The National Association of Dairy Regulatory Official`s 52
Transcription
The National Association of Dairy Regulatory Official`s 52
The National Association of Dairy Regulatory Official’s 52nd Annual Meeting Portland, Maine July 10 - 14, 2010 National Association of Dairy Regulatory Officials (NADRO) 52nd Annual Meeting Table of Contents NADRO Officers Introductions and Acknowledgments Annual Meeting Agenda Member Agencies, Delegates and Alternate Delegates 2010 Registrants and Participants Honorary Lifetime Members Past Presidents Past Meeting Locations President’s Report President Elect’s Report Committee Assignments Annual Business Meeting Minutes Resolutions and Action Items Audit Committee Report Executive Treasurer’s Report Nominating Committee Report Executive Committee Meeting Minutes Constitution and Bylaws Amendments/Updates Constitution and Bylaws Final Copy Continued Table of Contents (continued) Introductions and Presentations Provided Seth “Brad” Bradstreet, Commissioner, Maine Department of Agriculture, Food and Rural Resources Steven Sims, FDA FDA Dairy and Egg Branch Report Will Francis, USDA-AMS Dairy Programs USDA Dairy Program Julie-Marie Bickford, Executive Director, Maine Dairy Improvement Association Dairy Stabilization Program Bill Eldridge, Business Manager, MOO Milk Company Jamie Jonker, NMPF National Milk Producers Federation Update Susan Sausville, Reginald Pasteur, USDA Dairy Standardization Branch USDA Dairy Standardization Branch Report Dale Kleber, American Dairy Products Institute American Dairy Products Institute Update John Beers, Chair, National Conference on Interstate Milk Shipments NCIMS Report Gary Anderson, Animal and Bioscience Specialist, University of Maine Cooperative Extension Matt Randall, Compliance Officer, Maine Department of Agriculture, Food and Rural Resources Cary Frye, IDFA International Dairy Foods Association Update State Reports Frequently Asked Questions (FAQs) Officers National Association of Dairy Regulatory Officials 2009-2010 Past President Greg Pittman, Minnesota Department of Agriculture President Linda Stratton, Wyoming Department of Agriculture President Elect Catherine Kaszowski, Massachusetts Department of Agricultural Resources Vice President Chris Thompson, University of Kentucky Division of Regulatory Services Secretary Susan Esser, Michigan Department of Agriculture Executive Treasurer Eunice Schlappi, Kentucky Department of Agriculture 2010 – 2011 Past President Linda Stratton, Wyoming Department of Agriculture President Catherine Kaszowski, Massachusetts Department of Agricultural Resources President Elect Chris Thompson, University of Kentucky Division of Regulatory Services Vice President Susan Esser, Michigan Department of Agriculture Secretary Don McClellan, Utah Department of Agriculture Executive Treasurer Eunice Schlappi, Kentucky Department of Agriculture National Association of Dairy Regulatory Officials Introductions and Acknowledgments It has been my honor to serve as Secretary of the National Association of Dairy Regulatory Officials (NADRO) during 2009-2010. I am thankful for the support of the organization’s officers and members and I am appreciative of their professionalism, expertise and dedication to protecting public health and promoting effective regulation of the dairy industry. I am especially appreciative of the efforts of Cathleen Cotton and her colleagues at the Maine Department of Agriculture, Food and Rural Resources who dedicated a great deal of their time to make NADRO’s 52nd Annual Meeting a huge success. Thanks to President Linda Stratton (WY) and the other officers who worked diligently behind the scenes to organize and execute a successful event. A special thanks to the presenters who provided us with excellent information and to our members and guests who were thoughtfully engaged during each session. The information contained within the pages of this report provides only a glimpse of the knowledge shared during our very productive meeting. As you review this document, I am certain you will recognize the value of this information and that you will also be reminded of the significance of the opportunities provided each year at our annual meeting to build relationships with your colleagues in the field of dairy regulation. These relationships, and the work we do together as a regulatory