NMPF Helps Break Regulatory Logjams

  • Amplified whole milk’s importance in student meals
  • Stood against unrealistic EPA regulations
  • Shepherded change at the 39th NCIMS
  • Fostered H5N1 and New World Screwworm collaboration.

The Regulatory Affairs team has made significant headway this year on longstanding key issues as Washington policymakers take a fresh look at topics that have languished in some cases for decades.

Whole milk is poised to return to school menus after nearly a decade of NMPF effort.

The Whole Milk for Healthy Kids Act, sponsored by Reps. GT Thompson, R-PA, and Kim Schrier, D-WA, and Sens. Roger Marshall, R-KS, and Peter Welch, D-VT, has been a top NMPF priority for more than half a decade. Thanks to NMPF’s constant amplification of the latest nutrition science and the benefits of whole milk, the legislation has come farther this year than ever before, passing the Senate Committee on Agriculture, Nutrition and Forestry via voice vote. With multiple avenues available for full congressional approval this year, NMPF continues its advocacy for the legislation, which will return to schools the authority to offer whole and 2% milk in federally funded school meals.

In a win for agriculture, the U.S. District Court for the District of Columbia on Aug. 7 upheld a 2019 U.S. Environmental Protection Agency rule that exempted air emissions from animal waste at farms from select reporting requirements subject to the Emergency Planning and Community Right-to-Know Act of 1986, or EPCRA. EPCRA reporting requirements are tied closely to the reporting requirements for the Comprehensive Environmental Response, Compensation and Liability Act of 1980, or CERCLA, which is commonly known as the Superfund statute. Both CERCLA and EPCRA include reporting requirements for releases of hazardous substances to the environment that NMPF has successfully contested for years.

For the second time on the same rule, NMPF filed comments July 11 to the Department of Health and Human Services opposing FDA’s proposed Front-of-Pack labeling rule as well as two proposed plant-based labeling guidance documents. These comments responded to a request for information as part of HHS’ deregulatory initiative begun by a Trump Administration executive order, and echo comments NMPF submitted directly to FDA in January about the proposed rules and guidance.

In its comments to HHS, NMPF states that FDA’s Front-of-Pack nutrition labeling scheme is a highly flawed, unlawful approach to educating consumers about food nutritional profiles. Because the front-of-pack label would only list saturated fat, sodium and added sugar, consumers will get an incomplete picture of that food’s nutritional profile. In its separate comments to HHS on plant-based guidance, NMPF pointed to ample evidence that mislabeling has led to confusion among consumers regarding the nutritional deficiencies of plant-based alternatives and that there are negative human health consequences as result of that confusion. NMPF helped deliver favorable outcomes for nine proposals it submitted on behalf of its members, including a standard for bulk-tank cleaning that’s better aligned with milk-truck standards, at the 39th National Conference on Interstate Milk Shipments, which met April 11-16 in Minneapolis. The conference tackled important issues facing FDA’s National Grade “A” Milk Program, the Grade “A” Milk Pasteurized Milk Ordinance (PMO) and related documents.

Support for eliminating H5N1 in dairy herds and rapidly developing an approved H5N1 vaccine for dairy cattle has continued this year. NMPF created an H5N1 Vaccine Working Group to help inform about potential H5N1 vaccination strategies for dairy cattle which may include target populations, vaccination protocols, surveillance frameworks, and communication needs for stakeholders. NMPF has also worked closely with USDA and FDA to monitor and prepare for a potential New World Screwworm infestation. A fact sheet for farmers to know what to look for in their herds and what to do if they suspect a case of NWS on their farm is available online, and NMPF will update members as new information emerges.

NMPF’s Jonker, Hain See Bird Flu Lessons One Year Later

Dairy farmers have boosted biosecurity and researchers have learned much about the H5N1 bird flu virus in dairy cattle one year after its introduction, top NMPF experts said in a Dairy Defined podcast. Still, the hope is that the virus may leave the dairy herd completely. 

“We’re still learning things about the virus and how it’s being transmitted from farm to farm, and we still need some answers on that, but hang in there, we’re going to get through this,” said Dr. Jamie Jonker, NMPF’s chief science officer. “I do believe we’re going to eliminate the virus from the U.S. dairy cattle population. I think it’s just a matter of when, not if.” 

Since the H5N1 Avian Influenza virus was first reported in cattle in March 2024, more than 1,000 dairy herds have been infected, Jonker said. Still, successful eradication has taken place in some areas, and the lack of evolution of the viruses within cattle has created hope. Dr. Meggan Hain, NMPF’s chief veterinary officer, said biosecurity practices are key to containment and elimination. The National Dairy FARM (Farmers Assuring Responsible Management) Program offers a wealth of materials that can assist, she said.  

