Surprise. Surprise. Whole Milk is on the rise!

… Even in the face of massive opposition by USDA, DMI and others

Editor’s note: Farmshine contributor Sherry Bunting continues her opinion and analysis on where the milk bus is heading and some thoughts on what to do about it.

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By Sherry Bunting, Farmshine, Friday, January 17, 2020

BROWNSTOWN, Pa. — Activist non-governmental organizations (NGOs) are increasingly driving the milk bus as dairy industry organizations, checkoff organizations and government agencies partner with entities such as World Wildlife Fund (WWF) on dietary and sustainability goals.

The leaders who are working with NGOs and government agendas long enough might think they speak for us as consumers, as society. They don’t. But through our organizations partnering with them, they ultimately and incrementally not only speak for us, they are driving the bus.

If we are listening, we’ve heard the model described by industry experts and thought-leaders in articles, at conferences, and in roundtable discussions: Build huge cheese and protein ingredient plants at designated growth locations. Innovate with ultrafiltration and reverse osmosis technologies. And begin to balance the export-driven dairy industry focus and consolidation by transporting ultrafiltered solids “more sustainably” – minus the 88% water portion – and do the reconstitution, extended shelf-life and aseptic packaging on location in the regions that are currently fluid-milk-centered markets, such as the Southeast, Mid-Atlantic and Northeast.

Rampant supermarket loss-leading on fluid milk by the nation’s largest retailers on one hand, with USDA-regulated farm-level price enforcement on fluid milk on the other hand, has produced the vice-grip in which the fluid milk sector has found itself over the past four to five years in particular.

Dairy producers were in the grip the past five years, but now that farm-level prices have ticked a bit higher the past five months, fluid milk bottlers suddenly find themselves unable to weather the margin compression, as we see in the recent high profile bankruptcy proceedings of Dean Foods and Borden, not to mention the smaller companies along the way.

As long as producers were the ones receiving the ugly side of the stick, the conversation could be generally centered on “too much milk” or “market forces” or “trade and tariffs.”

Now that farm-level milk prices have moved up (even though export volume was down), the unsustainable, low-margin, commodity treatment of fresh fluid milk is being seen as a primary factor fueling fluid milk processor bankruptcies – for those looking into these issues more deeply. In fact, checkoff leaders cite the milk bottler bankruptcies as proof that milk should be reinvented. Some have gone so far as to say — in presentations to industry groups — that the goal of innovation is to “move consumers away from the habit of reaching for the jug and toward these new and innovative products.”

While per-capita milk sales have been declining for 45 years, the past 10 years have seen faster rates of decline. This has been no accident. From dietary guidelines, to checkoff’s government speech requirements, to memorandums of understanding, to sustainability objectives, dairy’s own national checkoff organization has partnered with USDA, WWF, and others to move milk in a different direction – yes, intentionally.

Meanwhile, consumers are showing a thirst to know more about milk nutrition, and they are responding by buying more whole milk even in the face of this extreme neglect and alternative direction.

Case in point. While Coca-Cola, now 100% owner of fairlife, cites double-digit growth of the its 3% market share, the USDA Class I packaged milk sales show a different perspective.

The most recent report for October shows that the “other fluid products” category had year-to-date volume growth of over 300% but amounts to just 269 million pounds (10 months) — less than one percent (0.7%) of market share.

Meanwhile, whole milk’s growth for year-to-date volume of 12.5 billion pounds comes in at just under 1% (0.9%) on 33% of market share, which makes fresh whole milk the top VOLUME gainer this year, and it has surpassed sales of 2% reduced-fat milk.

Flavored whole milk is also growing by double-digits some months, with year-to-date sales through October of 629 million pounds – up 8.9% on 1.7% market share.

Under Organic brands, whole milk sales are up 4.4% year-to-date, with 412 million pounds representing 43% of organic milk market share.

Consider this: While whole milk is prohibited in schools and daycare centers, and it goes virtually un-promoted and is often poorly stocked in the dairy case, those sales still manage to be the largest volume growth category under all of these constraints.

Innovation can be good, but the fact remains that whole milk naturally meets many of the desires consumers have even though labeling makes its fat percentage a mystery, and even though it has to overcome a low-fat and fat-free promotion campaign pitted directly against it… In the face of all of that, whole milk’s growth is not too shabby.

In short, fresh whole fluid milk has the potential to solve many of the problems it was previously blamed for in diet and health trends, and it has a ‘clean’ label and local sourcing and flavor and nutrition going for it.

Whole milk checks all the boxes.

Trouble is, if whole milk sales grow faster, then the best laid plans for using innovation and sustainability and dietary edicts to lead farmers and consumers into dairy industry structural transformation would be in jeopardy.

What can be done? What can be accomplished?

Get USDA’s attention. Get the attention of the Administration and Congress and hold industry leaders accountable for the following steps:

Federal Order price reform has never been more needed. The regulated value center is mostly on the diminishing Class I fluid milk sector. That’s a big weight to carry. Many of the innovations and reinventions of fluid milk beverages are not even Class I. Small regional entities wanting to get into the fresh fluid Class I milk market have difficulty doing so because they must – in effect — pay the cartel. Now the recent bankruptcy and potential sale of Dean Foods’ assets to DFA, suggest we could see an even bigger cartel.

In that scenario, an even larger national footprint entity would run the table, deciding how fluid milk markets will be supplied, with what product mix, and from what plants. DFA CEO Rick Smith has already indicated some Dean plants should be shut down. DFA president Randy Mooney in his address at the DMI / NMPF convention a week before the Dean bankruptcy was announced said dairy resources should be consolidated to focus on plants that “make what consumers want”, instead of having “plants on top of plants” in a region.

Add to this the push to normalize ultrafiltration in FDA standards of identity for all sectors of dairy beverage and product development and production, and we see the stage being set for meeting “sustainability” objectives by removing water from the transportation scenario and moving more milk from designated export-growth areas into the markets with higher Class I utilization at a lower cost.

In effect, this trend would use the fluid milk markets to physically and financially ‘balance’ the designated growth regions and huge protein export plants more freely — weakening the position of farms operating in those Class I utilization markets.

Transportation cost is already diluted to where it is not the equalizer it should be for regional milksheds to take local milk first. Ultrafiltration and reinvention of milk in the name of innovation is all coming from the Sustainability Council of DMI’s Innovation Center for U.S. Dairy. At a certain point, the trend – especially with the help of the world’s largest players in ultrafiltration including Coca-Cola – make location and transport even less relevant with milk’s 88% ratio of water taken out of the transport equation. These trends need full and transparent discussion instead of creeping along quietly under the mantra of “innovation” and “sustainability.”

Uphold standards of identity, not just the plant-based deal on the left hand that we are all watching so intently. While the industry talks about FDA’s milk standard vs. the imitations, the right hand is busy behind the scenes working on other dairy identity standards to make changes.

One such change is getting FDA to overlook reconstitution of milk solids with water on long-haul transport. This is a step that could enable Class I fluid milk markets to become the balancer for the huge commodity export plants that are being built in designated growth centers, and which get the make allowances built into manufacturing class prices.

