Senate Ag subcommittee hearing on milk pricing: Agreement that Federal Orders need reform, but how? That’s the billion-dollar question

By Sherry Bunting

WASHINGTON, D.C. — Federal Milk Marketing Orders, their purpose, performance, problems and solutions — including a recent change in the Class I fluid milk pricing formula — were the focus of a Senate Ag subcommittee hearing on ‘Milk Pricing: Areas of Improvement and Reform” Wednesday, Sept. 15 in the Capitol.

“We are in the midst of a modern dairy crisis, magnified by a Class I pricing change in the 2018 Farm Bill. The pandemic and economic downturn are not the only causes of this problem, but they did exacerbate it. This system cannot adapt to market conditions and thus is not fairly compensating our dairy farmers. The formula change is a symptom of larger problems in a system that is confusing, convoluted and difficult to understand,” said Gillibrand Wednesday.

She recounted the more than $750 million in producer losses when looking at the previous Class I fluid milk ‘mover’ formula that used the higher of Class III or IV manufacturing milk prices and comparing it to the current formula that uses an averaging method plus 74 cents.

The hearing was a first step Sen. Gillibrand had previously indicated in a press conference last June, when the full extent of dairy farmer financial losses was becoming known.

As the hearing got underway, Gillibrand observed that from 2003 to 2020 there has been a 55% decrease in the number of dairy farms in the U.S.

“We are using an almost 100-year-old system with the last reform 20 years ago, where dairy farms are not operating as they were then. We need to put the power back in the farmers’ hands.” said Gillibrand.

The power to make the issues known was in the hands of three dairy farmers making up the first panel — Jim Davenport, Tollgate Farm, Ancramdale, New York; Christina Zuiderveen, Black Soil Dairy, Granville, Iowa, and Mike Ferguson of Ferguson Dairy Farm, Senatobia, Mississippi.

This was followed by a panel with Dr. Chris Wolf, ag economics professor at Cornell University, Dr. Robert Wills, president of Cedar Grove Cheese and Clock Shadow Creamery, Plain, Wisconsin, and Catherine de Ronde, vice president of economics and legislative affairs with Agri-Mark cooperative based in Massachusetts with members in New England and New York.

One thing everyone agreed on, in differing degrees, is that reforms are needed in the Federal Milk Marketing Order System.

Testifiers agreed that a key purpose of the FMMOs is to make payments more equitable between the different classes and uses of milk.

All three producers agreed the FMMO system should continue, although they shared differing ideas about how reforms could improve it.

There was also agreement that the new Class I ‘mover’ formula is not adequate for changing and uncertain markets. They agreed that using the USDA rulemaking process is the way to make such changes to be sure all parties are heard.

The change in the Class I ‘mover’ that was implemented in May 2019, however, was made legislatively during the 2018 Farm Bill, apart from this USDA process.

Ferguson, a 150-cow dairy producer in Mississippi said he supported bringing back the previous ‘higher of’ method while a longer-term solution can be considered through the USDA hearing process. He noted periodic reviews of the adjuster could also be helpful, and that the situation should be addressed in the short term.

He explained that the Southeast producers across FMMOs 5, 6 and 7, produce about 45% of the annual fluid milk needs of their growing population, and when supplemental milk has to be brought in, those Southeast producers pay the price to get it there. That was very difficult and costly when class pricing inversions happened last year for a prolonged period of time.

Davenport, milking 64 cows in New York observed that the Class I price was aligning better in the past few months, but that “we’re not out of the woods yet,” on Covid-19.

“The FMMO system has served farmers well but needs adjusted to reflect current product mixes and market swings,” said Davenport, adding that the fluid market is very important for smaller sized dairies and proffering the hope that Class I, long-term, could be stabilized by basing it on something other than the volatility of cheese, butter and powder prices.

“The rulemaking process USDA uses will work, it just takes time,” he said, adding that the Class I price should reflect how hard it is to supply the fluid market.

Zuiderveen, representing three family businesses in Iowa and South Dakota, totaling 15,000 cows said FMMO pricing for milk of the same quality should align and foster innovation and competition instead of consolidation. It should also be transparent and promote a nimble industry that can respond to changes, she said.

“Distortions can cause the system to become unglued,” she said, noting that if producers can’t anticipate which classes will participate in the pool and don’t know how that will drive their milk price, then they can’t manage their price risk effectively, losses become compounded, and this discourages risk management.

Zuiderveen and others noted a variance as wide as $9 per hundredweight was experienced in mailbox milk prices from region to region and neighbor to neighbor at intervals last year.

“That creates a sense of helplessness among producers,” said Zuiderveen.

Dr. Wolf noted that two of the biggest reasons for the Class I value losses under the new formula compared with the old formula — during pandemic disruptions no one could have foreseen — were the large volumes of de-pooled milk that reduced FMMO pool funds and the Class I change itself.

