Regulatory Register - Spring 2022

In this issue NMPF Submits Comments to School Lunch and Breakfast Program, Page 2 EPA Considering Two Major PFAS Regulations, Page 4 NMPF Asks EPA to Defer WOTUS Rewrite, Page 5

REGULATORY REGISTER Volume 24, Issue 2 Spring 2022

NUTRITION

White House Announces Conference on Hunger, Nutrition and Health The White House is convening it first Conference on Hunger, Nutrition and Health in more than 50 years this September. In preparation, the Biden Administration plans to host virtual regional listening sessions and will create a portal for comments to be submitted to influence the strategy released at the conference.

The National Milk Producers Federation (NMPF) President and CEO Jim Mulhern said in response to the conference announcement May 4 that “NMPF looks forward to advancing the conference goals of ending hunger, increasing healthy eating and physical activity, and decreasing the prevalence of diet-related

diseases across our nation. Dairy products — and the 13 essential nutrients they provide — are a key ingredient in this effort.

“The Dietary Guidelines for Americans shows that dietary patterns including dairy are associated with beneficial health outcomes, including lowered risk for cardiovascular disease, obesity and type 2 diabetes.

The dietary guidelines also identify dairy products as a critical source of calcium, potassium and vitamin D, three of the four nutrients of public health concern, and note that dairy is under-consumed across all age categories.”

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NMPF Submits Comments to School Lunch and Breakfast Program NMPF submitted joint comments March 24 with the International Dairy Foods Association (IDFA) to the USDA Food and Nutrition Service, urging the agency to improve nutrition food security by updating school meal nutrition standards to encourage increased consumption of dairy. Doing so would be in keeping with recommendations made in the 2020-2025 Dietary Guidelines for Americans (DGA) report and by leading health organizations.

USDA announced transitional school meal nutrition standards for the next two school years that will allow schools to continue to serve low-fat flavored milk consistent with dietary guidelines recommendations while pausing overly stringent sodium reduction targets that threaten the ability of school meals professionals to serve nutrient-rich cheeses. USDA intends to craft more permanent standards for school

year 2024/2025 to pave the way for healthy and nutritious school meals.

Highlighted in the comments are the nutritional benefits that the low-fat flavored milk provides students- the same 13 essential nutrients which unflavored offers. NMPF and IDFA also point out that the DGAs say modest amounts added sugars can be added to nutrient-dense foods – including low-fat or fat-free milk – to help meet food group recommendations.

The comments also emphasize the need to work with industry before implementing further sodium reduction targets, the importance of lactose-free and reduced-lactose options for schools and dairy products at a variety of fat levels.

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NMPF, IDFA Encourage NYC Mayor to Maintain Milk Options NMPF and IDFA supported and responded to a bipartisan letter on March 8 from Rep. Antonio Delgado and Members of Congress from New York encouraging New York City Mayor Eric Adams not to eliminate flavored milk from New York City school meals.

“We thank Congressman Delgado for leading this strong message to the Mayor of New York, and we thank all New York lawmakers who are stepping up to protect the flavored milk option and the key role it plays in ensuring students have access to highly nutritious options they will choose to consume.”

In the letter, the lawmakers implore Mayor Adams not to eliminate flavored milk from the New York City school meals program. The letter states: “As Members representing both rural and urban communities, we are committed to supporting the dairy farmers, producers, and agriculture partners across New York, while also ensuring that children in NYC schools have access to critical, life-enhancing nutrients.

Unfortunately, for many NYC families, the meals children receive in schools are their only source of many recommended nutrients.”

Michael Dykes, D.V.M., president and CEO of IDFA, added, “Rather than try to limit school milk options for kids, Mayor Adams and other policymakers should follow the lead of parents, physicians and dietitians, and school meals professionals who widely support making milk central to school meals. Studies have shown that school meals are by far the healthiest meals of the day for children thanks, in part, to nutritious milk and dairy options. Offering low-fat flavored milk increases school meal participation, leads to children consuming more nutrients of public health concern, and reduces food waste. Maintaining low-fat flavored milk options in school plays an important role in the diet and nutrition of children because milk contains 13 essential nutrients that children need for growth, development, healthy immune function, and overall wellness.”

Jim Mulhern, president and CEO of NMPF, said in response:

“Dairy farmers across the country have long worked to provide children with nutritious food vital to their health and development.

Kids need access to milk for that benefit to be realized. Low-fat flavored milk is fully consistent with the federal government’s Dietary Guidelines for Americans, and it provides students one of the most complete nutrient packages around.

A recent national tracking poll conducted by Morning Consult commissioned by IDFA found that 8 in 10 New York City and U.S. voters support offering low-fat flavored milk in school meals. Support among parents with children in public school is markedly higher, with 90% of New York City parents and 85% of parents nationally sharing the same belief.

