Immigration Reform Quest Goes On

July 1, 2014
To no one’s great surprise, President Obama recently confirmed what has long been suspected here in Washington:  the chances of Congress passing immigration reform legislation in 2014 have gone from slim to none.  Late last month, the President said Speaker John Boehner informed him the House of Representatives will not move forward with the issue this year.

And yet, some continue to acknowledge this inconvenient truth about the pressing need for Washington’s lawmakers to work on immigration: “The current system, to me, is broken.”  This recognition of reality has been expressed by NMPF as an organization for a decade, as well as by many other individuals and groups working on the issue.  However, what makes this quote significant is that it comes from the new House Majority Leader, Rep. Kevin McCarthy.  You’ll recall that McCarthy (who represents the farming-dependent community of Bakersfield, Cal., where he sees the challenge of this issue first-hand) was just elected to replace former Majority Leader Eric Cantor, who lost his primary election in June.
So even though the political momentum doesn’t currently exist to pass a bill in the House, many of the leaders in the House, including the new number-two GOP leader, Rep. McCarthy, continue to acknowledge that this issue needs to be tackled. NMPF, meanwhile, will continue to seek consensus between both parties behind the principles which have always guided us in this process: protecting current workers, establishing a system to attract and retain future workers, and holding harmless farmers who may have employed improperly documented workers.
Right now, it’s not clear what administrative actions could be taken by the President, or more importantly, would be helpful to dairy farmers in the short run.  NMPF’s focus has always been on the long-term implications of farms not having access to future workers, or losing workers that they have employed for many years. We will continue to press our case with the Administration to ensure that, if the President decides to act on this issue, his actions be in the best interest of dairy farmers and agriculture generally.
The current political stalemate creates the type of uncertainty for small businesses that, simply put, is bad for the economy.  Businesses involved in food production, including seasonal produce operations, as well as those with perennial needs for work – such as dairy farms – will still be hard-pressed to find the workers they need, this year or next.   As the unemployment rate gradually recedes, the challenge of finding the type of labor needed on dairy farms is going to grow.
The imbalanced supply and demand situation affecting the agricultural workforce in America is not going to correct itself in the absence of congressional action.  This is why NMPF is going to continue to work with other national farm organizations through the Agriculture Workforce Coalition.  The history of most major public policy controversies is that they take multiple efforts, by a variety of stakeholders working together in common cause, to finally make things happen. It’s not a question of if, but when, it happens.
With the Farm Bill battles in our rear-view mirror, NMPF is devoting even more attention to other major policy issues like immigration reform.  Margin insurance to hedge against catastrophically-low milk prices, and/or high feed costs, is going to be a great tool for farmers.  But the failure to fix our broken immigration system, and thus ensure that farms have an adequate supply of legalized workers, exposes many to the same type of economic vulnerability posed by an inadequate farm-level economic safety net.  Even if the congressional political state of play may have shifted recently on Capitol Hill, the economic reality outside of Washington has not.  Our works goes on.

NMPF Statement on Veto of Connecticut Legislation Banning Chocolate Milk from School Cafeterias

The National Milk Producers Federation issued the following statement on Thursday, June 12, from President and CEO Jim Mulhern on Connecticut Governor Dannel Malloy’s veto of legislation banning chocolate milk from Connecticut school lunchrooms:

“It’s encouraging to see reason and common sense returning to the debate over chocolate milk in schools. As a recent university study made clear, schools that remove chocolate milk from the cafeteria are simply throwing the nutritional baby out with the bathwater. They deprive kids of calcium, protein and other needed nutrients while they increase waste and boost costs. Certainly, obesity is a serious problem among today’s youth. But the answer isn’t to ban chocolate milk. Connecticut is not required to pass this legislation to keep its federal school meals funding. Federal nutrition standards specifically allow schools to serve fat-free chocolate milk as part of reimbursable meals and in cafeteria a la carte lines. Governor Malloy is to be congratulated for thinking this through, and not opting for the quick, easy but wrong solution.”