community, strengthen our ability to assure the safety of the nations’ milk supply for all consumers. I hope you enjoy the 2010 Annual Report and I look forward to seeing you at next year’s annual NADRO meeting. Sincerely, Susan K. Esser, Secretary National Association of Dairy Regulatory Officials National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Annual Meeting Agenda National Association of Dairy Regulatory Officials – NADRO July 11-14, 2010 Portland, Maine 52nd Annual Conference Agenda Saturday, July 10, 2010 3:00 p.m. - 5:00 p.m. Early Arrival, Registration 4:00 p.m. – 11:00 p.m. Hospitality Sunday, July 11, 2010 9:00 a.m. – 1:00 p.m. Registration 9:30 a.m. – 11:30 a.m. Executive Board Meeting Afternoon Session - Moderator – Linda Stratton, NADRO President 1:00 p.m. Welcome – Linda Stratton, NADRO President 1:10 p.m. Welcome – Cathy Cotton, Maine Department of Agriculture, Food and Rural Resources 1:20 p.m. State Reports (A representative from each state will be given the opportunity to provide a brief (5 minutes) dairy industry update regarding their home state) 3:00 p.m. Break 3:15 p.m. Business Session – Linda Stratton, NADRO President Call to Order Roll Call President’s Report President-Elect’s Report Committee Assignments Resolution Assignments 4:00 p.m. State Reports (continued) 5:30 p.m. Adjourn 6:00 p.m. Hospitality Room Open – Dinner on your own 8:00 –11:00 p.m. Hospitality Room Open Monday, July 12, 2010 7:00 a.m. Breakfast on your own Morning Session - Moderator – Cathy Kaszowski, NADRO President Elect 8:00 a.m. Welcome, Seth “Brad” Bradstreet, Commissioner, Maine Department of Agriculture, Food and Rural Resources 8:30 a.m. FDA Dairy and Egg Branch Report, Steven Sims, FDA 9:15 a.m. USDA Dairy Programs, Will Francis, USDA-AMS Dairy Programs 10:00 a.m. Break 10:15 a.m. Dairy Stabilization Program, Julie-Marie Bickford, Executive Director, Maine Dairy Improvement Association 11:00 a.m. Starting a New Milk Company, the MOO Milk Story, Bill Eldridge, Business Manager, MOO Milk Company 11:30 a.m. Agricultural Tour - Pineland Farms 5:00 p.m. Dinner 8:00 p.m.–11:00 p.m. Hospitality Room Open Tuesday, July 13, 2010 7:00 a.m. Breakfast on your own Morning Session - Moderator – Chris Thompson, NADRO Vice President 8:00 a.m. National Milk Producers Federation Update, Jamie Jonker, NMPF 8:45 a.m. USDA Dairy Standardization Branch Report, Susan Sausville, Reginald Pasteur, USDA Dairy Standardization 9:30 a.m. American Dairy Products Institute Update, Dale Kleber, American Dairy Products Institute 10:00 a.m. NCIMS Report, John Beers, Chair, National Conference on Interstate Milk Shipments 10:20 a.m. Tour of IDEXX Headquarters Afternoon Session - Moderator – Sue Esser, NADRO Secretary 1:15 p.m. Improving Milk Quality, Gary Anderson, Animal and Bioscience Specialist, University of Maine Cooperative Extension 2:00 p.m. New England to New Zealand, the Same but Different, Matt Randall, Compliance Officer, Maine Department of Agriculture, Food and Rural Resources 2:45 p.m. Break 3:00 p.m. International Dairy Foods Association Update, Cary Frye, IDFA 3:45 p.m. NADRO Committee Meetings (Committees break out for discussions.) 5:15 p.m. Recess 6:00 p.m. Reception 7:00 p.m. Banquet / Awards 9:00 - 12:00 p.m. Hospitality Room Open Wednesday, July 14, 2010 7:00 a.m. Breakfast on your own Morning Session - Moderator – Greg Pittman, NADRO Past President 8:00 a.m. State Reports & Committee Reports 9:45 a.m. Break 10:00 a.m. Business Session – Linda Stratton, NADRO President Roll Call Resolution Committee Report Financial Report Audit report Old Business New Business NADRO Update, Bob Ehart Nominating Committee Report Election of Officers Host States for next two Annual Meetings 12:00 p.m. Adjourn – Have a safe journey home! National Association of Dairy Regulatory Officials 52nd Annual Meeting 2010 Member Agencies and Assigned Delegates State/Agency Delegate Alternate AL Dept. of Public Health G. M. Gallaspy Michael Clinkscales CA Dept. of Food and Agriculture Stephen Beam Kristen Dah CN Dept. of Agriculture Wayne Kasacek James Allyn FL Dept. of Agriculture John Miller GA Dept. of Agriculture Peggy Gates IN Board of Animal Health Terry Philibeck KY Dept. of Agriculture Thomas Ford Eunice Schlappi KY U of KY Reg. Services Chris Thompson ME Dept. of Agriculture Audrey Slattery Cathleen Cotton MD