ARLINGTON, VA – U.S. Food and Drug Administration Commissioner Scott Gottlieb told a Senate panel on Tuesday that federal standards define milk as a product sourced from animals, and said his agency would be “taking a very close and fresh look” at imitation, plant-derived foods labeled with dairy-specific terms.

In response to questions from Sen. Tammy Baldwin (D-WI) during a Senate Appropriations Committee hearing yesterday, Dr. Gottlieb also admitted that the agency has “exercised enforcement discretion” in not holding food marketers to that standard, as a variety of plant-based foods using dairy-specific terms have proliferated in the marketplace in the past two decades.

NMPF President and CEO Jim Mulhern said that the FDA “must stop turning a blind eye toward violations of food labeling laws. It needs to use more enforcement, and less discretion, as dozens of brands flagrantly violate government requirements.” NMPF has repeatedly urged federal regulators to enforce U.S. food labeling laws that exclude the ability of plant-derived foods from using the term, as do other nations that also have regulations clearly defining milk.

Mulhern thanked Baldwin “for holding the FDA accountable for its inaction on this matter, and imploring the FDA to do its job.” Last year, Baldwin introduced the DAIRY PRIDE Act, legislation that would compel the FDA to adopt a timetable for taking enforcement action against mislabeled imitation dairy products. More recently, the omnibus spending bill Congress approved last month contains language expressing its concern that dairy labeling standards need to be properly enforced.

Gottlieb told Baldwin that the agency “is committed to taking a fresh look about what we’re doing here” in the area of standards of identity.” He said he “has actively stepped into this issue,” having heard the concerns of Baldwin and NMPF about the lax regulatory environment surrounding misbranded plant products using terms such as “milk,” “yogurt,” “cheese” and “ice cream.”

He added that the agency is requesting more information to inform its next steps. Baldwin told Gottlieb that there is no need “for further review or study.  What we need is the FDA to act, and to issue guidance on enforcement of its existing dairy standards of identity.”

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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.

(Washington, D.C. – April 25, 2018) U.S. dairy groups today commended the bipartisan efforts of 68 members of Congress who encouraged the U.S. Trade Representative to eliminate Canada’s tariffs on U.S. dairy exports and its protectionist pricing policies during the North American Free Trade Agreement (NAFTA) negotiations. The bipartisan coalition of members of Congress, representing states on both coasts and in the Midwest, sent a letter yesterday to Ambassador Robert Lighthizer, urging him to demand an end to Canada’s trade-distorting Class 7 pricing program, as well as its dairy tariffs, which have created an unfair playing field and essentially eliminated U.S. exports of certain dairy products.

In the letter, Reps. Lloyd Smucker, R-Pa., Ron Kind, R-Wis., Chris Collins, R-N.Y., Suzan DelBene, D-Wash., and 64 additional representatives expressed their concerns about Canada’s unfair trade practices on behalf of America’s 40,000 dairy farmers and the nearly 3 million workers whose jobs are tied to dairy product manufacturing. Canada has imposed stiff tariffs of 200 percent to 300 percent on U.S. dairy exports for many years.

“We commend the efforts of these congressmen for tackling Canada’s ever-expanding list of restrictive trade policies, which have had a negative impact on our U.S. dairy industry and the U.S. economy overall,” said Michael Dykes, D.V.M., president and CEO of the International Dairy Foods Association. “Canada’s Class 7 milk pricing policy, implemented 14 months ago, artificially lowers milk ingredient prices and incentivizes the substitution of domestic Canadian dairy ingredients for imported ingredients. It also promotes the dumping of Canadian proteins onto world markets at below-market prices.”

“Our dairy farmers are facing dire economic conditions this year, and the Canadian pricing scheme and tariffs are curtailing much-needed markets for U.S. dairy products. NAFTA should not be concluded without securing provisions that curb Class 7 and any other trade-distorting pricing scheme to ensure that U.S. dairy products can compete fairly in Canada, as well as in other markets,” said Jim Mulhern, president and CEO of the National Milk Producers Federation. “It is time to for Canada to eliminate all dairy tariffs so we can have true free trade across North America for all commodities.”