Wolf explained that there were multiple factors in the wide divergence between Class III and IV. A primary one was government purchases being tilted to cheese during that time. “This large divergence in butter and cheese prices meant that the Class I milk prices were lower than they would have been under the former pricing rule,” he said.

Ferguson noted that the government cheese purchases were intended to support dairy producers as well as the public during the pandemic, but it ended up having a “devastating effect on our fluid market,” he said, noting that a more balanced approach may have helped.

Through difficult times in the past, price alignments were more stable in large part because of the ‘higher of’ method keeping the Class I price above the blended price so that no matter what was purchased, all farmers benefited more equitably.

Under the current formula, the pandemic cheese purchases helped support dairy producers, but also led to distortions that contributed to large differences in milk prices at the farm level.

Dr. Wills, as the only processor testifying said the survival of dairy depends on being able to evolve on these pricing issues. “Farmers are only better off if the premium (shared in the FMMO pools) exceeds the value of other classes, and that’s inefficient,” he said, adding his opinion that FMMOs have outlived their purpose.

“The redistribution makes it appear that all farmers are winners, when the evidence shows pricing equity is being lowered,” said Wills. “I fear for the future of the dairy industry. The federally administrated milk pricing now functions opposite of its intent, resulting in higher prices for consumers and lower prices for farmers. It responds slowly, encourages inefficient trucking and promotes consolidation.”

Wills also mentioned the wave of competition from an array of plant-based and blended products as well as cellular agriculture and bio-engineered analog proteins, none of which are included in the FMMO pricing structure.

Wills brought home the reality also for rural communities when small and mid-sized farms are lost. Near the end of the hearing, he responded to a question from Senator Roger Marshall (R-Kansas) asking what are his farmers’ biggest concerns, what do they talk about when he sits down with them for coffee at a restaurant?

“My farmers tend to be smaller producers,” said Wills, president of two Wisconsin cheese companies supplied by 28 dairy farms. “They are concerned about having continued access to markets as the industry continues to consolidate. Even in Wisconsin, where we have more competition than most places, it is hard to find homes for those dairies that are cut loose from big plants.”

As consolidation accelerates, he said, there is a trend toward plants not wanting to make multiple stops. “The impact of losing all of those producers … that 10% per year loss (over time) just hollows out our communities. There’s not a restaurant in town anymore to have coffee at,” said Wills. “We lost our hardware store, our grocery store. A lot of it has to do with our rural communities being hollowed out. The ability to maintain those small farms is also important for our communities.”

On program safety nets and risk management tools, Dr. Wolf noted that the Dairy Margin Coverage program has a very positive impact on small producers vs. large producers, and that the Dairy Revenue Protection and Livestock Gross Margin are aimed at bigger farms. He said farms with those programs in place were “in a better place” last year.

However, elsewhere in his testimony and in that of others, the risk management difficulties during the unusual price inversions were also mentioned, when the Class I pricing change was exacerbated by pandemic disruptions creating those misaligned conditions.

As for simply nationalizing the FMMO pooling rules or making them more rigid, Zuiderveen said this would lead to more processors staying out of the pool, and Wills said de-pooling is the pressure relief valve processors need.

With a nod to pricing delays and that affect the transparency in sending market signals through the FMMO system, Wills said he found out that week (Sept. 13) what he will be paying for the milk he bought on August 1, and his producers who sold that milk to him were also just finding out what they would be paid. That’s six weeks after shipping the milk.

Wills said this kind of inefficiency makes it difficult to plan and compete in business.

Another positive to come out of the hearing was when Davenport brought up legalizing whole milk in schools, to which Chairwoman Gillibrand, Senator Marshall, a doctor, and other members of the Senate Subcommittee gave hearty verbal support.  

Here is the link to the recorded Senate Ag subcommittee hearing https://www.agriculture.senate.gov/hearings/milk-pricing-areas-for-improvement-and-reform

We’ll share additional information from the hearing and potential next steps as it becomes available.

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Danone’s Horizon confirms it will drop its 89 Northeast organic dairies (ME, VT, NH, part of NY)

By Sherry Bunting, Farmshine, August 27,2021

DEERFIELD, Mass. — Danone confirmed it will drop 89 Northeast Horizon Organic dairy farms by this time next year. The global corporation headquartered in France had purchased WhiteWave — including Silk plant-based and Horizon Organic milk — from the former Dean Foods five years ago.

Receiving the letters in late August are the Horizon Organic family dairy farms in Maine (14), Vermont (28), Washington County, New York (17) and the balance located in New Hampshire as well as Clinton, Franklin, and Saint Lawrence counties, New York.

Producers in the affected Northeast region say they saw this coming, but no one expected it to be this fast and this impactful in a region such as the Northeast where the organic milk market has had a long and growing following among consumers and some of the first organic transitions were with Horizon more than two decades ago.

Organic producers in the region also say the commoditization of their product faces the same consolidation trends as conventional dairy farms, in part due to the inconsistent interpretation of organic standards by certifiers and the delayed publishing and enforcement of certain rules by USDA.