Dept. of Health & Mental Hygiene Laurie Bucher Kirk Engle MA Dept. of Agricultural Resources Catherine Kaszowski MI Dept. of Agriculture Susan Esser Susan Esser Gordon Robinson MN Dept. of Agriculture Greg Pittman Greg Pittman Nicole Nesser Missouri State Milk Board Gene Wiseman NE Dept. of Agriculture Dan Borer NV State Dairy Commission Anna Vickrey NM Dept. of Agriculture Alf Reeb NY Dept. of Agriculture and Mkts. Casey McCue ND Dept. of Agriculture Wayne Carlson Ohio Dept.of Agriculture Lewis Jones OR Dept. of Ag-Food Safety Janice Chellis Jim Postlewait SD Dept. of Agriculture Darwin Kurtenbach Kevin Fridley TN Dept. of Agriculture John Sanford Buddy Woodson UT Dept. of Agriculture Don McClellan Richard Clark VT Agency of Ag, Food & Mkts. Dan Scruton Greg Lockwood VA Dept. of Ag & Consumer Services John Beers Donna Bonner WI Dept. of Ag, Trade & Consumer Protection Tom Leitzke Jacqueline Owens WY Dept. of Agriculture Linda Stratton Linda Stratton Wayne Cook Note: 28 Dues paying member agencies representing 27 states/territories. Randy Chloupek Dennis Moore National Association of Dairy Regulatory Officials 52nd Annual Meeting 2010 Registrants and Participants First John Cathleen Sue John Will Carey Eileen Peggy Bob Lewis Jamie Cathy Dale Darwin Tom Brian Don Linda Casey Nicole Chuck Phyllis John Marianne Byron Denise Reginald Terry Rebecca Greg John Jim Lori Dan Vicki Susan Eunice Daniel Steven Audrey Gary Evan Linda Rick Chris Gene Last Beers Cotton Esser Esser Francis Frye Garry Gates Gilchrist Jones Jonker Kaszowski Kleber Kurtenbach Leitzke McAnelly McClellan McClellan McCue McCue Meek Meek Miller Miller Moyer Moyer Pasteur Philibeck Piston Pittman Poole Postlewait Postlewait Rackley Rackley Sausville Schlappi Scruton Sims Slattery Solomon Stachowicz Stratton Stratton Thompson Wiseman Agency VA Dept of Ag & Consumer Svcs ME Dept of Agriculture MI Dept of Agriculture guest-Michigan USDA-AMS-Dairy Programs IDFA Advanced Instruments, Inc GA Dept of Agriculture Agri-Mark, Inc OH Dept of Agriculture NMPF MA Dept of Agriculture American Dairy Products Institute SD Dept of Agriculture WI Dept of Ag, Trade & Cons. Prot. Ky Milk Safety Branch UT Dept of Agriculture guest-Utah NYS Dept of Ag & Mkts guest-NY TETRAPAK guest-Tetrapak FL Dept of Ag & Consumer Svcs guest-Florida Vermont guest-Vermont USDA Dairy Programs IN State Board of AH HP Hood LLC MN Dept of Agriculture USDA/Market Admin-NE OR Dept of Ag-Food Safety Div guest-Oregon Dean Food Company guest-Dean Foods USDA Dairy Programs Ky Dept of Agriculture VT Agency of Agriculture Food/Mkts USPHS/FDA ME Dept of Agriculture Stonyfield Farm, Inc USDA Dairy Programs WY Dept of Agriculture guest-Wyoming UK-Regulatory Svcs MO State Milk Board Address 102 Governor St., Suite 349 28 SHS 3465 Moraine Dr City Richmond Augusta Brighton St VA ME MI Zip 23219 O4333 48814 Email [email protected] [email protected] [email protected] Work 804-786-1452 207-287-7623 517-335-1070 1400 Independence Ave. SW, 1250 H St. NW-Suite 900 2 Technology Way 19 Martin Luther King, Jr. Dr - Room 316 PO Box 5800 8995 East Broad St 2101 Wilson Blvd, Suite 400 251 Causeway St 116 N York St, Ste 200 523 E Capitol Ave-Foss Bldg PO Box 8911 275 E Main St., HSICB PO Box 146500 Washington Washington Norwood Atlanta Lawrence Reynoldsburg Arlington Boston Elmhurst Pierre Madison Frankfort Salt Lake City DC DC MA GA MA OH VA MA IL SD WI KY UT 20250-0231 20005 O2062 30334 O1842 43068-3399 22201 O2114 60126 57501 53708 40621 84114 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 202-720-7183 202-220-3543 781-320-9000 404-656-3625 978-687-4923 614-644-8621 703-243-6111 10B Airline Drive Albany NY 12235 [email protected] 518-457-1772 200 So. Park Blvd Greenwood IN 46143 chuck.meek@tetrapak 317-885-5170 Dairy Division-3125 Conner Blvd Room B28 Tallahassee FL 32399-1650 [email protected] 155 Richardson Road Barre VT O5641-8905 [email protected] 802-476-3663 1400 Independence Ave SW Room 2746 4154 N. Keystone Ave 99 Emery Rd 13390 420th Ave 302A Washington Ave Ext 635 Capitol St. NE Washington Indianapolis Monroe Waseca Albany Salem DC IN ME MN NY OR [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 202-690-3571 317-544-2388 7801 W Shawnee Muskogee OK 74401 [email protected] 918-348-6617 1400 Independence Ave SW Room 2746 100 Fair Oaks Lane-5th Floor 116 State St. 5100 Paint Branch