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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 more than 32,000 dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

 

NMPF Thanks EPA for Allowing More Time to Consider U.S. Waterways Regulation

The National Milk Producers Federation today thanked the Environmental Protection Agency for agreeing to allow more time to examine a controversial draft regulation expanding the waterways subject to pollution controls under the federal Clean Water Act.
“Dairy farmers are committed to protecting U.S. waters both voluntarily and under the Clean Water Act,” said NMPF President and CEO Jim Mulhern, “but the EPA needs to go about this effort in the right way. Allowing more time to consider EPA’s draft will give everyone the chance to adequately consider the issues raised in the draft and make it less likely the final regulation will be harmful to dairy farmers.”
NMPF represents dairy farmers producing most of the nation’s milk supply. In a May 30 letter, NMPF asked that the public comment period on EPA’s draft regulation be extended at least 90 days.
NMPF cited two reasons for requesting more time to consider the regulation:  First, the EPA and the Army Corps of Engineers have not completed the report providing the scientific underpinning for the regulation; and second, many of the key concepts discussed in the draft are unclear or subject to interpretation by government regulators.

“For dairy farmers to understand and assess the proposed changes, the science behind them must be clear and conclusive,” Mulhern said. “And yet, the draft relies on the scientific conclusions of an EPA report still under review by the agency’s Science Advisory Board.” Likewise, Mulhern said, many of the terms used in the draft, including terms like ‘‘floodplain’’ and ‘‘tributary,’’ and not well defined. “These terms are as murky at best, and, therefore, will create confusion for dairy producers.
“Given the scope and complexities of the proposed rule and its supporting documents, it was essential that EPA allow more time to consider the issues it raises,” Mulhern said. “NMPF appreciates that the agency has allowed the time needed to clarify these issues.”
EPA extended the comment period on the regulation 90 days, until October 20.
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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 more than 32,000 dairy producers on Capitol Hill and with government agencies. For more on NMPF’s activities, visit our website at www.nmpf.org.

NMPF Board Meets to Review Farm Bill, Animal Care Issues

NMPF’s Board of Directors met last week in Arlington, Virginia, for an update on several key issues of interest to dairy farmers and cooperatives, including the progress being made on implementing the new farm bill’s dairy safety net.

During a special dinner to celebrate the passage of the Farm Bill last Tuesday, NMPF President and CEO Jim Mulhern presented a plaque to Sen. Debbie Stabenow of Michigan (pictured at left), who as Chair of the Senate Agriculture Committee proved instrumental in helping shepherd the passage of the bill.
 
Mulhern reported to the board that the organization’s staff continue to interact with USDA officials developing the specific regulations that will govern the new Margin Protection Program established by the 2014 Farm Bill.  NMPF has been anticipating farmer questions and urging USDA to make the program as easy as possible for farmers to understand and use.  Karla Thieman, Senior advisor to USDA Secretary Tom Vilsack, reported to the NMPF Board that the agency is on track to release the rules governing initial program enrollment by the end of the summer.  
 
NMPF is developing an online dashboard calculator that will allow farmers to estimate future margins in order to help them make choices about MPP coverage levels.  That calculator will be available once final program details are known.  NMPF will continue to make available information and tools to help cooperatives explain the new MPP to farmers.
 
In other developments, given the continued interest and focus from customers about dairy farm animal care, the NMPF board discussed two updates to the National Dairy FARM program that will be voted on at its next meeting in October.  
 
The first measure is a resolution for consideration by the board that would require all FARM program participant companies to conduct second party evaluations on their direct-ship farms. All farms would also be included in the pool for third party verification.   The resolution is being shared with NMPF’s members (and other co-ops and processors not represented by NMPF) so that each organization can review the resolution and vote on adopting it in October.  
 
The second measure specifies a protocol to address allegations of willful animal mistreatment on farms enrolled in the program. Willful mistreatment is a violation of existing FARM program guidelines; the new protocol establishes procedures to address such violations.   The focus of this process is to ensure a farm’s practices are consistent with the program’s guidelines – not to exclude the farm from future participation in the FARM program. This new process will help enhance the integrity of the FARM program to customers while helping farms regain full FARM program participant status by implementing the steps identified in the animal care improvement plan. 
 
The Board of Directors also seated a new member representing Cooperative Milk Producers Association, Inc.  Jimmy Kerr joins the board, replacing long-time member Bill Blalock, who has retired from the Board.  Kerr has been on CMPA’s board for more than 20 years, serving as Vice President of the coop for the last six.  He, his son Alex and wife Donna milk 200 registered Holstein on 600 acres in Amelia, Virginia.
 

