Spring 2025 Regulatory Register

REGULATORY REGISTER Spring 2025

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Labeling & Standards NMPF Flags Unconstitutional Regulations in FDA Comment Period

California Court Strikes Down Prop.

65 Acrylamide Label Warning

The U.S. Department of Health and Human Services (HHS) and the U.S. Food and Drug Administration (FDA) announced May 13 the launch of a public request for information to identify and eliminate outdated or unnecessary regulations. The initiative is part of the administration’s broader deregulatory strategy announced Jan. 31 in an Executive Order.

A federal judge in Sacramento, CA ruled May 2 that a state requirement for companies to place a warning label on foods containing acrylamide is unconstitutional.

Under the directive, HHS Secretary Robert F. Kennedy, Jr. has committed to a “10-to-1” deregulatory policy: for every new regulation proposed, at least ten existing regulatory actions will be rescinded. HHS and FDA will also put all new regulations under a “cost cap”, meaning the total cost of all new regulations in fiscal year 2025 “must be significantly less than zero”. The order applies to formal regulations, guidance documents, memoranda, policy statements, and similar directives.

NMPF plans to use the 60-day public comment period to reiterate its stance on some of FDA’s problematic regulations and guidance.

Prop 65 is a California right-to-know law that requires companies doing business in California to provide a clear and reasonable warning prior to causing an exposure to a chemical known to the state of California to cause cancer, birth defects, or other reproductive harm. Acrylamide was added to the list of Prop 65 chemicals in 1990, but studies on the chemical have had varied results.

The court found that Prop 65 warnings for dietary acrylamide are misleading and controversial because they state that dietary acrylamide is carcinogenic to humans, despite vigorous scientific debate concerning that conclusion. The lack of scientific consensus means California does not “know” that dietary acrylamide causes cancer or other harm. The court found that requiring this misleading claim on labels is tantamount to inappropriate compelled commercial speech, a violation of the First Amendment.

This case mirrors the argument NMPF has repeatedly made about FDA’s Front-of-Pack labeling: forcing a small snapshot of just three nutrition facts (saturated fat, sodium, sugar) is misleading to consumers and ultimately is unlawful compelled commercial speech. This new precedent in California supports NMPF’s claim and is another step forward in the fight against misleading consumers about their food.

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Food Safety FDA Reaffirms Milk Safety, Supported

by NMPF NMPF reacted to consumer concern over lateApril reports of FDA’s temporary suspension of its milk quality proficiency testing program by working with FDA to release an agency statement clarifying what the proficiency testing program is.

“The milk proficiency testing program is a periodic review of the testing capacities of laboratories in FDA’s network, and is not used to directly test milk or other dairy products,” an FDA spokesperson said, referring to its Grade “A” milk proficiency testing (PT) program in a statement shared with NMPF. “The temporary suspension to the Proficiency Testing program does not impact routine testing of milk destined for pasteurization, or milk and dairy testing in illness investigations. The FDA continues to have confidence in the safety of the commercial, pasteurized milk supply.”

The program is a minor step in the multifaceted process of ensuring milk safety; however, amplification of its importance on social media created a potential threat to milk’s reputation, prompting both work with FDA as well as NMPF’s own statement reaffirming milk’s safety and the many quality and safety checks conducted on every batch of milk as it moves from farms to retail stores across the country.

“The U.S. milk supply is safe,” NMPF said in its own statement April 25. “All routine quality and safety checks on farms, during milk transport, and at processing plants are being conducted as they always have been, in coordination with both state and federal partners.

“NMPF has full confidence in the state, federal, and industry partnerships that work together to implement the Pasteurized Milk Ordinance, which has kept the U.S. milk supply safe for more than 100 years.”

This public reminder of the steps involved in ensuring safe, quality milk comes right on the heels of the 39th National Conference of Interstate Milk Shipments, a collaborative effort between industry, states and federal partners to update and implement the Pasteurized Milk Ordinance. NMPF is working on additional milk safety resources to share throughout the year.