Vermont’s Agency of Agriculture, Food and Markets, as well as Senator Patrick Leahy are looking into the situation. Maine’s Governor Janet Mills and Ag Commissioner Amanda Beal also announced state support for these farms and the state’s overall dairy industry through a stakeholders working group with short- and long-term strategies.

For its part, Danone is unequivocal in saying it is focusing on buying milk from new partners that ‘fit’ its ‘processing footprint.’

“Danone is offering a 180-day notice, or farms can sign onto a one-year contract with no contract option after that. Apparently, the farmers who contract for the year can leave with 30 days’ notice if they find another market,” writes Edward Maltby, executive director of NODPA in a bulletin as the news broke August 22.

That’s a big IF.

Other of the region’s organic processors are not known to have much extra capacity to pick up new organic milk shippers. Even conventional milk buyers are mostly not taking on new dairy shippers with several still enforcing base programs and penalties on existing shippers in the Northeast. (However, during the second half of August into September, overall milk supply in the Northeast and Midatlantic has been reported by USDA Dairy Market News as “extremely tight.”)

Maltby notes that this round of contract terminations are mainly in New England and do not extend past four counties in New York (extreme northern and eastern New York) and do not include Pennsylvania. He and other sources indicate Danone is setting an arbitrary line for milk to come from farms within a 300-mile radius of the plants that process it, so as they shift their manufacturing footprint, the farm footprint incrementally shifts as well.

Is this the future of unsustainable ‘sustainability’?

Month after month, the Northeast Federal Milk Marketing Order statistical bulletin shows handlers bringing in milk — including and especially organic milk — to FMMO 1 from the Midwest and Southwest United States. In fact, large quantities of conventional and especially organic milk come into the Northeast in tankers and packages every month from as far away as Texas and Colorado.

Danone issued an emailed statement to NODPA late Tuesday (Aug. 24) that confirmed the rumors and the numbers.

“We greatly value our relationships with our farming partners and did not make this decision lightly. Growing transportation and operational challenges in the dairy industry, particularly in the northeast, led to this difficult decision. Eighty-nine producers across the northeast received this non-renewal notice. To help facilitate a smooth transition, we are offering each producer the opportunity to enter into a new agreement for us to purchase their milk until August 31, 2022 to provide additional time and support,” Danone stated in an email response to NODPA.

“We will be supporting new partners that better align with our manufacturing footprint,” the company statement continued. “We are committed to continuing to support organic dairy in the east, and in the last 12 months alone, we have on boarded more than 50 producers new to Horizon Organic that better fit our manufacturing footprint. This decision will help us continue providing our consumers with the products they love.”

Danone’s statement indicates it is still committed to organic dairy in the East; however, on July 29th, during its earnings call with investors, Danone announced its plans to offer new versions of its FAKE-milk brands with what they say will be “improved taste and texture” later this year (2021).

Furthermore, Danone built the nation’s largest fake-dairy plant in Dubois, Pennsylvania, where it makes plant-based non-dairy substances marketed as “yogurt,” certain soft cheese lookalikes and, yes, fake-milk beverages will be produced there also.

When the fake-dairy plant opened in Pennsylvania in February 2019, Danone officials linked it to their global goal “to triple our plant-based business by 2025.”

Toward that end, during Danone’s July 2021 earnings call, Shane Grant, co-chief executive officer of Danone and CEO of the North America division, said: “The opportunity we see is really the challenge of that (plant-based) convention. We know that in key plant-based markets like the U.S., 60% of consumers are not in the (milk) category. We know the barrier is primarily product taste and texture. We will launch against this opportunity new dairy-like technology under Silk NextMilk, under So Delicious Wondermilk and under Alpro Not Milk.”

Danone also reported to investors its net income jumped 5% in the first half of 2021.

NODPA’s Maltby observed in a Farmshine interview this week that the discriminating higher-price-point consumer of organic milk is a prime target for imitation brands. He noted that organic milk has been “very price stable” on the retail shelf at $4 per half-gallon for the past decade.

“Even now, at a $27 to $29 pay price for (organic) producers versus a prior pay price of $35 or $36, the retail price has remained the same, indicating some room for growth,” said Maltby.

In fact, organic milk sales volume has been inching higher over the past few years, and during the Coronavirus pandemic, when all whole milk sales grew dramatically, organic whole milk sales volume grew by an even higher percentage in volume gains. Plant-based imitations grew on a dollar sales basis although volume is not tracked by USDA the way real fluid dairy milk sales are tracked by volume. Sales growth in plant-based imitations are also a function of the increasing price point, not so much reflective of volume.

Fake-dairy doesn’t offer the nutritional standing of real dairy products, but consumers are duped by advertising campaigns (especially Danone’s Silk commercials on television) into believing real and fake milk are interchangeable in their diets. 