Pkwy 28 State House Station 10 Burton Drive 1400 Independence Ave SW Room 2746 2219 Carey Ave Washington Frankfort Montpelier College Park Augusta Londonberry Washington Cheyenne DC KY VT MD ME NH DC WY [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 202-720-9382 502-564-4983 802-828-2433 301-436-2153 207-287-3841 603-437-4040 202-720-9385 307-777-6592 103 Regulatory Services Bldg 1616 Missouri Blvd - PO 630 Lexington Jefferson City KY 40546-0275 [email protected] MO 65102 [email protected] 20250-0230 46205 O4951 56093 12203 97301 20250-0230 40601 O5620-2901 20740 O4333 O3053 20250-0230 82002 630-530-8700 605-773-4294 608-224-4711 502-564-3340 801-538-7145 850-487-1490 507-835-4828 518-389-1616 503-986-4720 859-257-2785 573-522-3206 National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Honorary Lifetime Members National Association of Dairy Regulatory Officials Honorary Lifetime Members ARIZONA IOWA George H. Parker 4418 West Cherry Lane Phoenix, AZ 85031 Richard Dennler 6915 Sunset Terrace Des Moines, IA 50311 FLORIDA Ray H. Ormand 6915 Sunset Terrace Des Moines, IA 50311 Jay Boosinger 2053 Taylor Road Tallahassee, FL 32308 KANSAS William Brown 3034 White Ibis Way Tallahassee, FL 32308 Bruce Rowley 2221 West 31st Street Terrace Topeka, KS 66611 Dean Elliott 1440 Figueroa Street The Villages, FL 32164 Melvin Brose Martin Creek Place 4950 SW Huntoon #201 Topeka, KS 66604 GEORGIA KENTUCKY Jack Dodd 1315 Quincy Highway Attapulgus, GA 91717 Charles H. Murphy 204 Pebble Shore Drive Georgetown, GA 39854 Cliff Ward 5600 Hog Mountain Road Bogart, GA 30622 Edward Troutman 3416 Belvoir Drive Lexington, KY 40503 MAINE Dana Small RR # Bowdinham, ME 04008 MASSACHUSETTS IDAHO Jay L. Nichols 8315 Valley View Drive Boise, ID 83702 Randy Elsberry 19082 Avenue 300 Exeter, CA 93221 J. Peter Griffin 10 Conry Cresent Jamaica Plain, MA 02130 Arthur W. Hoyt Birch Meadow Road Merrimac, MA 01860 National Association of Dairy Regulatory Officials Honorary Lifetime Members MASSACHUSETTS (cont.) MISSOURI (cont.) David L. Sheldon RR 3, Box 107 Great Barrington, MA 02130 Fred Neinershagen 1103 Falcon Drive Columbia, MO 65201 MICHIGAN Terry Long 19170 Factory Creek Road Jamestown, MO 65046-9728 Laurence L. Clough Friendship Village, Apt 28 Kalamazoo, MI 49007 MONTANA Ken Feighner 6620 East Scott Road Nashville, MI 49073 Everett L. Tubbs, RS 2014 Lockie Avenue Helena, MT 59601 Kenneth Van Patten 2365 Howell Road Williamton, MI 48895 NEW YORK William McCarthy 107 Rex Lane St. John, MI 48879 Herb Kling 146 State Street Albany, NY 12247 MINNESOTA Dwayne Lipinski RR 2 Johnsonville, NY 12093 Orlowe M. Olsten 1375 Fairmount Avenue St. Paul, MN 55105 Alfred Place 10 Norge Road Delmar, NY 12054 Bill Coleman 1122 Sixth Street, South Fargo, ND 58103 Harold Rudnick 9712 Western Turnpike Delanson, NY 12053 MISSOURI Will Francis 3269 Chrisland Dr. Annapolis, MD 21403 Carl Action 304 West Spring Fayette, MO 65248 James Kennedy 12408 RT C Russellville, MO 65074 NORTH CAROLINA Leonard F. Blanton RR 5, Box 332 Lincolnton, NC 28093 National Association of Dairy Regulatory Officials Honorary Lifetime Members NORTH CAROLINA (cont.) OREGON (cont.) Robert Gordon 419 Oak Ridge Road Carey, NC 27511 Eric Paulson 1138 Simpson Street Aumsville, OR 97306 Bruce Williams 5204 Calvin Place Raleigh, NC 27609 Ron McKay 5253 Aldercrest Court South Salem, OR 97306 NORTH DAKOTA PENNSYLVANIA Phil Park 107 West Avenue A Bismark, ND 58501 G. William Fouse RR 1, Box 95 James Creek, PA 16657 SOUTH DAKOTA James Dell 5269 Trout Run Lane Spruce Creek, PA 16683 Verne Brakke 624 North Jackson Pierre, SD 57501 OKLAHOMA Clyde D. Lacey P.O. Box 744 Atoka, OK 74525 SOUTH DAKOTA Roger Scheibe 1100 Telluride Lane Brookings, SD 57006 VERMONT George M. Parker 3216 South Rankin Edmond, OK 73034 Donald F. George 14 Green Mountain View Barre, VT 05641 James E. Smith 643 Ridgecrest Edmond, OK 73034 Byron Moyer 155 Richardson Rd. Barre, VT 05641 Dan Rackley 7801 W. Shawnee Muskogee, OK 74401 WASHINGTON OREGON Al Tesda 1515 7th Avenue NE Salem, OR 97303 Donald Penders 8328 60th Lane SE Lacey, WA 98513 National Association of Dairy Regulatory Officials Past Presidents 1958-1959 Dr. W. L. Bendix (VA) 1985-1986 Archie C. Holliday (VA) 1959-1960 C.H. Holcombe (MN) 1986-1987 Donald George (VT) 1960-1961 Dr. Richard Parry (CT) 1987-1988 Ronald W. McKay (OR) 1961-1962 