Digest highlights

Natzke dave
Dave Natzke
Editor / Progressive Dairy

EPA to amend WOTUS rule by September

The EPA and the U.S. Army Corps of Engineers announced that an amended “Waters of the U.S.” (WOTUS) rule will be issued by Sept. 1, 2023.

The agencies said the amended rule will interpret the phrase “waters of the United States” consistent with a recent U.S. Supreme Court decision limiting the EPA’s authority to regulate U.S. waterways under the Clean Water Act (CWA).

In light of the pending amended rule development, the EPA also filed a motion seeking a stay in a federal court ruling issued in April. In that case, U.S. District Court Judge Daniel Hovland, in the U.S. District Court for the District of North Dakota, granted a preliminary injunction blocking the implementation of the WOTUS rule in 24 states.

Prior to that, the U.S. District Court for the Southern District of Texas issued a limited injunction blocking implementation of the rule in Texas and Idaho.

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Organizations demand dairy checkoff reports

Farm Action and the National Dairy Producers Organization (NDPO) recently sent a letter to U.S. Secretary of Agriculture Tom Vilsack, calling for release of federally mandated annual dairy checkoff spending reports.

The enabling legislation for both the National Dairy Promotion and Research Program and the National Fluid Milk Processor Promotion Program requires the USDA to submit a report to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition and Forestry. Reports for the years 2020, 2021 and 2022 have not been submitted to Congress or posted on the USDA Agricultural Marketing Service website.

The reports include an accounting of funds collected and spent, and an independent analysis of the effectiveness of both programs' advertising campaigns.

In the past, reports lagged by a year to acquire all financial data for the previous year. In more recent years, report release dates included: 2019 (August 2022), 2018 (November 2020), 2017 (March 2020), 2016 (February 2019) and 2015 (September 2017).

Farm Action and NDPO called on Vilsack to provide an update by July 7.

NMPF seeks labeling restrictions on ‘synthetic’ dairy

The head of the National Milk Producers Federation (NMPF) has called on the FDA to ensure manufacturers of synthetic, cell-based “dairy” ingredients are not in violation of federal “standards of identity” when labeling dairy alternative products.

In the letter to FDA Commissioner Robert Califf, Jim Mulhern, NMPF CEO and president, cites the dairy organization’s long-standing disappointment with the FDA over labeling standards regarding plant-based dairy alternatives.

The latest complaint pertains to “Bored Cow,” marketed as an “animal-free dairy milk.” According to the company’s website, the product combines a “whey” protein, plant fats, citrus fiber and other ingredients, and added vitamins.

Earlier this year, the FDA issued proposed guidance – largely voluntary – for labeling and marketing of plant-based dairy alternative beverages. The proposal, “Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry,” recommends that a plant-based milk alternative product that includes the term “milk” in its name, and that has a nutrient composition that is different than milk, include a voluntary nutrient statement that conveys how the product compares with milk. For example, the label could say, “Contains lower amounts of vitamin D and calcium than milk.”

The FDA extended the comment period on that proposal until July 31, 2023. Comments may be submitted here.

NMPF has also established an online advocacy alert to assist dairy producers and others to comment.

Following publication of the FDA guidance proposal, the "Defending Against Imitations and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday Act" (DAIRY PRIDE) Act was introduced in both the Senate and House. If approved, that bill would nullify any FDA guidance that is not consistent with dairy standards of identity.

EATS and Prop 12 developments

Following up on last week’s news brief regarding the proposed Ending Agriculture Trade Suppression (EATS) Act, a bill blocking enforcement of California’s Proposition 12:

  • The Organization for Competitive Markets (OCM) and Competitive Markets Action (CMA) have launched a radio campaign charging that the EATS Act would have “a disastrous impact” on family farmers and ranchers by stripping power from legislators at state and local levels of government. By limiting state control, the bill would allow large and foreign corporations to dominate the U.S. markets, OCM and CMA said.
  • A California court issued an order staying enforcement of Proposition 12 for noncompliant pork produced in the supply chain before July 1, until Dec. 31, 2023.

In May, the U.S. Supreme Court upheld California’s Proposition 12, a 2018 ballot initiative establishing production confinement standards for pork, veal, eggs and poultry sold in the state, regardless of where it is produced.

ICYMI (In case you missed it)

  • Crop acreage report deadline: Deadlines for agricultural producers to complete USDA Farm Service Agency (FSA) crop acreage reports after planting are approaching. July 17 is a major deadline for most crops, but acreage reporting deadlines vary by county and by crop. An acreage report documents the crops grown and their intended uses. Filing an accurate and timely acreage report, including failed acreage and prevented planted acreage, is necessary to participate in many USDA programs. Producers can access their FSA farm records, maps and common land units by logging in through the Farmers.gov portal.
  • School meals funding: The USDA announced it will provide $1.3 billion to help states purchase and distribute food to schools. This additional funding addresses elevated food and labor costs affecting school meal programs into the 2023-24 school year, when schools will lose temporary financial support authorized for the 2022-23 school year in the "Keep Kids Fed Act of 2022."
  • Wildlife habitat: The USDA also announced its intention to direct at least $500 million over a five-year period to benefit fish and wildlife habitat on private lands through its Working Lands for Wildlife (WLFW) effort. The USDA’s Natural Resources Conservation Service (NRCS) and FSA will coordinate the program, which focuses on voluntary, locally led efforts that benefit wildlife and agricultural communities.

Coming up

Check the Progressive Dairy website for these and other updates:

  • June FMMO Class II-III-IV milk prices are announced on June 28. That will be followed by release of June FMMO uniform price, producer price differential and pooling data during the week of July 10-14.
  • On June 30, the USDA releases the Dairy Margin Coverage (DMC) program margin and indemnity payments for May 2023.
  • Also on June 30, the USDA releases an annual Acreage and quarterly Grain Stocks reports, providing updates impacting potential dairy feed costs.