Regulatory Register - Fall 2024

REGULATORY REGISTER Fall 2024

Nutrition NMPF, Members Advocate for Dairy on Dietary Guidelines for Americans Dairy farmers and their advocates are calling for dairy to maintain its position in the next iteration of the Dietary Guidelines for Americans via an NMPF call to action as the guidelines’ Advisory Committee prepares its scientific report and recommendations this fall.

NMPF’s advocacy campaign, launched in September, created an opportunity for members to have their voices heard by the committee. During the sixth meeting of the committee, there were encouraging signs for dairy, as members acknowledged that the majority of Americans don’t meet the recommended number of servings of dairy and noted dairy’s nutrient package. This indicates that the countless comments submitted by NMPF and its members had their intended effect. Still, nothing is final until USDA and the Department of Health and Human Services release the final 2025-2030 Dietary Guidelines for Americans.

The guidelines affect government policies in numerous ways, such as guiding which types of milk can be served in school meal programs and setting parameters for how nutrition programs are implemented and developed.

After the committee’s scientific report is submitted to USDA and HHS, an additional public comment period will open for feedback on the committee’s recommendations before USDA and HHS begin drafting the guidelines.

FDA Increases Sodium Efforts The Food and Drug Administration issued a draft guidance on Aug. 15 that revises the voluntary sodium reduction goals issued in 2021 as part of a campaign to reduce dietrelated diseases associated with high levels of sodium. FDA also released a preliminary assessment of progress on sodium reduction in the U.S. food supply which notes that 40% of food categories had already achieved the Phase I sodium targets or were within 10% of meeting the targets.

The draft guidance contains three-year sodium reduction targets for 163 food categories, including dairy foods, namely some cheeses, butter, and salad dressings. NMPF joined a group letter requesting a 90-day extension to the comment period for the proposed reductions to better understand member concerns. In conversations with FDA, NMPF has repeatedly raised the importance of sodium to the cheesemaking process to keep the product safe and prevent microbial growth.

Food Safety Comments Support Proposed Cottage Cheese Exemption in Food Traceability Records NMPF submitted comments to the Food and Drug Administration’s Center for Food Safety and Applied Nutrition on Sept. 14 supporting the proposed exemption for Grade “A” cottage cheese from additional traceability records requirements.

This exemption from the additional traceability records will reduce the record-keeping burden on Grade “A” cottage cheese manufacturers who are already meeting the highest standards set by the Grade “A” Pasteurized Milk Ordinance and regulated by the National Conference on Interstate Milk Shipments.

The PMO includes requirements specific to cottage cheese to work to decrease any risk of post-pasteurization contamination, NMPF states in the comments.

“Through the additional regulatory oversight that comes from being regulated under the PMO, which includes inspections every 3 months, there is no need for the extra steps the traceability rule would impose,” NMPF said.

NMPF agrees with FDA’s proposal and thanks the agency for following through with the proposal which identified Grade “A” cottage cheese as suitable for being exempted from the requirements of the Traceability Rule.

Animal Health Jonker Represents Dairy Globally NMPF Chief Science Officer Dr. Jamie Jonker spotlighted dairy’s global leadership in combating antimicrobial resistance at the United Nation General Assembly High Level Meeting on Antimicrobial Resistance held Sept.

26.

As chair of the International Dairy Federation’s Science Program Coordinating Committee, Jonker represented dairy globally at the UN meeting in New York. IDF released in conjunction with the meeting its 2024 special edition of the IDF Animal Health Report, featuring a dedicated focus on antimicrobial resistance.

THIS EDITION OF THE IDF ANIMAL HEALTH REPORT FOCUSES ON CASE STUDIES, RESEARCH AND ACTIONS THAT DAIRY FARMERS AND OTHER RELEVANT ACTORS AROUND THE WORLD

“The articles contain actionable information for the global dairy sector to accelerate progress on AMR control,” Jonker said in an IDF release announcing the publications.

ARE TAKING TO ADDRESS

The September UN in New York meeting built on a 2016 pronouncement about antimicrobial resistance and had followed up with a second political declaration to focus on tangible commitments for outcomes by 2030, including antimicrobial use in livestock.

CONTAIN ACTIONABLE

NMPF has been advocating for the U.S. government partners to make political declaration commitments that reflect the important role of antimicrobials for animal health, welfare, and food safety outcomes.

Jonker has served as a member of the Global Leaders Group since February 2023.

AMR WITHIN A ONE HEALTH FRAMEWORK. THE ARTICLES INFORMATION FOR THE GLOBAL DAIRY SECTOR TO ACCELERATE PROGRESS ON AMR CONTROL.

NMPF Hosts Dairy H5N1 Technical Committee Workshop NMPF assembled a technical committee made up of key stakeholders including dairy producers, veterinarians, and state and federal partners on Sept. 4-5 in Arlington, VA, to discuss the biggest hurdles and opportunities for the industry since H5N1 was found in dairy cows.

The workshop was funded in part through a USDA grant to bring together stakeholders for H5N1 discussions and recommendations.

As the H5N1 outbreak in dairy cattle continues to evolve, new challenges have emerged and the actions to date need to be evaluated and refined based on new information. This requires a coordinated approach to address animal health, public health, food safety and environmental concerns. NMPF has been a strong leader throughout this outbreak crisis and is uniquely positioned to bring stakeholders together.

Participants—including state veterinarians, dairy producers, researchers, state public health officials, laboratory experts from the National Animal Health Laboratory Network, and representatives from the Food and Drug Administration, USDA National Preparedness and Incident Coordination, USDA National Veterinary Services Laboratories, USDA Animal and Plant Health Inspection Service—shared their unique perspectives and challenges.