Bird flu has “given us a chance to really learn some of the lessons of, where do we have opportunities, where are there things that we’ll want to sort of dig into so that we’re better prepared in the future if we do get challenges,” she said. “I think there’s a lot of things we can take away from this that we can really make improvements on.” 

To learn more about biosecurity responses in dairy, visit the FARM Program website at nationaldairyfarm.com. For more of the Dairy Defined podcast, visit Apple Podcasts, Spotify, or Amazon Music and search under the podcast name “Dairy Defined”. 


H5N1 Response Evolves with FDA, USDA Studies

NMPF staff is providing key input into federal mitigation efforts and leading dairy-farmer response as the H5N1 situation evolves. NMPF has participated in federal-led planning groups that have been meeting daily for months, and the NCIMS Executive Board is heavily engaged with those planning groups, as well. 

FDA is in the final week of its milk silo testing study, which began Oct. 28. Through the six-week study, FDA has collected samples from raw milk storage silos at dairy processing facilities in participating states. This voluntary, double-blinded study is designed for data-gathering purposes only, with no way to trace back to individual farms. In the first three weeks of FDA’s study, only one sample tested positive for H5N1.  

USDA hopes to begin its monitoring effort after FDA’s study concludes. The USDA monitoring effort is different from FDA’s and will be ongoing. Under USDA’s  monitoring effort, samples will be taken from each raw milk silo at processing locations on a periodic basis. When a silo is determined to be positive, state animal health officials will be notified who will in turn assist farms associated with the positive sample.  

Several states have implemented their own programs with mandatory bulk testing of milk to reduce the spread of H5N1, including California, Colorado, Michigan, Oklahoma, and Pennsylvania. These individual state testing programs are separate from the testing conducted by FDA and the upcoming USDA testing program. 

The Pennsylvania Department of Agriculture announced Nov. 20 that it would begin mandatory testing of milk from Pennsylvania dairy farms. Though no cases of H5N1 have been detected in Pennsylvania cattle, the commonwealth is implementing this program to help with early detection.  

Any cooperative or milk processor marketing milk from a Pennsylvania dairy farm must collect samples of raw milk taken from each compartment of each milk tanker from every pickup route once every 14 days to ensure that all farms supplying milk to those plants are covered. Samples must be taken by trained, certified personnel and submitted to a Pennsylvania Animal Diagnostic Laboratory System lab within 48 hours of collection. All testing will be handled with no out-of-pocket cost to the farmer, milk processor, or hauler. If milk from a tanker truck tests positive for H5N1, the Pennsylvania Department of Agriculture will work with the processor to determine which farms supplied milk to that tanker. From there, the Bureau of Animal Health will take samples from individual farms to determine the source and work with those farmers on biosecurity measures to prevent further spread. More about the PA program can be found here. 

Dairy Resilient in the Face of Natural Disasters, H5N1

Dairy farmers are remaining resilient as they manage their way through H5N1 in dairy cattle and respond to natural disasters that have devastated farms, NMPF Chairman Randy Mooney said in remarks at the organization’s annual meeting.

“Farming is hard. I said that. We all know that. But when you get hit with weather events like hurricanes, tornadoes, floods, droughts, the list goes on and on, unexpected costs, that makes it even harder,” Mooney said in his remarks Oct. 22. “You get hit with things like bird flu that a year ago we didn’t even know was a problem,” he continued. “And if you’ve been hit by one of these either weather event or something really unexpected, my heart goes out to you. These things are difficult. It puts strains on farms, put strains on families, put strains on financials.”

“Everything we do, the future is going to take a level of cooperation and coordination from all of us. And we’ve had that, but it’s going to take more than we’ve ever had,” said Mooney, a Dairy Farmers of America member-owner who farms near Rogersville, MO. “I continue to be inspired by all of you and the work that you’re doing. Amid great change and preparation for the future, we are still part of the greatest industry that there is.

Mooney also talks about the 2024 Farm Bill, efforts to modernize milk pricing, labor shortages and dairy’ need to promote exports. For more of the Dairy Defined podcast, you can find and subscribe to the podcast on Apple Podcasts, Spotify and Amazon Music under the podcast name “Dairy Defined.”

Media outlets may use clips from the podcast on the condition of attribution to the National Milk Producers Federation.


NMPF’s Bjerga on H5N1, Farm Bill

NMPF Executive Vice President for Communications & Industry Relations Alan Bjerga speaks on RFD-TV about dairy farmer challenges and their broader relationship with agriculture, ranging from H5N1 in dairy cattle to discussions of the 2024 Farm Bill in Washington. Success across all fronts will require communication and collaboration across agricultural sectors, he said. Meanwhile, NMPF is optimistic regarding the future of milk pricing, with a USDA plan on Federal Milk Marketing Order modernization expected within the next few weeks.

https://www.rfdtv.com/from-farm-bill-to-hpai-what-is-dairy-farmer-sentiment-looking-like