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NMPF Shepherds Change at 39th NCIMS 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 1116 in Minneapolis, MN. The conference deliberated on numerous important issues facing FDA’s National Grade “A” Milk Program, the Grade “A” Milk Pasteurized Milk Ordinance (PMO) and related documents.

Delegates representing 49 states and Puerto Rico attended the conference, along with representatives from FDA and industry organizations including NMPF. Delegates approved 56 proposals either as submitted or as amended. NMPF had favorable outcomes for the proposals it submitted, including Proposal 311, which clarifies language around Animal Treatment Record requirements, and a proposal updating the rules for cleaning on-farm bulk tanks and silos to be consistent with the rules for bulk milk hauling trucks and trailers.

Leaders from NMPF and its member cooperatives are heavily involved in NCIMS, with many serving on the NCIMS Executive Board, Councils or committees between conferences.

For a full recap of the 2025 NCIMS, read the NCIMS Special Edition of the Regulatory Register.

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REGULATORY REGISTER 2025 NCIMS Special Edition

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Nutrition MAHA Commission Releases Report on Childhood Diseases

Whole Milk Bill Poised for Senate Committee Vote

The Presidential Commission to Make America Healthy Again (MAHA), a special task force in the Department of Health and Human Services, released an assessment May 22 that identifies key drivers behind childhood chronic diseases in the United States. The report explores the potential effects of “ultra-processed foods”, childhood exposure to chemicals through food and water sources, decreasing levels of physical activity, and medications and vaccination schedules.

The Whole Milk for Healthy Kids Act made more progress with the Senate Agriculture Committee conducting a bill markup meeting June 3, following the House of Representatives in moving forward critical legislation for dairy farmers.

“NMPF supports policies that allow its member cooperatives and the farmers who own them to use every tool and innovation they need to manage their farms safely and efficiently”, the organization said in a statement in response to the report. “NMPF stands behind sciencebased evidence and encourages integrating scientific and technological advancements into farming practices. The federation appreciates the commission’s recognition of dairy products, and specifically whole milk, as part of a healthy diet. NMPF also is encouraged by the report’s support for nutrient-dense foods as a compelling nutritional choice.”

The report specifically notes the success of USDA’s Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) in improving overall health and nutrition outcomes for those that qualify for the program.

NMPF has fought for years to protect dairy access through this program because of the key nutrients dairy provides. NMPF will continue to support access to nutrient-dense dairy products through these types of government programs, including school meals, to help some of our most vulnerable populations.

The legislation, sponsored in the Senate by Sens. Roger Marshall, R-KS, and Sen. Peter Welch, D-VT, has been a top NMPF priority for more than half a decade. It overwhelmingly passed the House of Representatives in 2023 but stalled in the Senate.

School meals rules in effect since 2012 only allow 1% and fat-free milk options, to reduce calorie intake and combat childhood obesity.

But that deprives children of the benefits of the whole milk that’s more commonly served at home, which includes essential nutrients such as calcium, vitamin D, and potassium, all of which are crucial for the development of strong bones, teeth, and muscles.

Once the Senate approves the legislation as expected, both the House and Senate versions will be ready for floor votes in their respective chambers, after which lawmakers will reconcile the two versions for a final vote. NMPF has a call to action on its website, urging dairy advocates to speak up on the bill.

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Sustainability & the Environment EPA Delays Limits on PFOA, PFAS in Drinking Water Environmental Protection Agency Administrator Lee Zeldin announced May 14 that the agency will keep the current National Primary Drinking Water Regulations (NPDWR) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), which set nationwide limits for these “forever chemicals” in drinking water. The agency is committed to addressing Per- and Polyfluoroalkyl substances (PFAS) in drinking water while ensuring that regulatory compliance is achievable for drinking water systems.

As part of this action, EPA announced its intent to extend compliance deadlines for PFOA and PFOS, establish

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a federal exemption framework, and initiate enhanced outreach to water systems, especially in rural and small communities, through EPA’s new PFAS OUTreach Initiative (PFAS OUT).