“It is critical that the U.S. pursue an aggressive strategy to stop Canada’s ongoing and intentional disregard of its trade commitments to the harm of U.S. dairy farmers and exporters. Otherwise, Canada’s new policies will chip away not only at the current trade with Canada but also at our trade surpluses to other markets that import milk powder as well,” said Tom Vilsack, president and CEO of the U.S. Dairy Export Council.

With a level playing field in export markets, the U.S. dairy industry will continue to keep and create jobs in states across the country. The industry supports nearly 3 million workers, generates more than $39 billion in direct wages and has an overall economic impact of more than $200 billion, according to IDFA’s economic impact tool, Dairy Delivers^SM.

Read the full letter here.

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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 $200 billion. IDFA is the umbrella organization for the Milk Industry Foundation (MIF), the National Cheese Institute (NCI) and the International Ice Cream Association (IICA). Our 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. Our diverse membership includes numerous food retailers, suppliers and companies that offer infant formula and a wide variety of milk-derived ingredients. Visit IDFA at www.idfa.org.

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 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.

(Washington, D.C.) – Mexico appears poised to enact new restrictions on the use of common cheese names such as “parmesan,” “munster” and “feta” for products sold in Mexico, a development that runs counter to existing trade agreements with the United States, according to preliminary reports on the European Union (EU)-Mexico free trade agreement. Full details of the agreement have not yet been released, but early information indicates Mexico will force cheese marketers from Mexico and the United States to phase out the use of some generic names, yielding to the EU’s desire to monopolize those cheese markets.

“We are deeply disappointed that Mexico has limited U.S. access by restricting the use of common food names that have been used in the Mexican market for years. This undermines the rule of law and the value of the market access terms the U.S. has long had in place with Mexico,” said Secretary Tom Vilsack, president and CEO of the U.S. Dairy Export Council (USDEC). “While we are pleased that Mexico did not go so far as to grant full market access to the EU for dairy products, Mexico is essentially back-tracking on its mantra of ‘doing no harm’ in the NAFTA context. We hope as the details are hammered out that Mexico carefully weighs the impact of its remaining decisions pertaining to geographical indications (GIs) and common names.”

It appears that while Mexico preserved the rights of some common food names users, many key terms were put on the trading block. Generic terms such as parmesan, feta, munster, gorgonzola, asiago, fontina and neufchatel appear to be slated for future restrictions despite long-standing generic use—and familiarity with consumers—of many of these names in Mexico.

Preliminary information on the agreement signals that the U.S. government needs to do even more to ensure that “a bad situation doesn’t become even worse as the final details of the agreement are ironed out,” said Jim Mulhern, president and CEO of the National Milk Producers Federation (NMPF).

“It is deeply frustrating for U.S. farmers and food manufacturers that the U.S. government has not been able to persuade our closest allies—those in the NAFTA region—to simply honor their existing trade commitments to us,” Mulhern said. “This means that our exporters now face fewer opportunities for their products, and trading partners are emboldened to see how much further they can push the boundaries of creating nontariff trade barriers.”

The EU obtained exclusive rights for 340 GIs in the Mexico trade agreement.

“CCFN is committed to using all legal avenues to continue its work to combat the market restricting impacts of the EU’s efforts,” said Jaime Castaneda, executive director of the Consortium for Common Food Names. “We are hopeful that the Mexican Congress recognizes that this rogue approach to GIs policy is bad for consumers and ultimately benefits a handful of European producers at the expense of Mexico’s own industry.”

Mulhern added, “There have been no new U.S. agreements initiated that allow us to be the ones shaping the rules of trade. This latest blow is a very hard one for our industry. It makes it absolutely essential that the U.S. Administration deliver on our industry’s NAFTA priorities by providing new dairy market access and eliminating trade-distorting dairy pricing classes such as Canada’s Class 7.”

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The Consortium for Common Food Names (CCFN) is an independent, international non-profit alliance whose goal is to work with leaders in agriculture, trade and intellectual property rights to foster the adoption of high standards and model geographical indication guidelines throughout the world. Those interested in joining can find information at www.CommonFoodNames.com.

The National Milk Producers Federation (NMPF), based in Arlington, Virginia, 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 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.

The National Dairy Farmers Assuring Responsible Management (FARM) Program is partnering with the Beef Quality Assurance (BQA) program to collect nominations for the first-ever joint FARM/BQA Dairy Award for 2019. The deadline to apply is June 1, 2018.