Cheaper transport of excess milk – without the water — into Class I FMMOs would, and potentially is, allowing those suppliers to use eastern fluid markets as the export plant balancers.

Draw a line in the sand with a retail minimum on fluid milk. This step is necessary, at least as an interim step until the larger pricing issues have a full airing. A simple $2/gallon line in the sand certainly allows for capitalistic free markets while stopping the supermarket insanity that makes milk the Cinderella-sister that all other dairy case beverages, dairy and non-dairy, market off the back of and are free to make and keep the profit at milk’s expense.

Unless Walmart and Amazon and Kroger and others want to eat their own loss-leading decisions, themselves, they should not have the ability to price milk at $1.50, $1.15, 99 cents, 67 cents per gallon. This is crushing the supply chain and further diminishing milk’s stature.

Stop dumping skimmed milk on our kids. We’ve already lost at least one generation of milk drinkers, simply allow whole milk at schools for all the reasons that have been written about over and over in Farmshine. It’s also what is right for our kids.

Stop forcing producers to pay a checkoff tax that promotes government speech, and aligns with NGO-influenced government agendas on the future of food. At the very least, allow regions and local entities to keep and target all of their checkoff funds to promote what is made with their milk and to promote sustainable regional supply chains and food security.

Ask checkoff leaders to start promoting all milk instead of using the qualifiers “low-fat / fat-free.” Stop beating everyone over the head with the familiar “fat-free and low-fat” refrain. It’s not helping farmers, and it’s certainly not helping the health and obesity crisis, and it clouds the healthy choices consumers are able to make – once they learn the truth.

This is just a start.

 

Borden second major milk co. in 60 days to file Chapter 11

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‘Business as usual’ motions face lender objections over how cash reserve is accessed and used. Judge grants Jan. 7 ‘interim’ relief with authority to pay pre-petition ‘critical vendors’, including producers supplying milk. A hearing on the final order in regard to critical vendor payments and cash management is set for Jan. 23.

 By Sherry Bunting, Farmshine, Friday, January 10, 2020

WILMINGTON, Del. — Citing unsustainable debt, including pension funds, negative dairy industry trends, fluid milk category declines as well as margin pressure in a loss-leading, commodity-driven market, the Borden Dairy Company, based in Dallas, Texas, but organized in Delaware, became the second major fluid milk bottler in the past 60 days to file for Chapter 11 bankruptcy protection.

Unlike the November Dean Foods filing with intentions to sell assets, Borden states its intentions are to use the Chapter 11 process to restructure its business for the future.

The company seeks to combine the bankruptcy filings of its 12 affiliated milk plants and one transport company stretching from Texas to Florida and north to Ohio under Borden Dairy Holdings LLC, owned by Acon Investments LLC,which had recapitalized these assets as recently as 2017 when purchased from Laguna Dairy after they were spun off from Grupo Lala.

Processing 500 million gallons of fluid milk annually for customers including supermarkets and schools, Borden employs 3300 people at milk plants in Alabama, Florida, Georgia, Kentucky, Louisiana, Ohio, South Carolina, and Texas. Milk is supplied by dairy producers and milk cooperatives in these and other states.

In addition to licensed brands Borden and Poinsettia, other brands involved include Coburg, Dairy Fresh, Dairymens, Flav-O-Rich, Kid Builder, Saba Sunburst, Sallie’s Southern Tea, Sunburst, and Velda. DFA separately owns the Borden brand license for cheese.

In Delaware District Bankruptcy Court, Wilmington, Judge Christopher S. Sontchi heard Borden’s first day bankruptcy pleadings on January 7.

“Concurrent to the decline of the number of milk producers, dairy processers have seen bottling margins decline due to competitive pressures from milk suppliers and large (and sometimes vertically integrated) customers. Couple this with the fact that … consumption has steadily declined, and it is no surprise that Borden and other dairy suppliers (such as Dean Foods) have begun to feel the same negative effects that have plagued dairy farmers for the past decade,” said Borden Chief Financial Officer Jason Monaco in his declaration with the court.

While all expected motions were filed to allow Borden to continue ordinary business while restructuring under bankruptcy protection — including motions to use a cash deposit reserve to pay pre-petition critical vendors such as dairy producers — attorneys for unsecured creditors objected Tuesday.

The lenders argued that, “(Borden) should not, and cannot, be allowed to use chaos of their own making to distract from the clear facts. There is no economic justification for… sudden chapter 11 filings, and the debtors cannot use the lenders’ (cash) collateral to finance an attempt by Acon to re-trade the out-of-court transaction,” that the parties had previously been negotiating.

The unsecured lenders contend that the bankruptcy filing occurred virtually on the eve of their out-of-court terms being ready for signatures. They contend that the $30 million cash deposit reserve is collateral and that other cash collateral Borden seeks access for operations are “insufficient.”

Acknowledging the importance of Borden continuing operations to preserve equity for all parties, the objecting lenders seek various protections from the court, including a position of consent with some oversight of budgets for the use of cash reserve and payment to critical vendors, including milk producers.

A day earlier, Borden CEO Tony Sarsam cited major milestones for Borden last year, including the revival of its spokescow Elsie, the brand’s reintroduction in Ohio and the launch of several innovative products such as state-fair inspired milk flavors and a new Kid Builder flavored milk line using 2% milk and containing 50% more protein and calcium with no added sugar.

Sarsam also explained in a press release that the company “continues to be impacted by the rising cost of raw milk and market challenges facing the dairy industry” that have contributed to “making our current level of debt unsustainable. He said ultimately, reorganization through court-supervision was the only solution “for the benefit of all stakeholders.”

Court documents reveal that Borden reported 2018 consolidated net sales of $1.181 billion with gross profit of $292 million but experienced operational income loss of $2.6 million and total net income loss of $14.6 million. These losses continued into 2019, with reported operational income loss of $22.3 million and total net income loss of $42.4 million from January 2019 through December 7, 2019, according to court documents.

Borden maintains that its situation differs from the Dean Foods bankruptcy.

“We believe that, from an operational standpoint, we are in a much better position than Dean Foods. Borden is EBITDA-positive and growing, which means we have solid earnings and are healthy,” Sarsam said in a public statement. “Borden intends to continue operations and strengthen our position … whereas Dean Foods announced its intention to sell substantially all of its assets. We are confident that, once we fix our balance sheet, we will be equipped to win together in the market.”

Documents also note Borden’s “need to raise new investor capital” to “continue to innovate with new products, modernize our facilities and equipment and improve Borden’s ability to compete in today’s market.”

The bankruptcy process is still in preliminary stages with more than 45 items filed on the docket within the first 48 hours.

Stating that this bankruptcy reorganization will not affect dairy producer contracts, Borden announced on Jan. 5 that it fully expects business as usual and to move quickly and efficiently through the bankruptcy process.

However, on Jan. 6 and 7, unsecured lenders filed the objections to many of the motions that would allow business as usual – creating potential ripples in that scenario.

As of Wednesday afternoon, Jan. 8, a signed interim order from the Jan. 7 hearing authorizes Borden to maintain its cash systems and bank accounts and provides interim relief to pay certain pre-petition obligations, such as payments to ‘critical vendor,’ including milk suppliers.