Harry Tiberend (WY) 1988-1989 Daniel J. Borer (NE) 1962-1963 Dr. W. L. Bendix (VA) 1989-1990 Charles H. Murphy (GA) 1963-1964 Brace Rowley (KS) 1990-1991 Dave Sheldon (MA) 1964-1965 Laurence Clough (NY) 1991-1992 Marvin R. Patten (ID) 1965-1966 Harry Staver (CO) 1992-1993 Bruce Williams (NC) 1966-1967 C. Harold Amick (WV) 1993-1994 William Coleman (MN) 1967-1968 Donald Spiegel (SD) 1994-1995 Harold Rudnick (NY) 1968-1969 Peter Griffin (MA) 1995-1996 Kyle Stephens (UT) 1969-1970 Dean Christensen (ID) 1996-1997 Terry Long (MO) 1970-1971 Howard Brosset (LA) 1997-1998 Byron Moyer (VT) 1971-1973 Herbert Kling (NY) 1998-1999 Donald R. Penders (WA) 1973-1974 R. L. Van Buren (CA) 1999-2000 John A. Beers (VA) 1974-1975 M. W. Jefferson (VA) 2000-2001 Darwin Kurtenbach (SD) 1975-1976 Kenneth Van Patten (MI) 2001-2002 Claudia G. Coles (WA) 1976-1977 Archie S. Hurst (UT) 2002-2003 Jim Dell (PA) 1977-1978 Gene Dally (GA) 2003-2004 John Miller (FL) 1978-1979 G. William Fouse (PA) 2004-2005 Lewis R. Jones (OH) 1979-1980 Orlowe M. Olsten (MN) 2005-2006 Mike Wiggs (ID) 1980-1981 Jess D. Sturm (WY) 2006-2007 Will Francis (NY) 1981-1982 Jay Boosinger (FL) 2007-2008 Peggy Gates (GA) 1982-1983 Alfred R. Place (NY) 2008-2009 Greg Pittman (MN) 1983-1984 Kenneth D. Feighner (MI) 2009-2010 Linda Stratton (WY) 1984-1985 Fred G. Gerk (NM) National Association of Dairy Regulatory Officials Past Meeting Locations 1959 Nashville, Tennessee 1985 Portland, Oregon 1960 Memphis, Tennessee 1986 Burlington, Vermont 1961 Jackson, Wyoming 1987 Rapid City, South Dakota 1962 Buffalo, New York 1988 Long Boat Key, Florida 1963 Dodge City, Kansas 1989 Spokane, Washington 1964 New Orleans, Louisiana 1990 Boston Massachusetts 1965 Santa Fe, New Mexico 1991 Lincoln, Nebraska 1966 Burlington, Vermont 1992 Williamsburg, Virginia 1967 Madison, Wisconsin 1993 Park City, Utah 1968 Morgantown, West Virginia 1994 Albany, New York 1969 Jackson, Wyoming 1995 Bloomington, Minnesota 1970 Windsor, Connecticut 1996 Nashville, Tennessee 1971 Sandusky, Ohio 1997 Sun Valley, Idaho 1972 Miami Beach, Florida 1998 Harrisburg, Pennsylvania 1973 ------------------------------- 1999 Lake of the Ozarks, Missouri 1974 ------------------------------- 2000 Traverse City, Michigan 1975 ------------------------------- 2001 Jackson, Wyoming 1976 Williamsburg, Virginia 2002 Colchester, Vermont 1977 San Diego, California 2003 Wisconsin Dells, Wisconsin 1978 Saratoga Springs, New York 2004 Louisville, Kentucky 1979 Branson, Missouri 2005 Portland, Oregon 1980 Lexington, Kentucky 2006 Lake Placid, New York 1981 Boise, Idaho 2007 Columbus, Ohio 1982 Portland, Maine 2008 Norfolk, Virginia 1983 Traverse City, Michigan 2009 Reno, Nevada 1984 Winston-Salem, North Carolina 2010 Portland, Maine National Association of Dairy Regulatory Officials www.nadro.org President’s Report July 11-14, 2010 Portland, Maine To the members of NADRO: It has been a privilege and an honor serving as President. With economic trying times for state programs it is difficult to travel to conferences. But as small as this organization is, it has a strong voice when it comes to issues of dairy programs. I was not able to attend the NASDA meetings but Cathy Kaszowski attended on behalf. I want to thank her for being a great representative of NADRO. The board has been very supportive and active in making updated changes to the organization. The list of members and other organization database has been developed by Eunice Schlappi and Chris Thompson. This has helped to promote who and what NADRO is all about. The committees and other Executive committee members have been helpful in updating and making needed changes to the NADRO Constitution and By Laws that was taken to the membership this year. Again it has been an honor serving as President. Respectfully Submitted, Linda Stratton Contact information: NADRO-Eunice Schlappi Office: 502-564-4983 Ky Department of Agriculture Fax: 502-564-0854 100 Fair Oaks Lane, 5th Floor Email: [email protected] Frankfort, KY 40601 National Association of Dairy Regulatory Officials (NADRO) 52nd Annual Meeting President Elect’s Report I attended the NASDA Mid-Year meeting in Washington, DC, February 4th-7th, 2010. The meeting took place during one of the biggest snow storms the DC area has seen in the last century. Many people who had registered for the meeting were unable