This is intended to help address compliance challenges that have been reported to EPA while still supporting actions to protect the American people from certain PFAS in drinking water.

While this policy does not affect most dairy operations directly, there are some dairy farms which are considered “public water systems” because they meet the definition by “serving an average of at least 25 people for at least 60 days a year.” EPA’s plans to extend the compliance timeline for meeting the Maximum Contaminant Levels (MCLs) in the Safe Drinking Water Act to 2031 will significantly reduce undue burden on some dairy farms and rural communities.

EPA Releases NAEMS Air Emission Calculating Tool

New Study: 2020 Farmgate Life Cycle Assessment

EPA released on May 2 an air emissions calculation web tool. The tool was created as part of the ongoing National Air Emissions Monitoring Study (NAEMS), established in 2002.

An updated Farmgate Life Cycle Assessment (LCA) for U.S. dairy was published May 7 in the high-impact, peer-reviewed journal Environmental Science & Technology. Together with a forthcoming processor-level LCA, this research will provide a comprehensive view of greenhouse gas (GHG) emissions from cradle to processor gate and establish the baseline from which to measure progress toward the industry’s collective 2050 goals.

The web tool estimates air emissions using: •

Farm- and process-level data (e.g., farm location, animal inventory) provided by the tool user.

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Meteorological data (e.g., ambient temperature) from the National Weather Service database.

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Emissions estimating methodologies from Section 9.4 (Livestock & Poultry Feed Operations) of EPA’s AP-42, Compilation of Air Emissions Factors.

NMPF has enlisted the support of Dr. Robert Burns of the University of Tennessee to evaluate the accuracy of the web tool. The results of the calculator web tool may have implications on the enforcement of the Clean Air Act. Dr. Burns’ evaluation will also help to shape comments NMPF submits during EPA’s current public comment period on the draft emission modeling methodologies that were proposed last fall. The comment period is open until Aug. 18.

The LCA also updates the sources of on-farm emissions: feed production (49%), enteric methane (27%), manure (19%) and energy (5%).

Additionally, the assessment better accounts for regional variability than previous efforts, improving accuracy while recognizing that there is no one-size-fits-all approach. Every farm and region has distinct opportunities for reducing emissions.

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Animal Health FARM Biosecurity Program Hosts First In-Person Training

USDA, Congress Take Steps to Stop New World Screwworm

Having a biosecurity plan in place is more vital than ever as foreign animal diseases continue to raise concerns throughout the world. The National Dairy Farmers Assuring Responsible Management (FARM) Program’s Biosecurity program area held its first in-person training April 30-May 1 to educate cooperative field staff and state officials on best management practices for on-farm biosecurity.

U.S. Secretary of Agriculture Brooke L. Rollins announced May 11 the immediate suspension of live cattle, horse, and bison imports through U.S. ports of entry along the southern border due to the continued and rapid northward spread of New World Screwworm (NWS) in Mexico. NWS was detected in remote farms with minimal cattle movement as far north as Oaxaca and Veracruz, about 700 miles away from the U.S. border.

“We’re just trying to get more people trained to be able to put Secure Milk Supply plans together for farmers so that we’re ready should a foot and mouth disease outbreak ever occur in the United States,” NMPF Director of Regulatory Affairs Miquela Hanselman said.

The first day of training was held in NMPF’s office in Arlington, Virginia. Participants learned the basics of developing an enhanced biosecurity plan with farmers and began drafting a line of separation for the demo farm.

The next day, participants traveled to Cool Lawn Farm in Remington, VA, to put their knowledge to the test and see the premises map with the line of separation outlined come to life. On the farm, they discussed key operating features and how to tweak the plan to best serve the farmer’s needs.

A bipartisan group of lawmakers led by U.S. Sen. John Cornyn, R-TX, introduced new legislation May 19 aimed at stopping the spread of the New World screwworm, a parasitic pest threatening the U.S. cattle industry.