Consumers are also being fed a steady diet of ‘save the planet’ rhetoric centered on plant-based and lab-cultured ‘alternatives’ thanks to regurgitated myths that do not tell the whole story about ruminant cows.

Danone has set a goal to be what it calls “the first carbon-positive dairy brand” by 2025. This includes its Horizon Organic brand. In a March 2020 Marketwatch report, Horizon was ranked as the world’s largest USDA certified organic dairy brand. A few months ago in April 2021, Danone released a report showing that its Horizon brand derived 18% of its carbon footprint from cow manure management, 14% from animal feed, and 9% from keeping milk cold in refrigerators. (That’s less than half, what is the rest?)

As dairy processing innovations continue to lengthen plant code to 30 to 40 days, and beyond, the processing trend in the fluid milk category – organic and conventional – is toward ultra high temperature (UHT) pasteurization and extended shelf life (ESL) aseptic packaging for extended warehousing, longer-distance transportation, and larger global circles of distribution where regional supply chains with fresher products will need to find ways to differentiate themselves.

Meanwhile, notes Maltby, it’s the total effect that consumers aren’t realizing because it’s not broadcast in advertising or on labels. The whole package, total effect of real dairy sales includes better nutrition, along with the components dairy farmers bring to their rural communities in terms of economic support and true environmental leadership.

“You don’t see this many organic farms dumped in a year. It’s unusual. This will have a dramatic effect on our rural communities and environment,” said Maltby.

In 2018-19 Danone began dropping organic dairies milking fewer than 500 cows in the western states, coming back to those farms offering conventional contracts using their proprietary “cost-plus” pricing method.

During a 2019 Western Organic Dairy Producers Alliance (WODPA) meeting in Nevada, some of those affected producers shared this news and blamed inconsistent enforcement of USDA organic rules on access to pasture, percentage of dry matter intake from grazing and other production standards. 

Maltby noted that NODPA and other organic dairy organizations are advocating with USDA and their members in Congress to ensure the Origin of Livestock rule for organic certification is strong “to not allow transitioned animals to retain their organic certification for milk when transferred or sold.”

Maltby observed that USDA and certifiers have “created an un-level playing field with their failure to publish this regulation over the past decade.”

He says NODPA and other organic groups also seek better enforcement of organic production standards, explaining that some certifiers “are still not interpreting or enforcing the access to pasture regulation in their definition of the grazing season.”

NODPA is urging anyone with influence within the CROPP Cooperative and Lactalis/ Stonyfield, to encourage them to enter into discussion with the Northeast organic dairy community about ways to move forward.

“A year is a very short time,” said Maltby.

A boycott of Danone products is also mentioned in the bulletin at the NODPA website.

“We hope to direct people away from thinking too narrowly about Horizon and consider boycotting the Danone (Dannon) products instead, to raise the issue with some leverage for these family farms,” he said. “Danone obviously believes it has adequate supply in other areas of the U.S., at a lower cost and from larger operations, that make their trucking logistics cheaper and easier.”

While dairy producers pay the cost to transport their milk from farm to processing, the milk produced in the Northeast is considered higher-priced at the farm level in part because of the FMMO structure but also because the Northeast lacks capacity for “balancing” the organic fluid milk market with processing assets to take milk for Class III and IV products when Class I sales and processing ebb and flow seasonally.

In addition, more organic feeds are produced in the western U.S. and Canada, and there is a transportation component to that scenario from a carbon footprint modeling aspect that becomes a wash when they just bring the milk to the Northeast from elsewhere instead of inputs for cattle on Northeast farms.

The costs of assembling milk from multiple small farms in a region, including field inspections and interactions, is also considered a cost the global Danone company would like to control by sourcing from fewer and larger “new partners”.

However, remembering the food disruptions, waste, and shortages during the pandemic, especially from the centralized models of the meat and poultry industries, Maltby notes that, “If this is the cost of maintaining farms in our region, in our economies and our communities, isn’t that (food security) something for companies like Danone to consider?”   

Bottom line, Danone appears to be looking to control the criteria of its environmental claims so that other companies can’t mimic them. The company is reportedly looking to build a “Regenerative Organic” certification to differentiate its products in the marketplace and capitalize on buzz terms in the climate discussion.

Meanwhile, current USDA-certified organic dairy producers, especially small and mid-sized family farms, feel abandoned in that conversation because they say they don’t see USDA defending what already are the organic standards and regulations, allowing two things to happen simultaneously – the dilution of standards commoditizing their product in the sourcing by companies like Danone, which then turn right around to reinvent real and fake dairy niche differentiation with new partners.

Stay tuned for updates in Farmshine and at the NODPA website

Consumers continued shift to higher-fat milk in 2020, used 1.3% more fat vs. 2019

By Sherry Bunting

Fluid milk sales in 2020 were essentially unchanged from 2019, although 2020 had an extra day as a leap year, according to USDA data released this week.