to attend. Some of the attendees staying at other hotels in the city couldn’t make it to the meeting; therefore, many of the presentations were done via conference calls. Secretary of Agriculture, Tom Vilsack said that 85% of farm income now comes from off the farm, he spoke of the importance of rural development programs to increase farm income, and these include expanding buy local campaigns, increased availability of broadband access to expand global markets and the increased use of bio-fuels and renewable energy. He said that USDA and the Department of Energy are now working together concerning bio-fuels, which they had not done in the past; he also spoke of second and third generation bio-fuels as much more efficient than the first. Secretary Vilsack reported that $120 million had been spent on the National Animal Identification System (NAIS) and that only 36% of producers had participated. USDA had fifteen listening sessions and now has a new approach; the sole focus will be on traceability to contain disease, he wants it to be federally supported but led by the states. An advisory committee will be established to focus on animals in interstate commerce. An APHIS representative spoke of the changes in the TB and Brucellosis programs, these programs will no longer be state based and states will not be downgraded if one or two herds in the state test positive. The Brucellosis Ring Test will no longer be necessary in states that have been free for at least five years. APHIS will only be involved in interstate commerce, but stockyards and concentration points will be considered interstate commerce. A farmer with pastures in two states will not be considered interstate, it will be left to the two states to work it out; and he also stressed the importance of meeting international certification. The APHIS representative also spoke about animal welfare, he said that NASDA will be forming a task force to look at this issue; it will emphasize the good that departments do and will work together with the USDA. Michael Taylor, Deputy Commissioner for Food with the FDA, spoke; he was appointed in January 2010 and is the first individual to hold this position. He heads the Office of Foods which was created in August 2009 to address food safety. He said that he wants to shift from a reactionary role to prevention. He would like to see more sharing of information between FDA and the states, and he wants to work towards more uniformity among the states. He is aiming for more funding for states to conduct FDA inspections, he also wants to hold imports to the same standards as domestic products and he would like to see more scale appropriate regulations implemented. NADRO submitted one Action Request to NASDA which was passed as amended. “NASDA accepts the support of NADRO to continue our efforts to promote the establishment of a comprehensive National Food Safety Plan, which expressly incorporates, recognizes and uses the capabilities of state and local food safety regulatory programs.” During regional meetings the Northeast discussed dairy pricing. What will happen when co-ops working together (CWT) program expires? Not enough farmers have been paying into the program to keep it going, there is not much agreement on what the next step should be, opinions vary from one co-op to the next and one region of the country to the next. Some possibilities include supply management, growth management, and a floor on the Class I price or an insurance program. NASDA President Ed Kee, Delaware Secretary of Agriculture, addressed the regional meetings. NASDA has been losing money since 2004, meetings have been running at a loss but that will not happen anymore starting with the next meeting. NASDA has not increased its dues, but is asking states for supplemental contributions. Secretary Kee said that 20 states have already contributed extra and another four were in the process of doing so. A committee was being formed to look at the dues structure and whether larger states should pay more. Respectfully submitted, Cathy Kaszowski President-Elect, National Association of Dairy Regulatory Officials Massachusetts Department of Agricultural Resources National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Committee Assignments National Association of Dairy Regulatory Officials 52nd Annual Meeting Committee Assignments