The Strengthening Tactics to Obstruct the Population of Screwworms (STOP Screwworms) Act would authorize federal funding for USDA to build a new sterile fly production facility, with the goal to curb the growing population of screwworms making their way toward the U.S. southern border.

The legislation is co-sponsored by Sens. Ted Cruz, R-TX, Ben Ray Luján, D-NM, Martin Heinrich, D-NM, and Cindy Hyde-Smith, R-MS, along with Texas Rep. Tony Gonzales, who introduced the House version of the bill.

WE’RE JUST TRYING TO GET MORE PEOPLE TRAINED TO BE ABLE TO PUT SECURE MILK SUPPLY PLANS TOGETHER FOR FARMERS SO THAT WE’RE READY SHOULD A FOOT AND MOUTH DISEASE OUTBREAK EVER OCCUR IN THE UNITED STATES.

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Trade & International NMPF Advances Dairy in Ongoing Trade Negotiations NMPF and the U.S. Dairy Export Council (USDEC) have been closely engaged with the Trump administration as it continues to hold trade negotiations with partners across the world, emphasizing the need for targeted actions on trade barriers.

In the lead-up to President Trump’s April 2 announcement on a “Fair and Reciprocal Plan” to address U.S. trade deficits, NMPF and USDEC submitted joint comments on March 11 to the U.S. Trade Representative (USTR), urging the administration to focus on addressing specific tariff and nontariff trade barriers restricting U.S. dairy exports. Taking a focused, rather than broad-brush approach to leveraging tariffs, NMPF and USDEC detailed bilateral dairy trade measures among 21 countries and regions for the administration to prioritize.

Building on the comprehensive comments, NMPF’s Shawna Morris and Jaime Castaneda are serving in formal confidential trade advisor roles to the U.S. government. This allows NMPF to work on confidential materials with the U.S. government as the negotiations progress.

In addition, NMPF continues to advocate on behalf of the U.S. dairy industry with administration officials, congressional offices and foreign government officials. Prioritized areas include the importance of addressing the U.S.-EU dairy trade imbalance, preserving trade flows with positive partners like Mexico, eliminating tariffs to create a more level playing field in export markets, and addressing nontariff barriers like unscientific certification requirements, monopolization of common cheese names and lengthy dairy facility approval processes.

Prior to the implementation of the reciprocal tariffs policy, NMPF and USDEC had already worked with the U.S. government to secure a key dairy exemption in March from Egypt’s new mandatory halal certification regulations, which are set to take effect in 2026. This exemption followed extensive engagement by NMPF and USDEC with both U.S. and Egyptian officials to advocate for flexibility in Egypt’s import requirements. NMPF continues to push for greater transparency and broader recognition of certifiers in Egypt’s voluntary halal certification process, which currently acknowledges only a single certifying agency.

NMPF Scores Several Common Names Victories A bipartisan group of U.S. lawmakers introduced on April 1 the Safeguarding American Food and Export Trade Yields (SAFETY) Act, a bill championed by NMPF to protect the right of U.S. cheesemakers to use common food names like “parmesan” and “feta.”

Originally introduced in 2023 as the Safeguarding American Value-Added Exports (SAVE) Act, the SAFETY Act would direct USDA and the U.S. Trade Representative to prioritize the protection of common names in international trade negotiations.

The SAFETY Act is led by Senators John Thune, R-SD, Tammy Baldwin, D-WI, Roger Marshall, R-KS, and Tina Smith, D-MN, in the Senate and Representatives Dusty Johnson, R-SD, Jim Costa, D-CA, Michelle Fischbach, R-MN, and Jimmy Panetta, D-CA, in the House.

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NMPF has continued to educate USTR on the importance of addressing the European Union’s monopolization of common names through illegitimate geographical indications, resulting in the agency highlighting the issue in its annual Special 301 Report that details intellectual property abuses around the world, released April 29.