A hearing on the final order in regard to critical vendor payments and cash management is set for Jan. 23.

In the meantime, dairy producers supplying milk to Borden plants, are advised they may need to file a proof of claim with the court to be eligible for payment or otherwise consult an attorney for guidance.

The company’s claims agent, Donlin Recano, can provide appropriate forms once a deadline for filing claims has been set by the court. For more information on that, dairy producers can call the Borden restructuring information center toll free at 1 (877) 295-7345 or e-mail bordeninfo@donlinrecano.com.

A special Borden restructuring website contains various documents, including one that answers questions for raw milk suppliers at https://www.bordenfinancialreorg.com/

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Milk education ‘heroes’: How 97 Milk came to be

AUTHOR’S NOTE: With proof of concept in place, the support of farmers and community running strong (see graphic), and the public response rewarding these efforts, there is something powerful here with the 97 Milk effort, and it is just the beginning. 

By Sherry Bunting from Farmshine, October 23, 2019

RICHLAND, Pa. — One farmer. One roundbale. And six painted words — Drink Whole Milk 97% Fat Free.

The excitement of the 97 Milk effort is contagious. What started with Nelson Troutman’s first painted roundbale in Richland, Pa., has rapidly multiplied into community-wide and nation-wide milk education efforts aimed at consumers on one hand and policymakers on the other.

Nelson Troutman placed his first “Milk Baleboard” in a pasture by an intersection.

By February, retired agribusinessman Bernie Morrissey of Robesonia found five businesses to pay for the first 1000 magnetic 12” x 12” vehicle signs with the same message. Since then, more companies have joined in and some of the original businesses have printed more.

As legislators began to take notice, Morrissey and Troutman assembled a grassroots Pa. Dairy Advisory Committee of 10 farmers that meet monthly in person or by teleconference and interact with lawmakers, including the petition effort to bring whole milk back to schools. More agribusinesses joined in to help fund their expenses.

Then, 4’ x 6’ banners were created for places of high visibility and an effort to place them at stores is underway. A September Farmshine cover story helped spread the word. Morrissey reports the banners “are going like hotcakes” with additional businesses joining in to print more.

Another effort was underway simultaneously, when Rick Stehr invited a diverse group of farmers to a February meeting in Lancaster County to talk about milk education beyond the bale. Today, the joint efforts work together like two well-oiled machines comprised solely of volunteers.

Stehr recalls getting questions back in January. He invited Morrissey to talk about the milk baleboards at R&J Dairy Consulting’s winter dairy meeting. Noted expert Calvin Covington was the keynote speaker that day, and he told the 300 dairy farmers that promotion needs to focus on domestic demand, and that “we in the dairy industry need to talk about milkfat and not hide behind it not wanting things to change. Consumers want that taste, and we’re not talking about it,” he said.

Morrissey then told the crowd about Troutman’s “Drink Whole Milk 97% Fat Free” roundbales that were just starting to multiply at farms and businesses after a cover story appeared in Farmshine.

“As I talked with non-ag people, I realized many of them didn’t know quite what it meant,” says Stehr. “I thought the missing link is education. We needed to educate the public.”

Nelson Troutman and Jackie Behr prepare for a television interview about 97 Milk.

Stehr’s daughter Jackie Behr has long believed milk sales suffer because milk education is missing. She has a marketing degree from Penn State and experience in non-ag positions before becoming R&J’s marketing manager.

Even Behr was surprised by her February focus group interviews with non-ag friends. “I was blown away by the obvious gap between dairy farms, milk nutrition and consumer perception,” she reports.

Behr shared the focus group responses at a February meeting of farmers that included Troutman. “It was an obvious eye-opener for everyone. These were educated women responding to my questions. How did we miss so much milk education all of these years?” Behr wondered.

They not only had zero knowledge of milk’s nutrition — other than calcium — their minds were full of information that was just plain false.

They said they drank organic milk because they ‘didn’t want to drink all those hormones.’ Or they chose almond beverage ‘because there are no antibiotics in it.’

“The biggest misconception is how much fat they thought was in whole milk. Just like Nelson’s been saying. And when you tell them whole milk is standardized to 3.25% fat, their response is ‘Oh, wow!’ That alone is big,” says Behr.

Her marketing savvy kicked in. Ideas for a website were kicked around with obvious choices already taken.

Then one attendee said: “How about 97 Milk?”

It fit. And it captured attention. By the second meeting, they were ready to establish 97 Milk LLC and chose a volunteer board of Lancaster County farmers Mahlon Stoltzfus, Lois Beyer, Jordan Zimmerman and Behr, with GN Hursh serving as chairman.

The website was up and running by the end of February with a Facebook page (@97Milk) that has gained more than 8,500 followers in less than eight months and a weekly average reach of over 150,000. Individual posts have reached up to 1.2 million through thousands of shares and hundreds of interactions. Twitter (@97Milk1) and Instagram (@97Milk) are also active.

Behr says it all stems from what Troutman started, and he was happy to add 97milk.com to the bales with Morrissey making sure the website appears on signs and banners.

“To get someone to change their mind, you have to get the facts in front of them,” Behr observes. “We’ve got three seconds in front of their eyes to leave information that plants a seed.”

With some content help from others, Behr comes up with ideas, designs and coordinates Facebook posts six days a week.

The result? “People are shocked and come back and say, ‘I had no idea,’” Behr explains. “I am in the industry, and even I have learned so much about milk that I didn’t know before.”

“Now that 97 Milk has become a tool used by dairy farmers to educate the public about our product, the conversations that are happening are only the beginning,” Stehr observes. “We could have 97 Milk boards across the nation.”

As interest builds, 97 Milk LLC is looking into how different geographies could have their own chapters, with the website and materials providing some continuity.

“That’s where the power is, with the producers in each community or state,” says Stehr.

He credits Troutman and Morrissey for getting everyone’s attention and believes what they are doing creates the opportunity for the ‘beyond-the-bale’ education piece carried by 97 Milk LLC.

“The word milk has been used liberally, and the understanding of what it is has been diluted,” says Stehr. “We let that happen over the past 30 years and did nothing about it. We let them bash our product. Now we are educating people that the fat in milk is not bad, that there’s not 10% or 50% fat in whole milk, but 3.25%, that there is complete protein in milk and all of these other good things.”

From the baleboards, vehicle signs, banners and communications of the grassroots Pa. Dairy Advisory Committee, to the website, social media and educational events of 97 Milk LLC, a common bond unites these efforts — Troutman’s practical courage when he painted the first roundbale because he was frustrated and had had enough.

“We have lost market share, why? Because people don’t know what milk is and they don’t know what it tastes like,” says Troutman. “By promoting whole milk, we are opening their eyes and their tastebuds.”

While national co-ops think it’s “innovative” to develop a low-fat milk and nut juice blend, those involved in 97 Milk believe the response they see from diverse consumers tells a different story.

“People want to feel good about the products they are buying. The goal of 97 Milk is to share education, to share the dairy farmers’ stories,” says Behr. “You don’t pick up health magazines and see the benefits of milk. People need to see that positive information because they don’t know what milk provides.”

