Pathways to Expand Trade Under Pursuit

While movement by the administration to resume comprehensive trade negotiations remains lacking, NMPF continues pursuing multiple pathways and outlining steps to government officials that can be taken to expand market access for U.S. dairy exports.

NMPF president and CEO Jim Mulhern participated in a Feb. 10 agricultural CEO discussion with U.S. Trade Representative Katherine Tai focused on the sector’s trade priorities and market barriers around the world, including the growing disadvantage U.S. agricultural exporters face in key markets as trade competitors negotiate free trade agreements and the United States doesn’t.

NMPF is continuing to press for the U.S. government to pursue comprehensive trade agreements, particularly with key dairy markets such as those in Southeast Asia and the United Kingdom, given that the administration is more focused currently on pursuing non-FTA trade initiatives. As a result, NMPF’s trade policy team is urging the U.S. Trade Representative (USTR) to use additional, alternative avenues to expand trade – addressing tariff and nontariff barriers – that can fill in gaps in trade opportunities until FTAs can be inked.

NMPF and the U.S. Dairy Export Council (USDEC) submitted confidential recommendations to USTR earlier on Feb. 8, addressing areas of prime opportunity across a variety of high-priority markets. NMPF urged the administration to use trade tools such as Trade and Investment Framework Agreements and the fledgling Indo-Pacific Economic Framework to address the regulatory and policy challenges identified. NMPF is also encouraging a greater focus on lowering Most Favored Nation tariffs in key markets to put U.S. dairy exporters on a more level playing field.

NMPF Asks EPA to Defer WOTUS Rewrite

NMPF filed comments on the proposed definition of Waters of the U.S. (WOTUS) under the Clean Water Act on Feb. 7, urging the Environmental Protection Agency (EPA) to suspend its rewrite of the Waters of the U.S. (WOTUS) until the Supreme Court has a chance to consider a critical case under the Clean Water Act and to reconsider its stance on the Navigable Waters Protection Rule. NMPF also encouraged EPA to incorporate the recommendations put forth by the EPA Farm, Ranch, and Rural Communities Committee which included ensuring EPA compliance with the Clean Water Act and Supreme Court precedent limiting federal jurisdiction over bodies of water, developing a clear definition of WOTUS that is easily interpreted by farmers and ranchers, and protecting WOTUS exemptions for common agricultural features.

Along from submitting comments – the fifth set of comments on WOTUS NMPF has offered in the past decade – NMPF signed on to the American Farm Bureau Federation’s comments with several other agriculture organizations. It also released a member alert on the issue and highlighted agriculture’s strong concern for farmers having a critical voice in determining definitions.

The proposed rule “exercises the agencies’ discretionary authority to interpret ’Waters of the United States’ to mean the waters defined by the longstanding 1986 regulations, with amendments to certain parts of those rules to reflect the agencies’ interpretation of the statutory limits on the scope of the ‘waters of the United States’ and informed by Supreme Court case law.” The agencies believe a return to the pre-2015 definition will provide a known and familiar framework for co-regulators and stakeholders. The proposed rule comes after the Navigable Waters Protection Rule was ordered and vacated in the case of Pascua Tribe v. U.S. Environmental Protection Agency in August 2021.

NMPF has been active in developing several WOTUS rules, meeting with EPA on numerous occasions to emphasize the need for certainty and clarity in water regulations for dairy farmers through a lasting rule that complies with the law.

1% Flavored Win Means More Work Ahead

NMPF celebrated a key win on school milk in February, an important step toward keeping the milk variety in meal programs more permanently.

USDA’s final rule addressing sodium, whole grain, and milk standards for school meal programs, released Feb. 7, protects the option of low-fat flavored milk for the National School Lunch program, the School Breakfast Program, the Special Milk Program, and the Child and Adult Care Food Program through the end of the 2023-24 school year.