The awards honor outstanding beef and dairy producers and marketers that demonstrate the best animal care and handling principles as part of their day-to-day operations. This is an opportunity for NMPF member cooperatives and FARM participants to recognize dairy farmers that they believe demonstrate a strong commitment to quality animal care. In 2017, NMPF member Chris Kraft and his family were recognized for the care provided on their two operations in northern Colorado, Badger Creek Farm and Quail Ridge Dairy.

“The FARM Program is excited to continue working with BQA by jointly presenting this award,” said Emily Yeiser Stepp, director of the FARM Animal Care program. “By partnering with BQA, we can grow our pool of nominations and celebrate even more dairy farmers for their commitment to the highest animal care standards.”

The winner of the BQA/FARM Dairy Award is selected by a committee of animal scientists, FARM staff, BQA staff and industry representatives. The winning dairy operation will be chosen based on a set of five criteria:

·       The farm’s collective BQA and FARM practices, accomplishments and goals;

·       Relevant local, regional and national BQA and/or dairy promotion group or cooperative leadership;

·       Promotion and improvement of animal care practices, BQA or FARM program and consumer perception of beef or dairy industries;

·       Effectiveness in promoting and implementing BQA practices; and

·       Completion of the FARM Version 3.0 Animal Care Evaluation and implementation of program requirements.

The award was previously offered solely by BQA, whose awards recognize outstanding members of the beef industry in five categories: Cow-Calf, Feedyard, Dairy, Marketer and Educator.

Any individual, group or organization can nominate a single dairy operation for the award. Individuals and families may not nominate themselves, though they can be involved when preparing the application.

NMPF and its National Dairy Farmers Assuring Responsible Management (FARM) Animal Care Program partners with both NCBA and BQA, working closely to create valuable producer resources on stockmanship, dairy beef welfare and quality, and animal care.

ARLINGTON, VA – The National Milk Producers Federation (NMPF) today lauded the House Agriculture Committee for approving a draft of the 2018 Farm Bill that contains key dairy policy improvements, a significant first step toward enacting a new Farm Bill before the current one expires this fall.

Among the provisions of significance to the U.S. dairy industry in the House bill are additional improvements to the dairy Margin Protection Program (MPP). The measure raises the maximum covered margin to $9/cwt. and adjusts the minimum percentage of milk that can be insured; both measures will offer greater flexibility for dairy producers. It also includes provisions of an important agreement reached between NMPF and the International Dairy Foods Association on price risk management.

“It’s important that the Farm Bill process continue moving forward,” said NMPF President and CEO Jim Mulhern. “As U.S. dairy farmers weather a fourth-straight year of depressed milk prices, making additional improvements to the dairy safety net through this farm bill becomes more critical with each passing day.”

The House bill also addresses several other NMPF priorities. The conservation title helps producers access technical and financial assistance to carry out multiple conservation practices on their land and water. Under the trade title, the Farm Bill authorizes the trade promotion programs that are critical to dairy farmers and their cooperatives. The bill also includes helpful provisions intended to increase fluid milk consumption. NMPF looks forward to working with Congress on these issues as the process continues.

In a letter sent to Chairman Mike Conaway (R-TX) and Ranking Member Collin Peterson (D-MN) before the committee’s markup, NMPF expressed gratitude for the members’ engagement and efforts in securing the aforementioned NMPF proposals, and others, in the House bill.

“We recognize that the process of completing each Farm Bill is long and complex, with many twists and turns in the road,” said the letter. “As the process continues, we look forward to continuing to work with you and your Senate counterparts to complete work on a bipartisan, bicameral bill that can be signed into law by the President before the current law expires.”

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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.

ARLINGTON, VA – The Office of the U.S. Trade Representative (USTR) yesterday accepted a petition from the National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) to examine India’s failure to follow through on its obligations to provide “equitable and reasonable access to its market” for dairy products. In addition, Indonesia, which has also been pursuing dairy trade distorting policies, will be included in USTR’s review to assess that country’s compliance with its market access obligations.

India has for many years maintained unjustified market access barriers to U.S. dairy products, despite receiving preferential access to the U.S. market under a special duty-free trade arrangement called the Generalized System of Preferences (GSP). India abruptly began denying dairy exports in 2003, citing safety concerns and demanding revised government-issued health certificates. The U.S. industry and U.S. government have worked in good faith over the last 15 years to remove this intractable barrier, but have been met with a shifting litany of demands not founded on sound science.