The Dairy Question Desk at the website fields a steady stream of five questions per week and when social media is included, 97 Milk fields 5 to 20 questions a day.

Every one of Behr’s original focus group have switched to whole dairy milk. The experience so far shows her consumers know very little about milk and have a real willingness to learn.

“All of our messages are simple. One fact. An infographic that’s simple to understand and that people can relate to,” says Behr. “Even if we have their eyes for just three seconds scrolling through, that little seed is huge.”

The posts fill other gaps. Behr believes people want to see that dairy farmers love their cows, that they care. The baleboard sightings and “cow kisses” have poured in for posting from several states.

The posts also help consumers fulfill a desire to be connected to their food, to buy local, and to support family-owned small businesses. “The simple fact that 97% of dairy farms are family-owned is a post that generated a lot of activity,” says Behr.

While she sees the environmental discussion as being big right now, she attributes this to the vegan activists driving it. By contrast, the 97 Milk facebook data and demographics reveal that 90% of consumers really want to hear about the health benefits, according to Behr.

She gives the example of the popular “yummy yogurt” infographic posted last week. It was visually attractive and simply listed a few health benefits.

“We get a few facts out on an infographic, and if you’re kind of hungry — or a mother like me trying to find healthy snacks for my kids — it hits,” says Behr. “It’s the simple things that get milk back in and help people feel good about buying milk products.”

The support from the agriculture community, and others, has been overwhelming.

“When someone calls, who you’re not even working with, to complement the work Jackie is doing, that’s rewarding,” says Stehr.

“When you see the response of a person in your community finding out they can drink whole milk and they really like it, that’s rewarding,” says Troutman.

“When legislators hold up a sign, or want their picture taken with a baleboard and say ‘this is the best thing going in dairy right now’, that’s rewarding,” says Morrissey.

“When people write into the Dairy Desk and we can answer their questions, that’s rewarding,” says Behr. “But most rewarding is hearing the excitement, seeing dairy farmers wanting to be involved, understanding the importance of marketing and seeing the results of getting involved. Receiving a simple note thanking us for positive messages, that’s rewarding.”

97 Milk LLC raised funds from more than 20 local and national businesses (see graphic) to cover expenses for the website and printed materials, and they’ve worked with Allied Milk Producers to have milk and dairy products available for parades, corn mazes, and other venues.

Meanwhile, individuals and communities take it upon themselves to paint bales, print bumper stickers, make signs, incorporate the message into corn maze designs, hometown parades, create farm tour handouts, initiate milk tents at athletic events, and more.

Young people are enthusiastic: FFA chapters, 4-H clubs and county dairy maids are printing their own banners and carrying the message at diverse public events. They love participating because it is real milk education, sharing the truth about milk and the life and work of America’s dairy farming families.

Morrissey and Troutman get calls from other states for banners and car magnets, and they’ve sent to these states at cost. Locally, the businesses paying for printing these items are giving them away (see graphic).

Behr has also designed items with the 97 Milk website logo, cows and farm scenes. These files are on the download area at 97milk.com and can be used to make banners, yard signs, license plates, bumper stickers, educational handouts, and more.

Troutman has added new baleboards for community events, including one that reads: Ask for Whole Milk in School. He and Behr recently did a television interview with a local PBS station.

Both the grassroots Pa. Dairy Advisory Committee and the 97 Milk LLC are running on shoestring budgets from donations (see graphic) with all volunteer effort, and the grassroots are blooming where planted to multiply the impact in ways too numerous to mention.

As a glimmer of hope, fluid milk sales nationally were up 0.2% in July, the first year-over-year increase in decades, with whole milk up 3.6% and flavored whole up 10.4%. Stores surveyed in southeastern Pennsylvania, where 97 Milk began, say whole milk sales are up significantly since January. It is also notable that many stores don’t seem to be able to keep enough whole milk on the shelves — a nationally obvious phenomenon.

Also being promoted is the petition to bring whole milk back to schools. This week, the online petition ( https://www.change.org/p/bring-whole-milk-back-to-schools ) topped 8000 signatures, plus 4000 were mailed in envelopes for a first-batch delivery in Washington Oct. 24, with a second batch goal to double that by January.

Reflecting on the past 10 months, Troutman says, “I thought if they’re not going to do it, someone has to, and here I am.”

And he’s happy. “Really, I’m thankful, thankful for so many who are helping make this work.” 

To contact the grassroots Pa. Dairy Advisory Committee about banners, magnetic vehicle signs and baleboards, call Bernie Morrissey at 610.693.6471 or Nelson Troutman at 717.821.1484.

To contact 97 Milk LLC about spreading the milk education to other communities, email 97wholemilk@gmail.com or call Jackie Behr at 717.203.6777 or write to 97 Milk LLC, PO Box 87, Bird in Hand, PA 17505, and visit www.97milk.com, of course.

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Hoffman Farms: ‘We do what we can to promote milk education’

By Sherry Bunting for Farmshine Nov. 8, 2019

Tricia (Hoffman) Adams planned her educational exhibit for months ahead of a multi-county cross country meet at the farm on October 15.

SHINGLEHOUSE, Pa. — Educating the public has long been a passion of the Hoffman family at Hoffman Farms in Potter County, Pennsylvania. The school and home communities of the two generations (five families) involved in the 1000-cow dairy are on both sides of the Pennsylvania / New York boundary.

In fact, Tricia (Hoffman) Adams gave a presentation back in 2006 on how they set up the learning components of their school tours at a Women in Dairy Conference that year. Attendees were inspired to find ways to invite the community in, and the family was later recognized with a Pa. Pacesetter Award in part because of progressive operations on the farm and in part because of their commitment to educating the community about milk and dairy farms.

Today, with tours, community events, a facebook page and the next generation so involved in school clubs and sports activities — in addition to showing dairy animals and market steers and pigs — the family has become a recognized source for their community to ask questions about dairy, livestock and agriculture, in general.

Earlier this year, the Hoffmans were among the many farms painting round bales and placing them in visible areas with the Drink Whole Milk 97% Fat Free message. They have always served whole milk, along with other dairy treats, when schools and community groups tour the farm. The Baleboards drew attention and gave Tricia an opening to answer questions people didn’t even know they had!

She reports that the schoolchildren on tours last spring loved the ‘milk baleboards’ and wanted their pictures taken with the “cool” roundbales.

In fact, the 97 Milk effort has revitalized Tricia’s educational resources, she says. She and her father Dale Hoffman are also both serving on the grassroots Pennsylvania Dairy Advisory Committee.

In September, Tricia worked with two vendors — Dan Rosicka of Progressive Dairy Solutions and Country Crossroads Feed and Seed to help share the good news about whole milk. Each vendor purchased 50 of the 12-inch x 12-inch magnetic vehicle signs with the 97 Milk message and website to make available in the community.

Tricia also acquired a 4-foot x 6-foot banner as well as other materials with the 97 Milk message and milk education information.