Whole milk sales were the largest category of fluid milk sales in 2020 for the third consecutive year since surpassing 2% milk sales volume for the first time in decades in 2018. Compared with 2019 volumes, whole milk sales in 2020 were up 3.2% at 16.6 billion pounds, according to the annual USDA ERS report released Tuesday, Aug. 31.

At 15.8 billion pounds, 2% milk was the second highest volume category, up 3.5% from 2019. This marked the first year over year increase in 2% milk sales since 2010.

Sales of 1% low-fat milk fell 4.3% in 2020 to 5.8 billion pounds while fat-free sales volume fell 13.4% to 3 billion pounds, less than half of what it was in 2010.

Over the past three years, sales of flavored whole milk had been increasing annually back to levels seen in 2005, but dipped 2% lower than 2019 during 2020 at 765 million pounds.

Some this could be attributed to consumer purchase patterns, but also is a function of what processors and retailers choose to make and offer.

In the flavored milk category other than whole, sales volume was 2.9 billion pounds, down a whopping 33.3% — a combination of virtual schooling, reduced institutional feeding, consumers mixing their own at home, and other potential pandemic-related reasons.
In general, the overall trends held in 2020 as consumers continued showing their preference for milk with more fat. Egg nog sales, incidentally, were up a whopping 8.5% on a volume basis.

Some in the industry have said to me that if schoolchildren are provided with the choice of whole milk, there won’t be enough cream for all of the other products the dairy industry makes.

That doesn’t make sense. Taken together, the USDA ERS annual milk sales breakdown showed the continued consumer shifts to higher-fat fluid milk products increased cream usage by 1.3% overall in 2020 vs. 2019.

Despite this shift to more fluid category use of cream, the availability of cream last year dragged down milk prices, pushed butter churns, and contributed to the price divergences.

Producers made more butterfat than the market used, and the industry also imported record levels of butterfat in the March through August 2020 time frame and near record levels for the 12-month year on the whole.

Reports this week (Sept. 1, 2021) indicate this butter inventory built up in 2020, and the current steady production, will control butter prices that have been rising the past few weeks.
Butter inventory keeps milk price in check… mate.

The breakdown of all dairy product usage for 2020 will be released by USDA ERS on September 30.

MilkPEP stays the course to uphold nutritional values

Doing so means walking away from DMI and NFL constraints

By Sherry Bunting, Farmshine, September 3, 2021

BROWNSTOWN, Pa. — Rather than dilute its rejuvenated milk performance messaging in NFL athletes’ own milk stories, the national Milk Processor Education Program (MilkPEP) walked away from its quest for a fall promotion partnership with Dairy Management Inc. (DMI) and the National Football League (NFL).

According to leaked emails dated August 27 and 28, the decision was made when NFL feedback required removal of references to fluid milk hydration, recovery and performance due to infringement on the territory of a prime NFL sponsor, PepsiCo.

Rather than dilute the campaign’s message to gain NFL approval, the email indicates MilkPEP will use its own creative content with NFL athletes, without the NFL branding. Separate Farmshine requests for official statements from both MilkPEP and DMI were not immediately answered.

‘You’re gonna need milk for that’ is a performance based MilkPEP campaign with athletes’ authentic milk stories and a wealth of milk facts and comparisons to other beverages. The ‘got milk?’ offshoot also links up with MilkPEP’s builtwithchocolatemilk.com website. Screen capture at gonnaneedmilk.com

Some history is in order.

MilkPEP is funded by the mandatory 20-cent per hundredweight assessment that is included in the Class I price and is paid by fluid milk processors on all fluid milk that is processed and marketed in consumer type packages in the U.S. DMI, on the other hand, is funded by a portion of the 15-cent checkoff paid on all milk hundredweights sold by all U.S. dairy producers and the 7.5-cent per hundredweight equivalent paid by dairy importers. 

MilkPEP, under the leadership of CEO Yin Woon Rani since October 2019, has brought back and revitalized milk education messages with an up-to-date modern focus on the nutritional and performance benefits of milk. 

For example, MilkPEP revived ‘got milk?’ in 2020, and even more recently started a related slogan ‘you’re gonna need milk for that.’

At the gonnaneedmilk.com website, Milk is positioned as “fueling athletes for centuries” and as “the original sports drink” with tabs for milk facts, why milk, and milk vs. other beverages. In fact, some state and regional checkoff programs, including the southern Dairy Alliance, are using some of MilkPEP’s fluid milk promotion pieces. MilkPEP also partners with DMI on some projects related to fluid milk promotion.

DMI leaders often point out that their role is research and instead of generic advertising, they focus on innovation via proprietary strategic partnerships that include DMI’s 5-year-old Fluid Milk Revitalization Initiative; while MilkPEP focuses on consumer-facing fluid milk education and promotion. DMI often claims to “further the reach” of MilkPEP promotions through partnering and social media.

A central theme in MilkPEP’s ‘gonna need milk’ campaign is how milk’s unique nutritional attributes fuel extraordinary accomplishments. Through science-based information and the stories of Team Milk athletes, this campaign comes right out to proclaim “Milk: The Original Sports Drink.”  So far this year, the milk stories of Team USA Olympians have been featured.