Young Cooperators Come to DC for Capitol Hill Visits

Nearly 60 dairy farmers from dozens of states fanned out on Capitol Hill last week in conjunction with NMPF’s summer board of directors meeting and Young Cooperator grassroots lobbying session.

The dairy producers (including Roxy Helman, Traci Hamstra and Kelly Dugan  (l-r), pictured with Sen. Jeff Flake of Arizona) discussed key issues of interest to the dairy setor, including trade policy, GMO food labeling standards, and the need for immigration reform.

NMPF to FDA: Instead of Issuing New Labeling Regs, Enforce Those on Dairy Imposters

In a May 5 letter, NMPF questioned why the FDA is focused on clarifying the use of terms like “dried cane syrup” or “evaporated cane juice” at the same time it allows soy, rice, nut, and hemp products to repeatedly define themselves as milk in violation of FDA’s own long-standing food standards.
 
“It seems rather disingenuous for the Agency to utilize its often-referenced ‘limited resources’ to issue additional labeling guidance, while simultaneously not enforcing existing regulations pertaining to the identity of foods” like imitation dairy products, NMPF wrote. “The Agency has blatantly disregarded the names displayed on the labels of imitation dairy products (e.g., ‘soy milk’, ‘rice yogurt’, etc.) in the current marketplace.  
 
“While the FDA has made its position clear through warning letters to several manufacturers … these actions have been too infrequent to be effective, essentially creating a labeling landscape free of enforcement,” NMPF said.  
 
The letter was the latest in a long series of NMPF attempts to get the FDA to enforce requirements for the labeling of these imposters, many of which are not nutritionally equivalent to real dairy products.  
 
“Manufacturers of these imitation products have misled American consumers for far too long – making a mockery of current labeling regulations – by usurping the ‘dairy halo’ associated with wholesome and nutritious milk and dairy products,” the letter said. 
 

House Members Join Senate in Condemning EU Tactic on Cheese Names

A bipartisan group of more than 175 House members has joined a majority of the U.S. Senate in urging the Obama administration to fight back against European Union efforts to keep U.S. dairy companies from using common cheese names like parmesan and feta both in export markets and in the United States.

In a mid-May letter, the House members urged U.S. Trade Representative Michael Froman and Agriculture Secretary Tom Vilsack to use transatlantic trade talks to address a variety of export barriers hampering the U.S. dairy industry. Chief among them was the EU’s gratuitous use of “geographical indications” to limit the use of familiar food names in other countries. 
 
The letter followed similar correspondence sent in March by more than 50 senators.  
 
Two co-chairs of the Congressional Dairy Farmer Caucus, Reps. Reid Ribble (R-WI) and Peter Welch (D-VT), spearheaded the House letter, with help from NMPF, the U.S. Dairy Export Council and the International Dairy Foods Association. The letter pointed out that negotiations with the European Union over the proposed Transatlantic Trade and Investment Partnership are an opportunity to address protectionist measures that block U.S. dairy sales to 500 million consumers.
 
“The EU is taking a mechanism that was created to protect consumers against misleading information and instead using it to carve out exclusive market access for its own producers,” the letter said. “This type of barrier to trade and commerce defies the fundamental goals of a trade agreement, and we urge you to work aggressively against the EU’s efforts ….” 
 
NMPF also presented on the importance of the issues the House letter addresses – tariffs, common names and other nontariff barriers confronting U.S. dairy exports to the EU – to U.S. and EU negotiators during the May TTIP stakeholders forum in Arlington, Virginia.

Co-ops, Processors Demands Access to Japanese, Canadian Markets in Trade Deal

If Japan and Canada renege on pledges to open their markets to U.S. dairy products, don’t count on our support for the Trans-Pacific trade pact. That’s the message nearly 40 cooperatives and dairy processing companies – all members of NMPF or the U.S. Dairy Export Council – sent to the Obama administration in early June
 
NMPF and USDEC initiated the united industry message to underscore the need for comprehensive access to Japanese and Canadian markets in any final Trans-Pacific Partnership agreement. The message – in the form of letters to U.S. Trade Representative Michael Froman and Agriculture Secretary Tom Vilsack – came on the heels of Japanese statements that it would not agree to abolish tariffs on key agricultural products, including dairy. The ambitious trade agreement has been under discussion for several years.
 