ANIMAL HEALTH Linda Stratton, Chair Eunice Schlappi Terry Philibeck Don McClellan Dan Scruton AUDIT Darwin Kurtenbach, Chair John Miller Cathy Kaszowski AWARDS Chris Thompson, Chair Darwin Kurtenbach Eunice Schlappi DAIRY REGULATIONS Tom Leitzke, Chair Jamie Jonker Bob Gilchrist Cary Frye Dan Rackley Will Francis Rebecca Piston John Poole Jim Postlewait Gene Wiseman MANUFACTURING Greg Pittman, Chair Reggie Pasteur Evan Stachowicz Sue Sausville Brian McAnelly NCIMS Sue Esser, Chair Chris Thompson Peggy Gates John Miller Casey McCue John Beers Chuck Meek Steven Sims Cathleen Cotton Eileen Garry Lewis Jones Audrey Slattery NOMINATING Greg Pittman, Chair Peggy Gates Darwin Kurtinbach PROGRAM COMMITTEE Sue Esser, Chair Executive Board members Darwin Kurtinbach RESOLUTIONS Casey McCue, Chair Linda Stratton Chris Thompson National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Business Meeting Minutes NADRO Business Meeting Minutes July 14, 2010 President Linda Stratton called the NADRO business meeting to order at approximately 8:00 a.m. Secretary Susan Esser called the roll. The following state’s delegates or alternate delegates were in attendance: Florida Georgia Indiana Kentucky Maine Massachusetts Michigan Minnesota Missouri New York Ohio Oregon South Dakota Utah Vermont Virginia Wisconsin Wyoming A quorum was present. Officers present included: President President Elect Vice President Secretary Past President Executive Treasurer Linda Stratton, Wyoming Catherine Kaszowski, Massachusetts Chris Thompson, Kentucky Susan Esser, Michigan Greg Pittman, Minnesota Eunice Schlappi, Kentucky Resolution Committee Report One NADRO Action Item and Five resolutions were approved by the NADRO delegates. These documents are included in this Annual Report. Executive Treasurer’s Report Eunice Schlappi, NADRO Executive Treasurer, gave the financial report. Audit Committee Report Darwin Kurtenbach, Chair, gave the Audit Committee report. Old Business None was brought before the delegates. New Business Associate Member Dues Proposed Associate Member dues and categories of membership were discussed as follows: Platinum $1,000 Post associate member sign at reception/hospitality Company listed as Associate member in NADRO program. Company listed as Associate member on NADRO web site. Gold $500 Company listed as Associate member in NADRO program. Company listed as Associate member on NADRO web site. Silver $250 Company listed as Associate member in NADRO program. Company listed as Associate member on NADRO web site. There was general agreement from the NADRO delegates on this concept. The NADRO delegates authorize the Associate Member Committee to further develop the concept and present it to the Executive Committee for approval. NADRO Constitution and Bylaws Amendments The NADRO delegates approved amendments to the Constitution and Bylaws. These amendments are included in this Annual Report. NADRO attendance at NASDA meetings There was general agreement among the delegates that the decision about who should attend national NASDA meetings on behalf of NADRO should be left up to the Executive Committee. NASDA Update, Bob Ehart Bob Ehart gave an update on NASDA activities at the national level. Nominating Committee Report The report was unanimously approved by the delegates as follows: President President Elect Vice President Secretary Executive Treasurer Catherine Kaszowski, Massachusetts Chris Thompson, Kentucky Susan Esser, Michigan Don McClellan, Utah Eunice Schlappi, Kentucky Host State for 2012 John Miller reported that either Florida or Alabama will host the July 2012 NADRO meeting. The business meeting adjourned at approximately 11:00 a.m. National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Resolutions and Action Items National Association of Dairy Regulatory Officials 52nd Annual Meeting 2010 Resolutions No. 1 Whereas, the 52nd Annual Meeting of the National Association of Dairy Regulatory Officials was held at the Holiday Inn By The Bay, Portland, Maine, July 10-14, 2010, and Whereas, the staff and management of the Holiday Inn By The Bay provided exceptional service and outstanding hospitality by way of meeting rooms, catering, and guest room accommodations and the participants of the 52 nd Annual Meeting thoroughly enjoyed the conference facilities, proceedings, and activities, Therefore, BE