And then she added her own flare. She had been thinking about it and working on it on-and-off since summer. The farm was hosting a multi-school championship cross-country meet in October, and she was providing the “recovery” beverages – whole milk and whole chocolate milk — and other goodies.

“I’m not one to sit around and wait for help,” says Tricia. Like other dairy producers she is frustrated with the negativity surrounding milk and meat. “I am upset that our children have to suffer in their school diets, with the lack of milk choice and the meatless days. I decided our farm will do what we can to promote the ag industry through ag education, ag awareness and ag positivity!”  

Each time Hoffman Farms is asked to donate money to a school club or a team sport, they donate dairy products instead — “with a side of education,” says Tricia.

For the North Tier League Championship Cross-Country Meet on October 15 at Hoffman Farms, Tricia set up two tents and tables. In addition to the 97 Milk banner, she had a Chocolate Milk Refuel and Recovery banner. For the “side of education,” she created a large cutout cow and numerous ‘spots’ with questions and answers.

As a farm that buys their own materials for these events and tours, Tricia feels strongly that whole milk products should be served and serves them when the events are after school or at the farm so that the schools are not jeopardized in any way due to the flawed diet rules they have to live by during school hours.

She reports that the young people (and adults) say they look forward to having “the good milk.”

“Whole chocolate milk as a recovery drink after a race, whole milk cheese sticks or toasted cheese sandwich supplies to add to a sports concession stand — whatever helps our industry and our future generation of students is what we are going to focus on,” Tricia explains.

She’ll admit that some days, “It feels like an uphill battle, but we have had many clubs, organizations and businesses wanting to help as well,” says Trica.

“At the end of the day, I’m not sure how many people will benefit or even how much I can change, but I would rather try by doing something constructive.”

Three generations are involved in the award-winning 1000-cow dairy at Hoffman Farms in Potter County, Pa. The farm was founded by Dale and Carol Hoffman with 30 cows. Today their daughter Tricia and sons Keith, Brad, and Josh have transitioned into leadership and a third generation is also involved.

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Mixed feelings prevail after Expo

There were plenty of new things to see among the 859 trade show vendors, but the trade show was down a bit from 887 businesses exhibiting a year ago. Attendance was reported at just over 62,000, down from over 65,000 a year ago and over 68,000 two years ago. International attendance at 2,133 people from 94 countries last week was off by about about 200 compared with a year ago and 500 fewer than two years ago. Photo by Sherry Bunting

By Sherry Bunting, Farmshine, Friday, October 11, 2019

MADISON, Wis. — On the business side of the 53rd World Dairy Expo last week, I came away with feelings as mixed as the weather — gloomy skies and a deluge of rain at the beginning of the week gave way to sunny skies and brisk breezes at the end.

There were plenty of new things to see among the nearly 859 trade show vendors. Annual attendance is reported at around 62,000. U.S. and international attendance did appear to be down from previous years. 

For many, the first three days of the show felt slow in comparison even to last year. Some observed that the steep loss of family farms over the past 18 months was “being felt” at Expo.

Some pointed to the weather as heavy rains produced flooding Tuesday into Wednesday. 

Others blamed the discouraging — and twisted — headlines that came out of a town hall meeting with U.S. Secretary of Agriculture Sonny Perdue at the start of the week. The town hall was attended by around 200 dairy farmers, agribusiness representatives and organization leaders, along with dozens of reporters and television cameras.

What followed the hour of honest and detailed discussion (reported here as in Farmshine last week) were press accounts that warped Sec. Perdue’s comments and went viral through the wire services, starting with the Washington Post and Chicago Tribune and continuing into various agricultural press.

By Thursday, Wisconsin Farmers Union had sent op-ed responses to high profile news outlets, taking on the Secretary for his supposed comments about how we supposedly do things in America.

The stage was effectively set to cast the current Trump administration as purveyors of a factory farm model, attributing to the Secretary a proclamation that, “In America, the big get bigger and small get out.” This is now playing right into the hands of Democratic presidential hopefuls who are pal-ing around with HSUS in the Midwest, pretending to care about cows, farms and fly-over country.

Well, maybe some Democrats do care, but we know HSUS does not, and we know what the purveyors of the Green New Deal think of our cows. That’s another story.

Trouble is, the Secretary never said the words that have started this chain reaction. Or, at least, not in the order in which his words were parsed together in print.

You see, many other words were omitted. Context is everything.

From the sidelines and super busy with other pursuits at the Expo — but having attended the town hall meeting in person and having written my own coverage of the event in last week’s Farmshine — I began to see the headlines erupting on social media as share upon share made the news travel rapidly from Tuesday into Wednesday and then it was off to the races.

I began wondering how I could have missed such a derogatory comment. And I learned by Friday that, no, my notebook and partial recording had not failed me. Full transcripts were released by other reporters — providing that important context.

Transcripts showed clearly that the offending quote from Sec. Perdue was pulled from a very long and detailed response to a question and spliced together to make new statements. Not only is context everything, so is punctuation.

Too late, the discouraging and depressing headlines continued to beat small and mid-sized family farmers over the head all week. They began to feel as though even the USDA could care less about their survival – wanted them gone in fact to make way for “factory farming.”

The narrative was discouraging and many farmers confessed to me just how it made them feel. Several said reading those words made them feel like – why bother even going to Expo?

“Stick a fork in us. We’re done, according to Perdue,” a Wisconsin dairy farmer said to me Thursday.

Bad enough that the headlines erupted after Tuesday’s town hall were discouraging. Worse, that they were false in what they signaled to family farms. But there is also much truth in Sec. Perdue’s observation. He was describing “what we’ve seen in America,” not making a proclamation of how things will be done in America.

And the advancements in science and technology ARE what we have seen in America. Yes, they help smaller farms too, but it is science and technology that are contributing to the progress that is allowing rapid consolidation to take place.

For the record, I am pro-science and pro-technology and pro-innovation. But I also believe we are at a crossroads where it has gone so fast and so far, that we need to walk back and look at outcomes and impact and have a national conversation.

Just one day after the Expo closed, Land O’Lakes CEO Beth Ford and member farms like Dotterer’s Dairy, Mill Hall, Pa. were on CBS 60-minutes talking about how high-tech dairy is today and the market challenges being faced by dairy farmers at the same time.

The twisted quotes from Tuesday’s dairy town hall meeting at Expo gave the impression that Trump’s USDA is proclaiming a factory farm model for the future of agriculture. In a sense, as we embrace rapid technological advancement, we are embracing that transition. These are inescapable facts that must be sorted out and dealt with.

The Secretary was merely observing the reality of what has been happening in America’s rural lands with increasing speed over the past decade.

While some of Perdue’s specific answers to specific questions were disappointing and other responses were encouraging, none of those specifics were reported elsewhere with any attention. All attention was placed on the twisted quote.

We have a Secretary who can see what is happening and who can have an honest discussion about it, while being pragmatic about what the potential solutions are that can be accomplished without the help of a paralyzed Congress.

No matter what we think of Dairy Margin Coverage, it was put in place to help smaller farms withstand these difficult times and figure out their place in the future. That’s just reality.