“I’m sorry we couldn’t get it done with the NFL, but we’ll find a way to get it done,” said Everett Williams, a MilkPEP board member at-large and Madison, Georgia dairy producer when called for his thoughts on the matter. “I have been impressed with what MilkPEP is doing, and it looks like we’ll still be working with the athletes, just not with the NFL branding. 

“But we will still get the message out that ‘you’re gonna need milk for that,’” he said.

The fall promotion work had reportedly been underway for months creating content. Given DMI’s partnership with MilkPEP and with the NFL in schools via the GENYOUth and Fuel Up to Play 60 since 2009, the thought was these MilkPEP promotions could associate the athletes’ stories with the NFL and FUTP60.

However, in the email leaked to many, including to Farmshine, over the weekend, MilkPEP apparently thanked DMI’s teams for working with them on this, but said the organization would follow a different pathway for the fall promotions already created. The email noted that MilkPEP worked with DMI “in an attempt to make compelling content for Gen Z to help us achieve our objective of positioning milk as a valuable performance drink that helps athletes do extraordinary things.”

This created conflict with the NFL.

According to the email, the feedback that was sent back was “very stringent prohibiting this type of content.” 

This feedback would have included editing every player’s authentic testimonials and removing all messaging from the gonnaneedmilk.com website that related to hydration, performance, recovery and sports drinks.

MilkPEP indicated in the email that it was unable to accommodate this level of feedback because the information is fact- and science-based.

In the email, MilkPEP’s continued support was emphasized for GENYOUth, the non-profit formed originally by DMI and the NFL. MilkPEP will pay for the distribution of nearly 4000 flag football kits to schools in October, which will feature the Team Milk NFL and nutritional posters along with the ‘got milk?’ branded pinnies, according to the email.

Outside of the schools, MilkPEP will essentially move forward on their own with their own content and will only use this content featuring attire without NFL or team brands and without any FUTP60 branding and no connection to the NFL.

“I am disappointed that we weren’t able to find a special place for milk in NFL promotion,” said Rob Barley, a MilkPEP board member at-large and dairy producer from Lancaster County, Pennsylvania when asked for his observations.

Barley noted that MilkPEP staff worked very hard on this promotion, and he indicated DMI worked with them, but in the end, the promotion was denied by the NFL as infringing on the areas of other sponsors.

He noted that this decision does not represent a break in the partnership between MilkPEP and DMI on fluid milk promotion, and it does not affect their school participation. Instead, it means MilkPEP is choosing to continue its fall promotion plan, using the unedited milk stories of football players. They just won’t have the approval of the NFL and therefore will not be able to associate with the NFL brand or FUTP60 logo.

“We lack the financial resources of other NFL partners,” Barley said. “It’s that simple.”

NFL sponsorship deals are huge. According to an NS Business report last year, the NFL brought in a combined $1 billion through sponsorship deals from 30 brands during the 2019-20 season. At $100 million, PepsiCo was the fourth largest, allowing it to use the NFL logo and branding on its advertising campaigns for soft drinks as well as its other beverage and snack brands including Aquafina (water), Frito-Lay, Gatorade, Tropicana and Quaker Oats.

By comparison, the entire annual budget of MilkPEP is less than that, estimated at $85 million.

Also in comparison, according to IRS 990 forms, DMI pays the NFL approximately $7 to $8 million annually and provides the staffing and infrastructure for the partnership with the NFL in GENYOUth, where state and regional checkoff organizations, collectively, outspend all other individual donors, including the purchase of breakfast carts and equipment and educational materials for schools. 

Over the past decade, GENYOUth’s in-school materials have evolved well beyond the original realm of nutrition and exercise as more multinational corporate donors from the technology, financial and consumer packaged goods sectors have boarded the school bus.

In 2020 and 2021, GENYOUth has focused its out-of-school messaging on raising funds for delivering school meals amid pandemic disruptions. 

Through GENYOUth and FUTP60, DMI targeted Generation Z over the past 12 to 13 years. In a press conference in May, Anne Warden, DMI’s executive vice president of Strategic Integration, said dairy checkoff “has been focusing on the youth audience ever since making its commitment to USDA on school nutrition (in 2008-09).” She stated that Gen Z is “not interested in facts like vitamins and minerals. They want to know how foods and beverages will make them feel.”

The FUTP60 partnership between the NFL and DMI began in 2009. By 2010, DMI had created the 501c3 non-profit Youth Improved Incorporated, operating as GENYOUth. Its formation includes USDA as an original partner. USDA blog posts and Flickr photos depicted the ceremony where the Memorandum of Understanding (MOU) was publicly signed by NFL Commissioner Roger Goodell, USDA Secretary Tom Vilsack, GENYOUth CEO Alexis Glick, and National Dairy Council President Jean Regalie during the 2011 Superbowl. 