Meanwhile, since last year Indonesia has been advancing a policy aimed at mandating that importers and manufacturers in its country purchase local milk or contribute monetarily to support the local dairy industry, even though this runs counter to its WTO commitments.

GSP benefits come with the expectation that the trading partners using the program comply with a baseline level of requirements, including those related to reasonable market access terms. USTR has rightfully determined that a thorough examination of these countries’ adherence to these terms of the deal is necessary.

Industry officials praised USTR’s decision to review India’s and Indonesia’s GSP status, and are hopeful that the move will force the countries to halt unfair trading practices that harm U.S. farmers.

“Dairy farmers across the country applaud the White House and USTR for taking this step and holding these countries accountable for their unlawful actions,” said NMPF President and CEO Jim Mulhern. “We’ve been wrongly blocked from the Indian market for more than a decade, and Indonesia has recently been heading down a similar route. If these nations refuse to embrace free and fair trade, there must be consequences.”

“We export dairy products to more than 100 countries and our products are universally recognized as safe,” explained Tom Vilsack, USDEC president and CEO and former U.S. Secretary of Agriculture. “Exports are essential to rural America’s future, and our government must prioritize the removal of trade impediments like this to foster an open and healthy market.”

The two organizations thanked the Trump Administration for sending a strong message that trade should be a two-way street. They said USTR has the opportunity to lead on other key dairy trade issues, such as tearing down policies erected by Canada that are harming U.S. dairy exports and run counter to what is needed from a modernized North American Free Trade Agreement.

USTR indicated that a public hearing and comment period for the new GSP reviews of India and Indonesia will be announced in an upcoming Federal Register notice.

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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 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.

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.

From Jim Mulhern, President and CEO, NMPF:

ARLINGTON, VA – “Congress made important improvements to the dairy safety net earlier this year, but as we have said repeatedly, there is more that must be done in the upcoming Farm Bill. That need is particularly urgent given the ongoing economic distress facing America’s dairy farmers.

“As the House developed its Farm Bill, we have worked closely with the leaders of the Agriculture Committee, including Chairman Mike Conaway, Ranking Member Collin Peterson, Vice Chairman Glenn Thompson and others to make further improvements to the Margin Protection Program and enhance farmers’ ability to use the Livestock Gross Margin program and other risk management tools.

“The bill introduced today includes several changes we have advocated for, particularly in improving coverage levels and providing greater coverage flexibility for dairy producers. It also includes important language on price risk management, which NMPF has worked on closely alongside the International Dairy Foods Association. As the Farm Bill moves forward, we will continue to work with our allies in Congress on a bipartisan, bicameral basis to further strengthen the dairy safety net for producers of all sizes.”

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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.

Although negotiators from Canada, Mexico and the United States made progress last month on several important trade issues within the North American Free Trade Agreement (NAFTA), NMPF’s top priority – addressing Canada’s trade-distorting policies – remains unresolved.

In the face of rising pressure on negotiators to achieve a breakthrough this month, NMPF continues to emphasize the importance of addressing U.S. dairy trade priorities, including rolling back Canada’s new Class 7 pricing program, tackling sky-high Canadian tariff barriers and establishing rules of geographical indications to help safeguard the use of common cheese names.

A number of NMPF members, both farmers and cooperative executives, met recently with Chief Agricultural Negotiator Gregg Doud and Ted McKinney, USDA Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs, to emphasize the importance of dealing with Canada’s trade distorting policies as part of the NAFTA renegotiations. In a letter written by the U.S. Dairy Export Council (USDEC) and NMPF, and co-signed with the International Dairy Foods Association (IDFA), the dairy industry delivered a clear message that NAFTA needs to generate a win for agriculture, as President Donald Trump himself has stated more than once.

NMPF’s Jaime Castaneda attended the seventh negotiating round in Mexico City in March, where he held meetings with U.S. and foreign government officials and attended confidential trade advisor consultation sessions. He also met with Mexican industry allies to discuss the U.S. dairy industry’s key NAFTA goals, including preserving the free flow of dairy products between the United States and Mexico.

