harm to public health. Unlike the other FSMA rules that addresses specific foods or hazards, the IA rule requires the food industry to implement risk-reducing strategies for processes in food facilities that are significantly vulnerable to intentional adulteration.

Food facilities covered by the rule will be required to develop and implement a food defense plan that identifies vulnerabilities and mitigation strategies for those vulnerabilities. These facilities will then be required to ensure that the mitigation strategies are working. Dairy processing facilities are covered by the rule, but dairy farms are not. The first compliance date for large facilities is in July 2019.  Small businesses have an additional year.

FDA will announce plans to hold a public meeting on the draft guidance when the second installment is released. All three parts will be available for public comment upon release. NMPF has been collaborating with FDA on intentional adulteration since 9/11. It has participated in numerous vulnerability assessments and exercises, chaired the Food & Agriculture Sector Coordinating Council (FASCC), and is part of the Food Safety Preventive Controls Alliance Intentional Adulteration Subcommittee, which develops IA training programs for FDA.

CWT-Assisted Export Sales Contracts Reach 11.8 Million Pounds in June

CWT helped member cooperatives secure 44 contracts to sell 5.88 million pounds of American-type cheeses, 194,007 pounds of butter and 5.69 million pounds of whole milk powder to customers in Asia, Central America, the Middle East, North Africa, Oceania and South America. The product will be shipped to customers in 15 countries in six regions of the world during the months of June-December 2018.

These contracts bring the 2018 total of CWT-assisted product sales contracts to 40.25 million pounds of cheese, 11.23 million pounds of butter and 15.87 million pounds of whole milk powder. These transactions will move overseas the equivalent of 740.06 million pounds of milk on a milkfat basis.

Assisting CWT member cooperatives gain and maintain world market share through the Export Assistance program in the long-term expands the demand for U.S. dairy products and the U.S. farm milk that produces them. This, in turn, positively impacts all U.S. dairy farmers by strengthening and maintaining the value of dairy products that directly impact their milk price.

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 submission of the required documentation.

All cooperatives and dairy farmers are encouraged to add their support to this important program. Membership forms are available on the CWT website.