At the same time, what was lost in those press reports is we have a Secretary that at least took time to cheer-lead for the small and mid-sized family farms by using his bully pulpit to advocate for whole milk in schools. No one picked up on that, except for Farmshine.

Perdue also touted “local” food as a way to bring value back to farms. I haven’t seen any other press reports talk about that.

Most reporters ignored those thoughts. They also ignored the fact that the stage for the rapid consolidation in dairy — that is occurring today — was set 10 years ago under former Secretary of Agriculture Tom Vilsack, who today has his salary paid by dairy farmers through their mandatory checkoff as president and CEO of the U.S. Dairy Export Council and defacto leader of the Innovation Center for U.S. Dairy that is streamlining “U.S. Dairy” through various checkoff funded innovations and programs.

Think about this for a moment: U.S. dairy has progressed with technological advancements that are unparalleled in the world. American farmers have always looked to technology and to the future to produce food for the growing population and to be good stewards of the land.

It is the love of science and technology – along with the love of cows — that draws throngs of U.S. and international visitors to the World Dairy Expo each year. They want to see what’s new. They want to learn from each other. They want to make progress to do more with less.

Technology allows farmers to do more with less. That has meant producing more food from fewer cows. At some point it also means producing more food from fewer farms.

Perhaps it is time to not just praise science and technology with the eagerness of children on Christmas morning, but to have an honest conversation about where science and technology are leading the food industry. 

Sec. Perdue was not very well informed when it came to the topics of fake meat and fake milk that are ramping up through USDA science and technology into cell-cultured and DNA-modified yeast factory vats and bioreactors. Instead of talking about factories replacing farms, he stated that “consumers will choose”, and he said currently those who are choosing fake meat and fake milk aren’t consuming the real stuff anyway.

That was the short-sighted comment that raised my eyebrow, not the parsed-together quote about big and bigger.

It’s time to dig into the structure of things.

Perhaps the real concern and conversation to be addressed is the structures and alliances that have been formed over the past 10 years as they are now coming to light. In former Secretary Vilsack’s talk at Expo about exports and dairy innovation, and in DMI’s workshop about what’s on the horizon, my initial impressions are that we are at a place where the industry is speeding up innovation and wanting more latitude on standards of identity at a time when we should be saying: “let’s push pause please.” 

The race to feed the world has produced immeasurable waste and loss already, will it now change the face of agriculture forever?

Where is science and technology supportive for the family fabric that has made our food production the envy of the world? And where is science and technology promoting a path that leads us away from that model of food production to take it out of the hands of many families enriched by competitive markets and put it into the new emerging models of fewer hands, consolidated markets and lack of competition.

Don’t blame Secretary Perdue for these wheels that have been in motion. Don’t expect the government to solve it. But what we can do is have the honest conversation, ask the questions, hold leaders accountable, and move the needle far enough to provide a more level field of play for the small and mid-sized family farms. 

You can count on Farmshine to break away from the narratives on both sides of this thing to do exactly that.

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U.S. Ag Secretary Perdue: Small farms face difficult times

U.S. Secretary of Agriculture Sonny Perdue (right) and Wisconsin Secretary of Agriculture and Trade Brad Pfaff field questions and take in comments at dairy town hall meeting early Tuesday morning on the official first day of the 53rd World Dairy Expo in Madison, Wisconsin. Photo by Sherry Bunting

By Sherry Bunting, Farmshine, Friday, Oct. 4, 2019

MADISON, Wis. – Grabbing the headlines from a town hall meeting with U.S. Ag Secretary Sonny Perdue during the opening day of the 53rd World Dairy Expo, here in Madison, Wisconsin, was a comment the Secretary made about the viability of small family farms.

He was asked whether they will survive. To which he answered, “Yes, but they’ll have to adapt.”

In fact, the Secretary said that the capital needs and environmental regulations that impact farms today make it difficult for smaller farms to survive milking 50 to 100 cows.

“What we’ve seen is the number of dairy farms going down, but the number of dairy cows has not,” said Perdue. “Dairy farms are getting larger, and smaller farms are going out.”

But in additional discussion, Perdue said that consumers want local products. He said that marketing local, even without the buzzwords, can be done successfully to bring value to farms.

He noted two things about dairy farms. First, they can’t be sustainable without profitability and second, he described the dairy industry as prone to oversupply.

Picking up on these comments, recently retired northwest Wisconsin dairy producer Karen Schauf said Farm Bureau is looking at the Federal Milk Marketing Orders and how make some adjustments on the milk pricing.

“But what we really need to do is balance supply and demand of dairy products much closer,” she said. “I would ask if you would support a flexible mandatory supply management system to help producers keep that supply and demand in closer relationship.”

Perdue asked if she wanted the short answer or the long answer, stating that when his children want a quick answer, it’s always “no.”

Schauf replied, “Mr. Secretary, I just want you to think about it.” The subject went no further.

At another point in the questioning, a Wisconsin producer observed the disheartening price levels and said last year was a record high level of exports, while prices to farmers were worse than this year and worse than 2017.

He noted that exports hit 17.6% of milk produced, and settled out at 16% last year, which is a record, but his milk price averaged $14.60. He went on to say that, “our exports are off 2% this year, but I’ll probably come close to an average of $17 on my milk price.” He also noted that National Milk Producers Federation recently put out a press release stating 2015-18 as record years in domestic dairy consumption.

“This is all good,” the dairy farmer said, “but in Wisconsin we are losing 2.5 farms per day and I think the call centers are full with distressed farmers calling in, so beyond trade and some of these things you promote at the federal level, what can we be looking at so we never experience another five years like this?”

Perdue thanked the producer for his facts and said it is amazing that things “can be good and yet feel so bad.” He acknowledged that dairy has been under the most stress, and he said that the 2018 Farm Bill did “exactly the right thing” with the new Dairy Margin Coverage. He pointed out that this coverage is specifically in place for smaller dairy farms.

“Milk prices are cyclical, and I think we’ve met that trough, and things will improve for 2020,” said Perdue.

Referencing the 2% milk on the table in front of him, Perdue said: “You pretty much know what happened to milk in our schools, with the whole milk and the accusations about fat in milk. We hope to get some benefit, maybe, from the Dietary Guidelines this year, which drive a lot of this conversation.”

Noting that USDA “is leading” the Dietary Guidelines along with Health and Human Services, the Secretary said: “We have a great panel and they will bring together the best scientific facts about what is healthy, wholesome and nutritious for our young people and our older people  and all of us, so we’re looking forward to that.”

On trade, the Secretary was hopeful. He cited the recent trade agreement with Japan, but did not have exact numbers for dairy, just that it will be beneficial for dairy. On China, he was optimistic and said progress is being made, but that it has been important to take this stand because they have been “cheating” and are “toying with us.”

One area he mentioned in regard to trade with China is that U.S. agriculture has become too dependent on “what China will do.” He said the administration is really working on trade with other nations in the Pacific and elsewhere that do not represent such large chunks as to disrupt or distort markets as they come in and out of the game. This has held true for dairy exports from the U.S., which are rising in so many other parts of the world.