Also in 2011, PepsiCo renewed its longtime partnership with the NFL in a 10-year deal that ESPN reported to be over $90 million per year with additional spending in marketing and promotion of its ties to the NFL.

In 2018, the GENYOUth Vanguard hero award was presented to PepsiCo during the New York City GENYOUth Gala, at a time when dairy farmer heroes were encountering one of their most difficult milk price margin years and whose checkoff had been contributing far more millions to the GENYOUth effort over the previous 10 years than the one-year, one-million PepsiCo had pitched in for Spanish translations and 100 breakfast carts. (PepsiCo has a school foodservice company and website touting USDA-compliant products.)

PepsiCo’s North American CEO accepted the award that evening and indicated the company had “admired the Play 60 program for years.” He then used the dairy-farmer-founded GENYOUth venue to tout Pepsi’s focus on healthy new beverages, including the Quaker brand oat ‘milk’ he announced had arrived in stores (a brand that was subsequently discontinued).

Looking ahead, PepsiCo announced in Feb. 2021, its joint venture with Beyond Meat called The PLANeT Partnership to make and sell plant-based alternative drinks and snacks. In July 2021, Beyond Meat filed to trademark “Beyond Milk.”

(Author’s note: NFL is big business, and its sponsorship deals understandably require rules for the road in which competing sponsors — especially those such as dairy producers with their smaller ‘altruistic’ investments as ‘partners’ in a youth program — are apparently expected to stay in their lane (getting meals to food insecure kids at school; not promoting milk’s nutritional profile in performance, hydration and sports recovery). On the other hand, pay attention…  if / when the PepsiCo / Beyond PLANeT Partnership brings forth a Beyond Milk beverage to go with the trademark application they just filed, dairy farmers will certainly expect the NFL to remember who the MILK lane belongs to.)

GENYOUth hosted the ‘Taste of NFL’ live-streamed event during the 2021 Superbowl and this week began promoting the event for 2022, aimed at using the ‘culinary experience’ to raise awareness and funds to support food insecurity. But traditional football fan-fave cheese never made it on the menu, unless PepsiCo’s Frito-Lay Chee-tos count. Even the GENYOUth cooler behind CEO Alexis Glick looks like convenience stores and school foodservice these days: a small corner for real milk at the top surrounded by plenty of PepsiCo beverages and consumer-packaged snacks. (PepsiCo does, after all, have its own school foodservice company and website.) Official tailgating recipes for the GENYOUth-hosted event contained no dairy: Chicken Doritos Meatballs (Doritos = PepsiCo), BBQ Ribs, Smores, and spicy wings. Alexis did say she’ll ‘have her glass of milk ready’ when ‘spicy’ was mentioned. GENYOUth twitter photo

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USDA moves forward with $350 mil. for dairy producers targeted to Jul-Dec 2020 FMMO Class I ‘mover’ losses

Eligible producers to be paid by agreements with milk handlers, co-ops

By Sherry Bunting, Farmshine, August 27, 2021

WASHINGTON, D.C. — According to USDA, milk handlers and cooperatives were contacted Aug. 23-27 about entering into signed agreements to distribute the approximately $350 million in Pandemic Dairy Market Volatility Assistance payments the agency announced on Aug. 19.

The agreements will be to disburse funds to their qualifying producers and provide them with education on a variety of dairy-related topics.

Handlers and cooperatives have until Sept. 10, 2021 to indicate to USDA their intention to participate. USDA will then distribute the payments to participating handlers within 60 days of entering into an agreement. Once payment is received, a handler will have 30 days to distribute monies to qualifying dairy farmers.

These funds will be disbursed to “eligible” dairy farmers through “eligible” Federal Milk Marketing Order (FMMO) independent milk handlers and cooperatives, not through FSA. There will be no signups for this program, and payment rates have not been published.

What is unique about the volatility payments is they will be producer-specific and targeted based on FMMO records and agreements with milk handlers to be the payment conduit.

USDA indicates this program is a “first step” and is aimed at compensating producers for volatility and federal pricing policy changes. The payments will cover 80% of the calculated lost value on Class I fluid milk pounds for July through December 2020.

This language suggests the payments will be limited to producers whose milk was pooled on FMMOs during those six months.

One point of contention with the “volatility assistance” is that the eligible producers will be limited to payments associated with up to 5 million pounds of annual production — even though farms of all sizes incurred these losses due to a combination of pandemic volatility and federal pricing policy changes. The Adjusted Gross Income verification will also be required, like for the prior administration’s CFAP payments.

A special webpage at the USDA AMS Dairy Programs website has been created where more details were provided this week. Officials responding to Farmshine questions said this webpage will be updated on an ongoing basis with more details as they become available. The webpage link is https://www.ams.usda.gov/services/pandemic-market-volatility-assistance-program

A brochure is also available at https://www.ams.usda.gov/sites/default/files/media/PandemicAssistanceMarketVolatilityBrochure.pdf

The actual cumulative net Class I value losses to dairy producers over a longer 27-month period (May 2019 through July 2021) were more than twice the amount of the program, pegged at over $750 million.