The now-concluded chapter on SPS measures will help further safeguard those sales. It reportedly builds upon the text used in the Trans-Pacific Partnership (TPP), during which NMPF played a leading role. NMPF’s goal in encouraging stronger SPS commitments is to make it less likely for unfounded non-tariff barriers to derail U.S. exports.

The United States and South Korea announced that the two countries reached an agreement “in principle” in late March on the bilateral free trade agreement known as KORUS, and in the process achieved a positive outcome for America’s dairy sector. As the trade agreement was renegotiated, NMPF had stressed the need for the United States to remain in this agreement, and pursue targeted changes and solutions to several implementation concerns.

KORUS has been instrumental in preserving U.S. competitiveness in a key dairy market. Without it, the U.S. dairy industry would be the only major dairy supplier subject to 36-percent cheese tariffs or lacking a country-specific tariff rate quota for milk powder.

With this agreement, the U.S. dairy industry will remain a competitive dairy exporter to South Korea in a world in which most other major dairy exporters have access to the South Korean market through other trade agreements. KORUS puts U.S. companies selling dairy products made in American on the same footing with dairy competitors from other countries.

In addition to securing modifications to some non-agricultural portions of the agreement, USTR also tackled concerns related to customs procedures. This refers to whether products coming from the United States are found by Korea to qualify for preferential access under KORUS. NMPF welcomed progress in this area, as it has been a concern in recent years for U.S. dairy exporters whose products risked losing their preferential tariff access rights to Korea if the shipment was routed through a Canadian port rather than remaining in U.S. territory.

On March 29, NMPF and USDEC commended USTR for successfully addressing the specific trade concerns highlighted by various U.S. stakeholders, while also preserving the overall agreement that has been so beneficial to the U.S. dairy industry.

The National Dairy Farmers Assuring Responsible Management (FARM) Program hosted a joint animal care evaluator and evaluator trainer course in Madison, Wisconsin on March 20 and 21, welcoming 16 participants to the evaluator trainer course and 10 to the evaluator training.

These training courses consisted of one day in the classroom and one day on a farm completing a FARM Version 3.0 Animal Care evaluation. The training’s on-farm experience was hosted by Foremost Farms and the University of Wisconsin.

For evaluators and trainers looking to be recertified in person, the FARM Program will host another course in Charlotte, North Carolina, on Nov. 27-28. To remain up to date on certification, evaluators are required to complete an annual recertification course. Those interested in becoming certified FARM animal care evaluators can learn about minimum requirements and certification here.

Meanwhile, third-party verifications of those second-party FARM Program animal care evaluations completed in 2017 are halfway done, with full completion anticipated by the end of May.

The third-party verification process identifies any inconsistences in evaluator observations across the program. Farms that underwent a second-party evaluation in 2017 are placed in a random sampling pool to identify farms that will also undergo third party verification.  The FARM Program has contracted two third-party vendors, Food Safety Net Services (FSNS) and the U.S. Department of Agriculture-Agriculture Marketing Services (USDA-AMS), to complete verifications. All third-party verifications should be prescheduled with farmers and cooperative or processor staff.

If FARM participants have questions about the verification process, please contact Jamie Jonker.

In mid-March, the U.S. Department of Agriculture (USDA) USDA formally withdrew a final rule regarding animal welfare standards, acting on a recommendation from NMPF supporting the department’s proposal after the agency requested comments last December.

The Organic Livestock and Poultry Practices rule, originally published in January 2017, proposed imposing a variety of new animal care and housing standards for farms covered by the certified organic program. NMPF initially expressed concern about the proposed standards in July 2016, saying the changes fall short of those already employed by the National Dairy Farmers Assuring Responsible Management (FARM) Animal Care Program.

In its most recent comments, NMPF stated that the FARM Animal Care Program assures animal care and wellbeing throughout the U.S. dairy industry, thus the requirements in USDA’s final rule are unnecessary and duplicative for dairy cattle. Furthermore, the basis of the FARM Animal Care Program is sound science, and its standards are updated every three years to accommodate the latest research around animal health and wellbeing.

On March 13, USDA formally withdrew the rule, determining it exceeded USDA’s statutory authority. USDA said withdrawing it was justified after assessing rule’s benefits and burdens, as NMPF comments consistently stated.