“Dairy industry support of the TPP is not unconditional,” said NMPF President and CEO Jim Mulhern. “If access to our products is not assured by Japan and Canada, we will find it difficult to support the final agreement. In addition, we could re-examine our support for fast-track TPP approval in Congress.”  
 
Tom Suber, President of USDEC, added: “…it is critical that Japanese and Canadian participation in TPP be meaningful and comprehensive across all dairy products. It is entirely unacceptable to have such sizable, sophisticated economies refusing to undertake the necessary openness that they agreed to upon entering TPP.”
 
In addition to urging U.S. negotiators to remain focused on opening up the Japanese and Canadian markets, the dairy organizations stressed the importance of addressing the lingering impacts of New Zealand government policies that have advantaged the country’s leading dairy firm at the expense of other dairy exporters. 
 

NMPF to EPA on Waters Regulation: ‘Clear as Muddy Water’

Citing incomplete science and unclear terminology, NMPF has asked the Environmental Protection Agency to delay a decision on its controversial draft regulation expanding the waterways subject to regulation under the Clean Water Act.  

In a letter to EPA Administrator Gina McCarthy, NMPF’s President and CEO Jim Mulhern said dairy farmers are committed to protecting U.S. waters both voluntarily and under the Clean Water Act. However, Mulhern said, “it is imperative that the EPA go about this effort in the right way, in light of the potential impact of this measure on dairy farmers. It would be a disservice to farmers to rush this proposal through the review process without sufficient scientific support or time to better understand the complexities of the issue.”

 
The regulation expands the waterways covered under the 1972 Clean Water Act to nearly all those connected to U.S. navigable waters. NMPF noted that EPA and the Army Corps of Engineers have not completed the report providing the scientific underpinning for the regulation and that many of its key concepts – including ‘‘riparian area,’’ ‘‘floodplain,’’ ‘‘tributary,’’ and ‘‘significant nexus’ – are either undefined or subject to interpretation by government regulators. “These terms are as clear as muddy water, and, therefore, will create confusion for dairy producers,” NMPF said.  
 
It added: “Given the scope and complexities of the proposed rule and its supporting documents, NMPF requests an extension of the comment period, either to 90 days beyond the current deadline, or 90 days beyond EPA’s release of the final connectivity report” providing scientific basis for the regulation.” 
 

CWT Helps with another 14.2 Million Pounds of Dairy Exports

Cooperatives Working Together helped member cooperatives sell another 14.2 million pounds of dairy products overseas in May. The voluntary, farmer-funded program will provide assistance on 53 overseas sales from seven different cooperatives: Dairy Farmers of America, Foremost Farms, Maryland & Virginia Milk Producers Association, Michigan Milk Producers Association, Northwest Dairy Association (Darigold), Tillamook County Creamery Association and Upstate-O-AT-KA. The products included 7.1 million pounds of American-type cheese, 4.2 million pounds of butter, and 3 million pounds of whole milk powder. All will be delivered before the end of the year.

 
This brings the year-to-date total to over 111 million pounds of dairy product export sales assisted by CWT, the equivalent of 1.618 billion pounds of milk on a milkfat basis. 
 

New Faces of Farming to be Selected

The U.S. Farmers & Ranchers Alliance® is looking for four new national spokesmen and women to help put a human face on agriculture. Those selected will make public appearances, talk to the media and be featured in print ads on behalf of USFRA.  For the past 18 months, dairyman Will Gilmer of Alabama (R) has been one of the four national Faces of Farming and Ranching.
 
Eight finalists will be selected in September to participate in a public vote process and undergo a formal USFRA judging process. The winners will be announced October 24, in conjunction with Food Day. 
 
The four new Faces of Farming and Ranching will serve for a year. They will receive a $10,000 stipend to help cover costs at home while they are at USFRA events and a $5,000 donation to a charity of their choice. They also will receive professional media and speaker training.  
 
USFRA is an alliance of more than 80 agriculture organizations committed to engaging with consumers who have questions about how today’s food is grown and raised. 
 
Applications for the next round will be collected through mid-July. Those interested should contact NMPF Senior Vice President for Communications Chris Galen at cgalen@nmpf.org. In addition to filling out a form, applicants must submit a short video about their farm.