USTR’s language draws heavily from NMPF and USDEC’s Jan. 27 joint comments that supported separate, comprehensive comments from the Consortium for Common Food Names (CCFN), which is staffed by the NMPF trade policy team. NMPF’s Shawna Morris’ Feb. 18 hearing testimony highlighted the need for a coordinated, proactive U.S. strategy to counter the European Union’s continued campaign of monopolizing generic terms around the world.

CCFN and NMPF secured a notable victory in Europe earlier this year when the European Commission ruled on Jan. 23 that it would not be protecting “emmentaler” as a geographical indication. CCFN played a key role in achieving this result, responding to the initial Swiss application with comments demonstrating that emmentaler is associated with a wider geographical area than just Switzerland and cheese manufacturers outside of Switzerland routinely use “emmentaler” as a generic term.

The Commission cited these arguments in its final decision, ruling the term as generic and free for public use.

NMPF Charts Next Steps with Indonesia NMPF and USDEC signed a memorandum of understanding with the Indonesian Chamber of Commerce and Industry (KADIN Indonesia) May 1, marking a new milestone in a deepening relationship.

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Building on two years of heightened engagement with the Indonesian government and private sector, including the establishment of the U.S.-Indonesia Dairy Partnership Education project and trade missions to Wisconsin and Jakarta, the MOU outlines joint objectives to promote sustainable dairy trade and advance Indonesia’s national goals to improve nutrition through its new free meals program for school children and pregnant mothers.

To complement the goals of the MOU, NMPF and USDEC worked with the Foreign Agricultural Service to hold a reverse trade mission to the United States the week of May 5 with officials from the Indonesian Directorate General of Livestock and Animal Health Services to advance U.S. and Indonesian government discussions regarding a systems recognition protocol. NMPF member Darigold supported the success of this mission by hosting the delegation for a visit at their Pasco, WA facility.

As demand for dairy products continues to increase in Indonesia, NMPF and USDEC will work with both governments to ensure that U.S. suppliers benefit from a simple, timely and predictable facility registration process, enabling them to complement local suppliers in Indonesia and build a commercial base.

U.S. Dairy Promotes U.S. Leadership in International Organizations

ALONGSIDE A COALITION OF 55

NMPF advocated for the United States to engage with international organizations that are influential in setting the rules of global agriculture trade.

AND USDEC SENT A JOINT

Trade Policy Director Tony Rice joined the United Nations’ Food and Agriculture Organization (FAO) Deputy Director General Beth Bechdol in repeating this message at a May 2 Congressional Ag Trade Caucus briefing, noting the importance of sustained U.S. membership and active engagement to ensure that FAO and Codex science-based standards set level playing field for U.S. agriculture.

Alongside a coalition of 55 agriculture groups, NMPF and USDEC sent a joint letter on April 24 to the heads of five federal agencies strongly encouraging continued U.S. membership in FAO. Given its responsibility over the Codex Alimentarius Commission, FAO plays a significant role in setting international food safety standards, which, when administered objectively, reduce nontariff barriers for U.S. dairy exporters.

NMPF and USDEC also urged that the administration commit the United States to continue to be a member and leader of the World Trade Organization in a letter on April 16 to leaders of the House Ways and Means and Senate Finance Committees.

Since the U.S. adopted major WTO agreements in 1994, U.S. agricultural exports have nearly tripled. While the organization has flaws to correct, NMPF and USDEC warned that withdrawing from WTO would cost American producers critical market access, the ability to influence international trade rules, and cede an opportunity to China to lead this critical body.

AGRICULTURE GROUPS, NMPF LETTER TO THE HEADS OF FIVE FEDERAL AGENCIES STRONGLY ENCOURAGING CONTINUED U.S. MEMBERSHIP IN THE UNITED NATIONS’ FOOD AND AGRICULTURE ORGANIZATION.