During the six months covered by the volatility assistance program – July through December 2020 – the difference between Class III and IV milk prices was $5 to $10 per hundredweight. Further amplifying the impact of this volatility on producer blend prices was the 2018 Farm Bill change (implemented May 2019) to use an averaging method instead of the previous ‘higher of’ Class III or IV skim prices to set the Class I ‘mover.’

This change also led to massive de-pooling and severely negative producer price differentials (PPDs) for most of the past 27 months. Even in some of the positive PPD months, the PPDs were smaller than normal, representing lost value to producers in excess of $3 billion.

In disbursing these volatility assistance payments, milk handlers and cooperatives will be reimbursed for limited administrative and educational costs, according to the USDA brochure.

The education piece stipulates that each participating handler or cooperative “will provide educational materials to all producers by March 1, 2022. The USDA brochure indicates that they may provide the education in the form of mailings, recorded online trainings, live virtual webinars, and/or in-person meetings.”

This education revolves around federal dairy programs, according to USDA. Example topics are Federal Milk Marketing Orders; Dairy Margin Coverage, Dairy Revenue Protection, Dairy Mandatory Price Reporting, Chicago Mercantile Exchange, and Forward Contracting.

USDA will make these education materials available, or the participating handlers and cooperatives may use their own educational materials or training.

Each participating handler will have to verify how many producers were provided with the information and the methods that were used for the education.

The Pandemic Dairy Market Volatility Assistance Program was announced during meetings with farmers and a tour of farms with Senator Patrick Leahy in Vermont last Thursday. Back in June, Agriculture Secretary Tom Vilsack had committed to provide additional pandemic assistance for dairy farmers in an exchange with Sen. Leahy during an Appropriations hearing.

“This (program) is another component of our ongoing effort to get aid to producers who have been left behind and build on our progress towards economic recovery,” said Vilsack. “This targeted assistance is the first step in USDA’s comprehensive approach that will total over $2 billion to help the dairy industry recover from the pandemic and be more resilient to future challenges for generations to come.”

In a press statement this week, NMPF president and CEO Jim Mulhern stated that the $350 million only compensates for some of the damage resulting from the pandemic.

“NMPF asked the department to reimburse dairy farmers for unanticipated losses created during the COVID-19 pandemic by a change to the Class I fluid milk price mover formula that was exacerbated by the government’s pandemic dairy purchases last year,” said Mulhern. “When Congress changed the previous Class I mover, it was never intended to hurt producers. In fact, the new mover was envisioned to be revenue-neutral when it was adopted in the 2018 Farm Bill. However, the government’s COVID-19 response created unprecedented price volatility in milk and dairy-product markets that produced disorderly fluid milk marketing conditions that so far have cost dairy farmers nationwide more than $750 million from what they would have been paid under the previous system.”

NMPF and IDFA suggested and agreed to the Class I pricing change during 2018 Farm Bill negotiations, and no hearings were held before the FMMO method for calculating the ‘mover’ was implemented in May 2019.

Mulhern went on to say that the arbitrary low limits on covered milk production volume mean many family dairy farms will only receive a portion of the losses they incurred on their production last year.

“Disaster aid should not include limits that prevent thousands of dairy farmers from being meaningfully compensated for unintended, extraordinary losses,” Mulhern said, adding that NMPF is “continuing discussions about the current Class I mover to prevent a repeat of this problem.”

For its part, the American Dairy Coalition has been facilitating nationwide discussions with other dairy groups on the dairy pricing, de-pooling, negative PPD losses and risk management impacts since last winter, including a letter signed by hundreds of dairy producers and organizations sent last spring to NMPF and IDFA seeking a seat at the table on solutions for the concerns about the Class I ‘mover’ change and supporting a temporary return to ‘the higher of’ until other methods can be appropriately vetted with a hearing process.

ADC’s nationwide discussions brought attention to this issue and contributed to Senator Kirsten Gillibrand and 20 other U.S. Senators sending a letter to Agriculture Secretary Tom Vilsack seeking financial assistance for dairy farmers for these milk price value losses. A dairy situation hearing is anticipated in the Senate Subcommittee on Dairy, Livestock and Poultry that is chaired by Sen. Gillibrand.

— The Aug. 19 Class I volatility program announcement also mentioned $400 million for the Dairy Donation Program. The DDP implementation process was announced Aug. 25.

— In addition, USDA announced on Aug. 19 an estimated $580 million in Supplemental Dairy Margin Coverage (DMC) to allow “modest increases” in the production history of enrolled dairy producers up to the 5 million pound annual production cap for Tier One coverage. Specific details for adjusting DMC production history have not yet been provided.

— Additionally, USDA announced the inclusion of premium alfalfa prices in the calculation of the feed cost portion of the DMC margin.

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