Maintaining the low-fat flavored milk option for schools has been a lengthy battle. Since USDA removed the popular option from schools with a 2012 rule, NMPF has led advocacy efforts to reinstate low-fat flavored milk more permanently as an option for schools, including supporting Representatives Joe Courtney (D-CT) and Glenn “GT” Thompson (R-PA) leadership to advance their bipartisan School Milk Nutrition Act (H.R. 4635).

“Ensuring kids have access to the nutrients they need to grow and thrive is a top priority for dairy,” said NMPF President and CEO Jim Mulhern at the time of the announcement.  “We thank USDA for the rule’s provision that maintains schools’ ability to serve low-fat, 1% flavored milk. One percent flavored milk is not only fully consistent with the Dietary Guidelines for Americans, it is also a nutrient-dense, low-fat healthy option kids will choose to drink.”

Mulhern also thanked Reps. Courtney and Thompson for their long-time leadership on this issue, noting NMPF looks “forward to continuing to work with them, USDA, and others to help ensure everyone has access to nutritious food.”

NMPF plans to do just that, as the Feb. 7 rule provides transitional standards only through the 2023-24 school year. While the rule does offer schools more certainty than they had prior to the rule, USDA’s Food and Nutrition Services intends to implement additional regulations governing school meals beyond the 2023-24 school year to conform meal patterns more closely to the 2020-2025 Dietary Guidelines for Americans. NMPF will continue to work both with USDA on the longer-term rule and with Congress to codify the allowance of 1% flavored milk in schools, using the new rule to add momentum to NMPF’s efforts to secure the low-fat flavored option permanently.

Surging Milk Price Boosts DMC Margin

The January margin under the Dairy Margin Coverage (DMC) program rose just over $2/cwt to $11.54/cwt, fueled by the third-highest ever jump in the U.S. average all-milk price.

A spectacular $2.40 per hundredweight one-month jump in the U.S. average all-milk price in January overpowered a DMC feed-cost calculation that rose only 39 cents in the same period. The monthly milk price gain has only been surpassed in April 2004, when it rose by $2.60/cwt, and June 2020, when it leaped by $4.50 /cwt as part of a price sharp recovery from the onset of the COVID-19 pandemic. That jump returned the price to barely higher than it had been just three months earlier; by contrast, the recent spike capped a series of gains that have pushed the price up by $6.50/cwt over five months.

January’s all-milk price has only been surpassed in five months, all in 2014. Late February dairy and grain futures indicate that feed costs will tend to track milk prices over the next several months to keep the margin from rising much above its January level.

As of February 28, the 2021 DMC program has seen record payments of nearly $1.2 billion to 18,952 enrolled operations, an average of $62,773 per enrolled operation. NMPF urges all dairy farmers who haven’t yet joined DMC to do so. The deadline to sign up for the 2022 DMC program has been extended to March 25. NMPF has a page of resources here for those who may have questions about the program.

NMPF Sustainability Priorities Gain Traction with Congress, USDA

NMPF’s producer-led climate and sustainability leadership is gaining attention from key members of Congress as well as the U.S. Department of Agriculture.

NMPF Board of Directors member and California dairy producer Melvin Medeiros testified before a House Agriculture subcommittee on Feb. 3, touting dairy sustainability gains farmers have already made and outlining a path forward for further progress. Medeiros at the virtual hearing cited research showing that producing a gallon of milk in 2017 required 30% less water, 21% less land, had a 19% smaller carbon footprint, and produced 20% less manure than in 2007. He also cited dairy’s Net Zero Initiative as an example of proactive, producer-led agricultural leadership in reducing greenhouse gas emissions.

“U.S. dairy farmers are environmental stewards. We tend with great care to our land and water to improve the resources on our farms and ensure future generations can carry on our important work of feeding the nation and the world,” said Medeiros, a member of the Dairy Farmers of America cooperative who serves on NMPF’s Executive Committee, in a hearing of the House Agriculture Committee’s Subcommittee on Livestock and Foreign Agriculture.