Comments Urge Veterinary Pharmaceutical Tariffs Exemptions NMPF submitted comments to the U.S. Department of Commerce on May 6 in response to the administration’s Section 232 National Security Investigation on pharmaceutical imports, emphasizing the role imported animal health products play in complementing the domestic veterinary pharmaceutical supply in maintaining a secure U.S. food supply.

Disruptions to this access—such as those that could result from new tariffs—pose economic and biosecurity risks that could undermine national food security.

In its comments, NMPF urged the administration to exempt veterinary pharmaceuticals from any additional tariffs that may be imposed under the Section 232 investigation. The comments also recommend regulatory modernization to improve the efficiency of the review process for manufacturing changes to strengthen the resilience of the animal health supply chain.

The recommendations align with the broader goal of enhancing domestic capacity without jeopardizing current access to critical animal health inputs.

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NMPF Secures Streamlined Dairy Access to Costa Rica American dairy processing facilities can now export to Costa Rica under a simplified registration process, thanks to a new agreement between USDA and Costa Rica’s National Animal Health Service (SENASA). The updated system that went into effect May 10 eliminates the need for a previously required, lengthy questionnaire and replaces it with a streamlined approval process that drastically reduces burdens on exporters.

The new procedure follows extensive work

by NMPF, USDEC and the U.S. government to reduce the onerous certification burden required for exporters seeking to ship to Costa Rica. Last year, NMPF and USDEC coordinated with U.S. government partners

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to host a SENASA on-site review of U.S. dairy plants and the federal government’s regulatory oversight procedures. The agreement replaces the questionnaire with requirements limited to a signed letter from USDA’s Agricultural Marketing Service verifying the plant’s compliance with U.S. sanitary requirements and a technical factsheet of products to be exported. The resolution also expedites SENASA’s review deadline to 30 days; previously it typically took months to years for a facility to get registered.

With the remaining tariffs on exports to Costa Rica phasing out this year under the Central America-Dominican Republic Free Trade Agreement that the U.S. dairy industry worked to secure, NMPF and USDEC continue to dismantle remaining nontariff impediments in the region that could serve as a barrier to trade.

Other Industry News FMMO Pricing Changes Debut June 1 June 1, World Milk Day and the start of National Dairy Month, also marked the end of a multiyear process NMPF initiated and led, with the official implementation of the Final Rule to update Federal Milk Marketing Order pricing formulas.

As of June 1, the “higher-of” Class I price mover for most (non-ESL) milk has been restored; dairy product make allowances and Class I differentials nationwide are updated, and barrel cheese is no longer being used to determine the Class III price. A final part of the Rule, to increase the component composition factors for skim milk in all FMMO price classes, will be implemented Dec. 1 to avoid disrupting existing risk management positions.

NMPF successfully argued for these necessary updates in five specific proposals presented at a record-long FMMO hearing from late summer 2023 to early winter 2024. The arguments all flowed from the fundamental principle that FMMO product price formulas must evolve with the changing structure of the dairy industry to properly fulfil their role of accurately translating dairy product prices into milk values embodied in the orders’ classified prices.

USDA not only validated this principle in the Final Rule – it also established a blueprint that will make it much easier to keep the pricing formulas updated in the future, ensuring the FMMO pricing system will never again get as outdated as it has been prior to next week.

AS OF JUNE 1, THE “HIGHEROF” CLASS I PRICE MOVER FOR MOST (NON-ESL) MILK HAS BEEN RESTORED; DAIRY PRODUCT MAKE ALLOWANCES AND CLASS I DIFFERENTIALS NATIONWIDE ARE UPDATED, AND BARREL CHEESE IS NO LONGER BEING USED TO DETERMINE THE CLASS III PRICE.

NMPF’s exhaustive efforts began in 2021 and included more than 200 meetings to formulate the proposal among NMPF leaders and experts, along with coalition building across agriculture.

A separate “15A” legal proceeding filed earlier this year against the FMMO system by several organic milk companies that are seeking to exempt organic milk from the system does not affect the implementation.

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

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