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ENVIRONMENT EPA Considering Two Major PFAS Regulations A proposed rule limiting per- and polyfluoroalkyl substances (PFAS) chemicals in drinking water may be issued at any time since the Environmental Protection Agency (EPA) sent a plan Jan. 10 to the Office of Management and Budget (OMB) for review. NMPF and numerous others are ready to push back when – and if – the proposal sees daylight.

available. A drinking water limit set by the EPA could influence FDA in developing an action level for food.

Action levels are the maximum amount of a substance that is allowed in a food in order for it to still be marketable. To date FDA has dismissed the notion on action levels and stated they will make determinations whether a food is marketable on a case-case basis.

EPA has been under enormous pressure for years to develop a regulatory limit for PFAS chemicals in drinking water and to add two of the chemicals to EPA’s Superfund regulation. NMPF has been vocal with EPA on both issues.

More concerning for NMPF is EPA’s effort to add PFOA and PFOS to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) list of hazardous chemicals, which would essentially be an addition to the Superfund list. NMPF has repeatedly cautioned EPA against using Superfund to deal with PFAS contamination, as it is a very harsh, complicated regulation that ultimately bankrupts most of those that get caught in its web.

EPA currently has no regulatory limit on the amount of PFAS allowed in drinking water, nor an indication as to what PFAS chemicals would be included in any regulatory limit. EPA does have a human health advisory limit on two PFAS chemicals, PFOA and PFOS, of 70 parts-per-trillion. However, there are no consequences for being over the advisory limit.

EPA has promised to develop an actionable standard for drinking water; the process has been slow at best but will likely occur this year. Some states have already set limits, with other states expected to should the federal government fail to act. NMPF has repeatedly urged both EPA and FDA to be cautious in setting limits and to only do so using the best science

NMPF’s Environmental Committee extensively addressed the topic at its March meeting, during which EPA Agricultural Advisor, Rod Snyder, and team listened to concerns. With already a handful of dairy farms identified as having PFAS contamination and the U.S. military notifying over two thousand other agriculture operations that they may have been contaminated, significant impacts to dairy and other agriculture operations would result from PFOS and PFOA’s additions to the CERCLA list.

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EPA CURRENTLY HAS NO REGULATORY LIMIT ON THE AMOUNT OF PFAS ALLOWED IN DRINKING WATER

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NMPF Asks EPA to Defer WOTUS Rewrite NMPF filed comments Feb. 7 on the proposed definition of Waters of the U.S. (WOTUS) under the Clean Water Act, urging 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 that 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 remanded back to EPA by court order 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.

USDA Announces Partnerships for Climate-Smart Commodities 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 was 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 is 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.

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FARM PROGRAM FARM Presents Survey Results at Town Hall FARM Program stakeholders identified care for sick animals, calves, and non-ambulatory cattle as dairy’s greatest priority to maintain focus on for Version 5 of FARM’s Animal Care Program as determined by an industry wide survey distributed through the fall with results presented at a virtual town hall Dec. 14.

60% of survey respondents supported implementing specific timeframes for improving aspects of their facilities, such as all age classes of animals being able to easily stand up, lie down, adopt normal resting postures and have visual contact with other cattle without risk of injury.

The survey was intended to collect feedback from farmers, veterinarians, cooperatives, processors, and others within the dairy supply chain as planning commences for Version 5 of FARM Animal Care, which will launch July 1, 2024. The survey questions were developed following a series of focus groups hosted last August by the FARM Program. FARM received 682 complete responses; staff were able to identify potential refinement opportunities for the next program cycle in addition to the top animal care priorities from stakeholders.

The survey also showed general support for making minor modifications and adding clarity to the FARM Animal Care Program while avoiding large overhauls.

Most survey respondents, including farmers, showed they would willingly support small changes to better address animal care vulnerabilities. Respondents also were in consensus that standards that aren’t direct measures of good animal welfare practices should be updated to prioritize an outcomes-based approach.

For more information, visit the Version 5 development page.

FARM Workforce Development Updates Resources The FARM Workforce Development Program, which encourages best practices in Human Resources and safety on U.S. dairy farms, updated its Safety Reference Manual in December to include chapters on ergonomics and noise and hearing protection. A digital version of these chapters is currently available in English, and a Spanish version will be available soon. The chapters include information and checklists anticipating and recognizing the hazards for both safety considerations.

Understanding that HR and safety management look different on every farm, the FARM Workforce Development Program provides resources to support dairy farmers’ continuous improvement. The addition of the two new issue areas meets the growing demand from dairy farmers and managers seeking straightforward, relevant information on workplace safety and health. Dairy producers are encouraged to reference the manual as a resource for a safety management program.

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