“We value a proactive approach to sustainability, which can take many different forms, and we have adapted as agricultural practices and technologies have evolved and improved over time,” said Medeiros, who owns and operates a 1,600-cow dairy in Laton, CA.

Medeiros, also featured in the latest NMPF Farmer Focus, asked lawmakers to support policy improvements that would assist producers in sustainability efforts, with examples including:

  • Enhanced funding for conservation programs with greater emphasis on areas like feed and manure management
  • An investment tax credit to cover the upfront capital costs of digesters to help reduce methane emissions, and
  • Expedited approval of innovative animal feed additives that can significantly diminish enteric emissions.

“NMPF and the dairy producers it represents are grateful to the House Agriculture Committee for inviting Melvin to highlight dairy’s commitment to a more sustainable future,” said Jim Mulhern, President and CEO of NMPF. “But as he noted, improving sustainability will also require improving public policy to aid farmers in their critical stewardship mission. We stand ready to partner with Congress to get the job done.” NMPF worked closely with Medeiros and DFA to help strongly spotlight the dairy industry’s priorities during the hearing.

The week after the hearing, Agriculture Secretary Tom Vilsack on Feb. 7 announced USDA’s Partnerships for Climate-Smart Commodities Initiative incorporating several key NMPF recommendations. The new initiative, using $1 billion from the Commodity Credit Corporation, will provide grants to partners through a competitive process to implement pilot projects that incentivize farmers to adopt production practices that ensure their commodities have climate smart properties.

The partnership is emerging after months of NMPF efforts, including joint comments to USDA with Newtrient LLC as the department formulated the initiative. NMPF is pleased the program reflects key dairy priorities, emphasizing manure management as well as feed management to reduce enteric emissions among its targeted climate-smart ag practices. USDA has also highlighted the need to make the program work effectively for producers of all sizes, which is essential for meeting the U.S. dairy sector’s needs.

The first round of program applications will be due on April 8 to fund larger projects, defined as those seeking grant funding ranging from $5 million to $100 million. The second round of applications will be due on May 27 for smaller projects, defined as those seeking grant funding ranging from $250,000 to $4,999,999.

“We applaud Agriculture Secretary Tom Vilsack and his team at USDA for working to fashion the Partnerships for Climate-Smart Commodities initiative in a way that will provide significant opportunities for U.S. dairy producers of all sizes to build on their proactive sustainability work. NMPF looks forward to working with USDA to make this program a success —and a springboard for additional achievements,” Mulhern said.

Consensus Needed to Modernize Milk Pricing

The National Milk Producers Federation (NMPF) this month celebrates a mini-milestone on the path to normal: A return to our in-person March board meeting for the first time since March 11, 2020, when we met at the same moment that lockdowns and cancellations engulfed the country.

We expect smoother sailing this time around. But of course, much of our work is informed by the lessons of the past two years, which have been challenging for our industry, to say the least. That experience is a major – but far from the only – motivator behind a significant undertaking of 2022: Working to modernize the Federal Milk Marketing Order (FMMO) system.

FMMOs, the bedrock of orderly milk marketing, showed signs of stress during the pandemic and are ripe for review after more than two decades without any significant updates. NMPF is the natural leader of this discussion and the logical place to formulate a plan. But it’s critical, as serious discussions get underway for what would be the first major changes to FMMOs since 2000, to understand what the conversation needs – and what it doesn’t.

First: We support federal marketing orders, which have promoted orderly milk markets for nearly a century. A well-functioning federal order system at its best works as a model of the industry itself, providing a fair and transparent program that benefits producers and consumers, and that accounts for the unique needs of producers and cooperatives through a referendum process to approve any proposed changes.