On the USMCA, Perdue said the outcome will depend on whether the Speaker of the House brings it to the floor for a vote. “It will pass both caucuses, but it has to come to the floor. We hope to see that happen by the end of the year, that distractions won’t get in the way,” said Perdue.

The town hall meeting covered a wide range of other questions and comments, and often, the answer to the toughest questions was “it’s complicated and we’ll be happy to look into it.”

On the Market Facilitation Program, several had questions about why alfalfa-grass is not included as a crop, just straight alfalfa. Perdue explained that alfalfa is a crop exported to China and that the crops in the eligible crops for MFP payments have to be “specifically enumerated.”

As with other questions, he emphasized the local FSA Committees who implement some of the more subjective pieces of these programs that farmers can appeal to their local committees if they’ve been denied.

In the prevent plant flexibilities for harvesting forage, Perdue said USDA is looking at this as perhaps something to be made permanent – the ability to harvest forage on prevent plant acres in September rather than waiting until Nov. 1.

Paul Bauer from Ellsworth Cooperative Creamery focused his comments on the spread between Cheddar blocks and barrels on the CME and how this is deflating the price paid to dairy farmers – especially in Wisconsin – but also across the U.S. because of how it affects the Class III pricing formula.

“For the last four years, the spread between blocks and barrels has been greater than 12 cents. Historically, the spread has been three cents or less per pound for the prior 50 years,” he said, noting that the spread at the end of the previous week stood at just shy of 35 cents per pound!

“The common thought is that this bounces back to a normal range, but it doesn’t,” said Bauer, noting that last year’s average spread cost dairy farmers 60 cents per hundredweight on their milk price. “Those farmers who ship to barrel plants, such as Ellsworth Cooperative Creamery, were affected by $1.20/cwt on their milk price due to this wide spread.

He noted that last week’s 34 ¾ cent spread between blocks and barrels cost dairy farmers $3.40/cwt, which is 20% of their base price.

Acknowledging that this is a complex issue, Bauer asked the Secretary if USDA will take the first step and admit there is a problem instead of “rolling their eyes because of the complexity.”

“This is unfavorable to our farmers and unfair to our producers,” said Bauer, explaining that all dairy products are priced off the block-barrel on the CME, ultimately.

“It’s important to get it right,” said Bauer, explaining that it is a problem when the industry can build barrel inventory to create this divergence in block / barrel prices on the CME, which in turn suppresses the price they pay to producers for the milk used in a multitude of other “modern” products.

“Barrel production comes from 16 plants (nationwide), and represents 6% of the nation’s dairy supply, and yet has had a 58% of the impact on all producers’ milk checks,” said Bauer. “When the system is out of sync, that negative value affects us all.

“It’s time for USDA to formally take action and for the data to come to light that are influencing the market,” said Bauer. 

He explained that the system is there to protect farmers and local buyers but is now being influenced by foreign cooperatives that keep one product – barrels – in oversupply in order to keep milk prices lower for products that are priced off the higher blocks in short supply. 

Bauer said the secrecy of buyers and sellers on the CME protects this practice. “It’s time to update the system to keep up with modern times to protect our farmers and our food supply also in terms of quality and safety.” 

Secretary Perdue drew laughter when he asked Bauer: “Would you repeat the question?”  But he took it in and asked for a written copy of the question to look into it. Perdue said that concerns are often raised about the Federal Milk Marketing Orders.

“They are a fairly complex issue, but we’d be happy to investigate. The government’s role in general is to be the balance between the producer and the consumer and ensure no predatory pricing practices,” said Perdue, “while not interfering with commerce and contracts.”

He gave the example of the fire at the Tyson beef plant in Holcomb, Kansas and the staggering loss to cattle prices since that fire over a month ago that have resulted in packer margins at an unprecedented $600 per head.

“We saw a spike in the delta – the difference between the live cattle price and the boxed beef price at historic highs, and we are investigating that, to make sure there was no pricing collusion,” said Perdue. “I’ve asked those packers to come in and give me their side of the story. That’s the role of USDA.”

Pete Hardin of the Milkweed asked about the cell cultured meat, citing a publicized comment by the Secretary last summer pointing to the value of this science. Hardin asked if any studies have been done on the safety of this technology.

Perdue did not know if any specific studies have been done, and he confessed to trying an Impossible Burger, adding “There’s now one restaurant I no longer attend.”

He stressed that these products cater to people who aren’t eating meat anyway for whatever reason, and he said: “In the end, consumers will be the ones to choose.”

Picking up on this in a separate question about how dairy and livestock farms can remain viable with all of the imitation products competing for consumers, the Secretary observed that, “As farmers we are independent and like to sit behind the farm gate and produce the best, most nutritious food in the world at the lowest cost anywhere in the world, but we’ve never told the story.

“It’s up to every one of us to speak out locally and statewide and federally, nationally in that area and tell the story of what’s happening. No longer can we hide behind the curtain,” said Perdue. 

“There’s a growing movement about knowing how you do your job, what’s in the milk, how the animals are treated, and there’s no going back from that. We have to engage with consumers. We have to tell the story loudly and proudly.”

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Community supports family as surreal arrest adds to barn fire’s burden

The fire marshal has not determined the cause of the fire, which appears to have started in this second story of the 1800’s bank barn.  Photo courtesy Renee Troutman

Author’s Note: Since this story appeared in Farmshine Sept. 13, the petition to drop charges against Tim Getz has grown to over 36,000 signatures and counting.

By Sherry Bunting, Farmshine Sept. 13, 2019

MYERSTOWN, Pa. —  For Marlin and Gloria Getz and their sons Todd and Tim, of Myerstown, Lebanon County, Pennsylvania, the events of the barn fire Wednesday evening, Sept. 4 are a blur that took a turn no one could have expected. Amid the heartbreak of loss, the cleanup, decision-making, and now legal concerns, it is the support of their community that is holding them up.

While part of the basement and the tiestalls are still standing, the rest of the two-story bank barn, and all of the feed, are a complete loss.

Of the cattle, 22 head perished in the fire, including 12 cows, 8 yearling heifers and 2 calves, with an additional cow euthanized from injuries the following day. The Getz family is milking their 45 remaining cows in nearby Schaefferstown where John Zimmerman, offered his now vacant barn while the family decides their future.

And then there is the legal concern facing Tim Getz, who was clobbered, handcuffed and arrested as he worked with his father, brother and others to rescue cows in their smoke-filled barn as the hay mow above them was burning.

A Pennsylvania State Police Trooper arrived just ahead of the firefighters, demanding they all leave the barn. He did not comprehend the dedication and knowledge of a family trying to save their cattle when they ignored him and he grabbed Tim from behind, resulting in a flailing throw of the arm interpreted by the officer as assault and leading to felony charges of assault on a police officer.

By the next morning, Carrie Boyer of Lebanon had started a petition online, now filled with 9,443 signatures and growing. 32 pages showing the first 8000 signatures were presented to Lebanon County District Attorney David Arnold on Tuesday, requesting the charges be dropped. It will be days before they learn the outcome, and a preliminary hearing has been set for October 3.