The meeting included presentations on herdlevel surveillance, diagnostics for surveillance, and the latest research on transmission. Dr. Mark Lyons, director of the USDA Ruminant Health Center, and Dr. Danelle Bickett-Weddle, owner of Preventalytics and the workshop facilitator, presented on current and future herd level surveillance. This presentation led to a group discussion and breakout sessions on surveillance goals and what it means to achieve disease elimination.

Participants also discussed research needs for disease transmission following a presentation from Dr. Lindsey Holstrom from USDA NPIC, and opportunities for testing following presentations on diagnostics from Dr. Suelee Robbe Austerman of USDA NVSL, Dr. Drew Magstadt of Iowa State University, Dr. Jason Lombard of Colorado State University, and Dr. Keith Paulson of the University of Wisconsin.

Finally, participants explored the communications needs for various audiences as the industry continues to navigate this disease.

The discussions from the September workshop, as well as earlier meetings and surveys of the technical working group, will be used to inform a series of reports outlining recommendations for the industry.

Sustainability & the Environment NMPF Joins Broad Coalition Urging EPA to Extend Public Comment Period for Draft Insecticide Strategy NMPF, along with other organizations representing farmers, retailers, manufacturers, co-ops, academics, and state regulators, submitted a letter Aug. 9 urging EPA to extend the public comment period for the Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of Conventional Agricultural Insecticides.

“Insecticides are vital to the continued productivity and sustainability of our activities, which we use to protect our nation’s food, fuel, and fiber supplies,” the letter notes. Because of the significance of EPA’s proposal, NMPF and the other named organizations requested that the agency extend the public comment period from 60 to 90 days, to allow all interested parties enough time to review the complex proposal.

The letter highlights that EPA will receive more diverse and more meaningful feedback in the comments if an adequate amount of time is provided.

International

Landmark U.S.-Chile Common Names Agreement Bears NMPF Stamp The Chilean government approved an agreement with the United States on Sept. 3 safeguarding U.S. cheese producers’ ability to use various common food names – such as “parmesan” – to sell and market their cheeses in the Chilean market. The agreement followed extensive engagement led by NMPF, the U.S. Dairy Export Council, and the Consortium for Common Food Names.

NMPF’s escalated efforts to secure a resolution were spurred by last December’s signing of the EU-Chile trade agreement, which contained provisions enabling discrimination against U.S. products, under the pretense of protecting European geographical indications. NMPF, USDEC and CCFN worked closely with U.S. and Chilean government officials in response to find a workable solution that would protect most U.S. cheeses, including parmesan.

This engagement helped lead to an exchange of letters between U.S. Trade Representative Katherine Tai and Chile’s Undersecretary of International Economic Relations Claudia Sanhueza on June 21, which confirmed that U.S. exporters would not face restrictions around the use of 29 cheese and meat terms that had been threatened.

The two governments also agreed to an expanded interpretation of grandfathering provisions in the EU-Chile FTA, which permits the continued use of parmesan by all U.S. exporters due to prior use of the term in Chile by at least one U.S. firm. That exchange of letters was then approved by Chile’s Congress in early September. The agreement will enter into force on Dec. 2.

NMPF Fights Colombian Investigation into U.S. Milk Powder Exports NMPF and the U.S. Dairy Export Council called on the U.S. government to respond forcefully to the Colombian government’s Sept. 16 provisional decision to impose an additional 4.86% tariff on milk powder imports from the United States as part of its politically motivated Subsidies and Countervailing Measures investigation. The decision alleges without any credible evidence that the United States has unduly subsidized milk powder exports, damaging Colombian dairy producers.

NMPF has consistently pressed that these allegations are entirely without merit for several reasons, including that: • The benefits of the alleged subsidies to U.S. dairy producers identified by the Colombian Investigative Authority are calculated incorrectly. In multiple cases benefits were assigned from programs that were no longer in force by 2023 or assigned in a manner contrary to WTO rules.

• The methodologies for both the transfer of the alleged subsidies to U.S. milk powder producers and the conversion factors from fluid milk to milk powder as proposed by the Investigative Authority were incorrect.

• Due to different physical characteristics and end uses, Colombia fails to demonstrate that milk powder imports originating in the United States are comparable to fluid milk produced in Colombia, a key similarity element required in countervailing duty cases.

• There is no evidence that the domestic Colombian industry has suffered injury as a result of imports of milk powder originating in the United States.

NMPF and USDEC have urged the U.S. government to lend its voice and act on behalf

of the U.S. dairy industry. In a joint letter sent Aug. 9 to USDA Secretary Tom Vilsack and USTR Katherine Tai, NMPF and USDEC asked the secretaries to be prepared to act promptly against unwanted tariffs. NMPF also supported an Aug. 9 letter from the bipartisan House Agricultural Trade Caucus to Colombian Ambassador to the United States, which encouraged a mutually beneficial conclusion to this investigation.

As the case moves forward in the coming months, Colombia will consider whether to increase, decrease or eliminate the tariffs.

NMPF and USDEC participated in a hearing Oct. 3 and will continue to participate in the subsidies and countervailing duty investigation and engage political allies as needed.

Please contact Jaime Castaneda at jcastaneda@nmpf.org with any questions on this investigation.

National Milk Producers Federation 2107 Wilson Blvd., Suite 600 Arlington, VA 22201 703-243-6111 info@nmpf.org nmpf.org