And just as the industry changes, the FMMO system must adapt to reflect the new realities in today’s milk markets. The reasons for modernization are many. The current Class I mover needs to be reviewed, as $750 million in farmer revenue losses during the second half of 2020 compared to the previous mover formula attests. Make-allowances that address the cost of processing milk into manufactured products haven’t been changed in years and may need adjustment, as suggested in a recently released, USDA-commissioned study. The average fat and protein levels in milk from the farm are higher today than they were in 2000, but current federal pricing formulas don’t accurately reflect this increased component content.

These are only a few top-line concerns from a much longer list. Many recent headaches for farmers over the past several years, from the block/barrel spread to negative PPDs and the resultant widespread de-pooling were in part an effect of federal orders, but not caused by them; and tweaks to the program could have positive impacts that ameliorate these types of issues in the future.

In response, NMPF has been taking the lead in delving deeply into these and other issues, convening its Economic Policy Committee and Board of Directors to examine the critical issues and determine those best addressed through a national marketing-order hearing and which may be separate issues or ones best addressed through regional order hearings. We’ve spent the past several months soliciting farmer and co-op insights and creating a task force of co-op technical experts who have been delving into marketing orders from top to bottom.

The one thing everyone can agree on is, a lot of suggestions can be laid on the table. That’s the easy part. But once that happens, conversations quickly become more complicated. That’s where we’ll need patience, and a heaping amount of good faith engagement, in the months ahead.

Dairy is a complex industry. Sometimes farmer and processor interests diverge; at other times, through a cooperative, the farmer and the processor is the same person. Industry structures vary widely by region. A strength of the marketing-order system – and a compelling reason to keep it robust – is that it’s decentralized, with different regions customizing their orders to meet their unique needs.

But that local strength inevitably complicates a national effort. That’s why it will be incredibly important to avoid zero-sum thinking throughout this process – the moment one party sees someone else’s gain as guaranteeing their loss, consensus becomes impossible. There are many ways to create win-wins that benefit all farmers or find solutions that balance any tradeoffs by bringing benefits in various ways.  This is Compromise 101 – it’s basic, but also very difficult. It’s also central to succeeding in national marketing-order hearings. Without it, everyone could save time and turmoil by avoiding tough talks altogether.

And that brings up a second point. FMMO discussions need to focus on seeking solutions rather than on posturing for undefined “change” that doesn’t materialize when it’s time to make complex decisions.

In the past year, a few industry observers have talked up the need for “reform” or “simplifying” federal orders without offering specifics of what that may mean. If the net effect of federal order reform is to lower prices, that’s hardly the kind of change we’re interested in advancing. Individual initiatives certainly have their place – you can’t craft the best policies if ideas aren’t proposed in the first place. But proposals that merely benefit the proposers, without careful consideration of broader implications, won’t translate well when offered across the full range of dairy farmers. And calls for change are quickly reduced to grandstanding if specifics don’t materialize in a reasonable amount of time.

This is where NMPF and its members become indispensable to any solution that works for dairy farmers.

As the one dairy organization that truly represents dairy’s full diversity – farmers of all sizes, all regions, and all marketing orders – we are bringing the broadest array of serious voices to the table to craft the nationwide consensus needed to make pricing improvements a reality. Our goal is a presentable plan to modernize the FMMO system. When that occurs, it won’t be loved in all ways, by all producers. But we can guarantee it will bring progress, with tangible gains for dairy farmers, and be a plan that advances the needs and interests of the dairy community.

It’s a big job, but together we can do it. We’ve been through a lot together, and we’ve learned a lot. It’s time to take these lessons and build a better future for dairy, with the consensus that always brings out our best.

USDEC and NMPF Praise White House Announcement on Ocean Shipping Enforcement

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) commend President Biden for outlining a new initiative to assign Department of Justice (DOJ) attorneys and litigators to the Federal Maritime Commission (FMC) to jointly improve enforcement of the Shipping Act. The initiative also directs the DOJ to pursue further actions to increase competition in the ocean shipping industry.