Neighbor Anna Furlow, 15, also wanted to help. She saw the fire trucks go by that night on the road that adjoins her family’s property and the farm. She started a Go Fund Me site, with a goal to raise $10,000 in donations for the family. So far $3,125 has been raised, and the link for donations can be found here.

“I have known the family my whole life, and they have always been really kind to me and my family, so I wanted to do something kind for them,” the teenager said. “They are just really good people, and now they have the financial concerns and decisions about the future.”

Anna and her mother Kristy report that many people from the community are helping out and bringing plenty of food.

“We are holding up,” says Todd Getz in a Farmshine interview Tuesday. His brother Tim is home after a friend of the family raised the $15,000 to bail him out of jail. “It’s kind of hectic, and it is heartbreaking, but we have a lot of people helping us through.”

Todd reflected on the night of the fire. “We were milking in the barn, and at a few minutes before 8 p.m., I was going to go mix feed. I saw fire at the eaves and yelled to my brother that the barn was on fire. He noticed it the same time and called it in,” Todd recounts. 

“Everything became chaotic. I ran up back to see if there was something I could do to stop it and then came down and started letting cows out. I was at the near end of the barn and heard mom yelling that a police officer said we had to get out. The next thing I knew, the officer came in and told me to get out, but I kept working at untying cows until I got to the end of the row at the split and went out with him.”

Todd says he then re-entered the barn at the far end “because I knew my dad and brother were in there. The officer stood at the doorway yelling for us to get out, and so the cows we were trying to get out could not get out the doorway because he was standing there.”

Todd recalls his father yelling back to the officer that they weren’t leaving until they got the cows out. At this point, there was smoke but no fire where they were working.

“The officer walked past my dad and went to Tim, who ignored him and kept untying cows. The electric was out, it was getting dark, there was smoke. I don’t think Tim knew it was the policeman grabbing the back of his arm when he flailed his arm backward to break free. The next thing we knew, the officer took Tim down and put him in cuffs,” Todd reports, adding that there were three other people besides Tim at that end of the barn trying to get cows out and the firefighters were already working at the other end of the barn at that point.

In fact, for a few moments, Todd wasn’t sure who was being handcuffed. “I couldn’t see clearly to the front of the barn where they were. I thought they were arresting my dad.

“I want to be clear that we are not criticizing the trooper, it’s just that I don’t think he understood the situation. I think that is what it really comes down to. He didn’t understand. In fact, the area where he arrested Tim, that part of the barn, is still standing. The fire didn’t reach it.”

With his brother under arrest and the fire raging above them, family, firefighters, the herd veterinarian and others were still stepping in and out of the barn. “You could pick your way in, and the cows were still coming,” Todd recalls.

He says the firefighters were invaluable. One went back in the barn and cut every cow loose they hadn’t gotten to. “We have a pen of calves at Zimmerman’s right now that wouldn’t be there if not for the firefighters getting them away from that end of the barn.”

The family is grateful to their longtime veterinarian Dr. Gary Brummel of Lebanon.

“When I got there, most of the cattle were out,” says Brummel, who has been the herd vet for the Getz family’s Autumn-Mist Holsteins for over 20 years. “Within an hour, the fire chief had me come look at cows under the barn. We were able to get 8 to 10 more animals out, and there were still 4 trapped with the splits. I euthanized them. Others with burns and abrasions, I treated.”

It was an hour of looking at animals and euthanizing any trapped with severe injuries that were still in the part of the barn where Tim, an hour earlier, had been working to free cows before being arrested.

“When I finally went to Marlin and Gloria to let them know I was there, that’s when I learned what had happened with Tim,” said Brummel. “They asked me to go talk to Tim and the officer. One of the firefighters was with me, he knew where the squad car had been, but when we got there, the car was gone.”

Brummel notes the firefighters and ambulance crew didn’t know what happened or where they went. They got on central dispatch to talk to the officer and learned Tim was being taken to the Jonestown barracks and placed under arrest.

He was also taken to the hospital and treated but no one in his family was ever notified.

It was 12 hours later, the next morning, before the family learned that Tim had been taken to the hospital for the injury to his head where the officer hit him with the flashlight before placing him in handcuffs.

While the primary duty of a police officer is human safety, and that may mean telling people to leave a barn that is on fire, family, friends, professionals, and now the local community and dairy community at-large argue whether the officer had the right to physically try to remove one person, leaving four other individuals still in the burning barn doing what he was doing.

The family understands the officer thought he was doing the right thing, but the situation that transpired reveals a deep void in understanding when it comes to the handling of livestock.

When asked what can be learned from this situation, Brummel had some sage advice, “Have an emergency plan. Make sure fire extinguishers are charged and that you have multiple ones. Have an exit plan. Know how you will handle it if the unthinkable happens.”

And now this situation shows additional steps. Farmers and veterinarians should consider meeting and talking with local first responders and law enforcement to have some education and integration in the handling of livestock.

Brummel notes that as communities, including first responders, become farther removed from a farming background, efforts to integrate with first responders and law enforcement may be more important than ever, perhaps even designating a local first responder with livestock knowledge.

While one press report indicates the officer, Jorge DeJesus, may have been on the force less than a year, the majority of people interviewed for this report believe the main factor in this situation is the lack of understanding about farming and livestock. And while they appreciate that the officer was doing what he thought was right to save human lives, the lack of understanding for the situation has now presented a grave legal concern for the family.

What it boils down to is Tim Getz had not committed a crime. The officer had no warrant. This reporter can find no law on the books stating that an owner can’t be in his barn freeing cows during a barn fire.

By all accounts, Tim is keeping his chin up. He spent part of that night at the hospital, then at central booking at the Jonestown State Police barracks.  He was told he would get a phone call when he was transferred to jail but was bailed out before that occurred.

A police report indicates a trooper interviewed Getz at Jonestown barracks at 9:50 p.m. In the interview, without counsel or a phone call, Getz related that he heard the trooper yelling, felt him reach the back of his arm, and he reached back and struck out, but was not sure where or who he struck with an arm up over the shoulder.

The family has hired a criminal defense attorney.

The fire marshal has not determined the cause of the fire, which started in the second story of the bank barn.

The Getz’s have insurance and are sorting out their future with so many mitigating circumstances amid an already difficult time in the dairy business.

“We can’t answer questions about what we’re going to do until we get answers to the questions we have. Our priorities right now are taking care of the animals we have and deciding where we go from here,” says Todd. “We love the cows and love milking and would like to keep doing that, but there is the matter of can we?”

The farm has been in the family four generations, and Todd says it is difficult knowing that his brother is facing charges mainly because people don’t understand that these dairy cows are not just their heritage and livelihood, “they are an extension of our family.”

“People have really rallied around us, and it is amazing and humbling, what that means to our family,” says Todd. “The number of people who were here that night to get cows loaded to go to another barn and coming here after cleaning up. It’s humbling and means the world to us right now.

Despite the heartache, Todd says, “We have seen how big everybody’s heart is in these past few days.”

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While part of the basement and tiestalls are still standing, the rest of the two-story bank barn, and all of the feed, are a complete loss. Of the cattle, 22 head perished in the fire, including 12 cows, 8 yearling heifers and 2 calves. Photos courtesy Renee Troutman