NMPF and USDEC strongly endorsed these efforts as a means of promoting increased competition and better services for American dairy exporters from the ocean freight transportation system. Disruptions in the export supply chain have cost U.S. dairy shippers over $1.5 billion in 2021 due to reduced value, higher direct costs, and lost export sales.

“We are grateful to President Biden and his administration for bringing the Department of Justice and the Federal Maritime Commission together in a partnership to better enforce the Shipping Act and promote competition in the ocean carrier market,” said Krysta Harden, president and CEO of USDEC. “Laws that protect shippers are only as good as their enforcement. We urge the DOJ and the FMC to move swiftly in pursuit of steps that will help deter unreasonable ocean shipping practices that harm U.S. dairy exporters.”

“Throughout 2020 and 2021, American dairy producers and cooperatives have faced unprecedented challenges in moving dairy exports from plants to ships due in key part to the actions of the ocean carrier industry,” said Jim Mulhern, president and CEO of NMPF. “The last year has clearly shown that changes are needed to tackle the unreasonable power shipping vessel owners have over America’s agricultural exporters working hard to get their goods to foreign markets. U.S. dairy exporters have been forced to endure unfair practices, including last minute changes, increased costs, and other unwarranted charges and penalties. Effective enforcement of the Shipping Act is long overdue particularly as ocean carriers enjoy record profits.”

The White House also called on Congress to address the present antitrust immunity for the predominantly foreign-owned ocean shipping alliances. On Monday evening the House moved quickly to advance reforms in this area by introducing the Ocean Shipping Antitrust Enforcement Act (H.R. 6864), which would repeal certain antitrust exemptions for ocean common carriers. Introduced by Rep. Jim Costa (D-CA), Adrian Smith (R-NE), John Garamendi, (D-CA), and Dusty Johnson (R-SD). NMPF and USDEC expressed support for the legislation and urged further action by Congress to advance it.

U.S. Dairy Statements on USTR 2022 Trade Policy Agenda

In response to the U.S. Trade Representative’s release of the 2022 Trade Policy Agenda today, USDEC and NMPF released the following statements.


Jim Mulhern, National Milk Producers Federation president & CEO:

U.S. trade policy is a three-legged stool. USTR’s 2022 Trade Policy Agenda prioritizes two important legs: enforceable commitments from our trading partners and forward-leaning trade strategies to uproot barriers to U.S. products. Yet comprehensive trade agreements – the most powerful weapon in our trade arsenal – remain missing from this forecast. We are thankful for the exceptional dedication of USTR in representing American interests and look forward to partnering with them on the areas outlined in today’s Trade Policy Agenda including the continued focus on ensuring Canada abides by its U.S.-Mexico-Canada Agreement commitments. To most effectively fight for American dairy farmers, manufacturers and workers, however, we must build on those efforts by using the full suite of trade policy tools to tackle market access barriers to American-made products.


Krysta Harden, U.S. Dairy Export Council president & CEO:

Last year dairy exports reached a record $7.75 billion – sales that support dairy farming and manufacturing jobs all across America. We thank the Administration for its efforts to help U.S. agriculture. Yet to remain competitive as other countries pull ahead with trade agreements, we cannot forget the pursuit of them ourselves. Comprehensive free trade agreements are a cornerstone of trade policy for U.S. exporters and must not be left on the cutting room floor in 2022. Today, milk from one in six trucks leaving American dairy farms ends up in products and ingredients sold overseas – largely as a result of such free trade agreements. We look forward to working closely with the Administration on the outlined Trade Policy Agenda and believe additional trade negotiations would strengthen it further.

NMPF’s Bjerga on How DMC Fights Inflation

 

NMPF Senior Vice President of Communications Alan Bjerga explains how the Dairy Margin Coverage Program helps protect farmers against rising feed-cost inflation by factoring in higher expenses even as milk prices reach records. Bjerga also talks about the potential market effects of Russia’s invasion of Ukraine and spells his last name for listeners in an interview with WEKZ radio, Janesville, Wisconsin.