IT RESOLVED, that the attendees and participants of the 52nd Annual Meeting of the National Association of Dairy Regulatory Officials thank the staff, management, and especially Melissa Bailey of the Holiday Inn By The Bay for their extra efforts in providing high caliber hospitality. Adopted July 14, 2010 National Association of Dairy Regulatory Officials 52nd Annual Meeting 2010 Resolutions No. 2 Whereas, the 52nd Annual Meeting of the National Association of Dairy Regulatory Officials was hosted by the Maine Department of Agriculture, Portland, Maine, July 1014, 2010, and Whereas, the speakers provided informative reports and subject content for the meeting participants, and they added substantially to the success of the annual conference, and the participants of the 52nd Annual Meeting enjoyed the conference proceedings and activities. Therefore, BE IT RESOLVED that the attendees and participants of the 52 nd Annual Meeting of the National Association of Dairy Regulatory Officials thank the speakers for their efforts in making this an educational and successful conference. The speakers were as follows: Cathleen Cotton, ME, Welcome to Maine Linda Stratton, WY, President’s Report Cathy Kaszowski, MA, President-Elect’s Report Seth “Brad” Bradstreet, ME, Welcome to Maine Steve Sims, MD, FDA Report Will Francis, DC, USDA-AMS Dairy Programs Julie-Marie Bickford, ME, Dairy Stabilization Program Bill Eldridge, ME, The MOO Milk Story Jamie Jonker, VA, NMPF Update Susan Sausville, DC, USDA Dairy Standardization Update Reginald Pasteur, DC, USDA Dairy Standardization Update Dale Kleber, IL, American Dairy Products Institute John Beers, VA, NCIMS Report Gary Anderson, ME, Improving Milk Quality Matt Randall, ME, New England to New Zealand Cary Frye, DC, IDFA Update State Reports from participating states Adopted July 14, 2010 National Association of Dairy Regulatory Officials 52nd Annual Meeting 2010 Resolutions No. 3 Whereas, the Maine Department of Agriculture hosted the 52 nd Annual Meeting of the National Association of Dairy Regulatory Officials at the Holiday Inn By The Bay, Portland, Maine, July 10-14, 2010, and Whereas, the Maine Department of Agriculture, especially Cathleen Cotton, Diane Perry and Marshall Piper, planned, organized, and presented a very successful and informative conference, and Whereas, the participants of the 52nd Annual Meeting enjoyed the conference proceedings and activities, Therefore, BE IT RESOLVED, that the attendees and participants of the 52 nd Annual Meeting of the National Association of Dairy Regulatory Officials congratulate and thank the Maine Department of Agriculture and staff for their efforts in extending cordial and outstanding hospitality. Adopted July 14, 2010 National Association of Dairy Regulatory Officials 52nd Annual Meeting 2010 Resolutions No. 4 Whereas, the Maine Department of Agriculture hosted the 52 nd Annual Meeting of the National Association of Dairy Regulatory Officials at the Holiday Inn By The Bay, Portland, Maine, July 10-14, 2010, and Whereas, IDEXX Laboratories, Inc. provided the group spectacular hospitality and a tour of their modern facilities located in Westbrook, Maine. Therefore, BE IT RESOLVED, that the attendees and participants of the 52 nd Annual Meeting of the National Association of Dairy Regulatory Officials congratulate and thank IDEXX Laboratories, Inc. for their extra efforts in providing a wonderful experience. Adopted July 14, 2010 National Association of Dairy Regulatory Officials 52nd Annual Meeting 2010 Resolutions No. 5 Whereas, the Maine Department of Agriculture hosted the 52 nd Annual Meeting of the National Association of Dairy Regulatory Officials at the Holiday Inn By The Bay, Portland, Maine, July 10-14, 2010, and Whereas, Pineland Farms provided the group spectacular hospitality and a tour of their historical facilities located in New Gloucester, Maine. Therefore, BE IT RESOLVED, that the attendees and participants of the 52 nd Annual Meeting of the National Association of Dairy Regulatory Officials congratulate and thank Pineland Farms for their extra efforts in providing a wonderful experience. Adopted July 14, 2010 NADRO Action Item July 14, 2010 The National Association of Dairy Regulatory Officials (NADRO) supports NASDA’s efforts to promote the establishment of a comprehensive, national food safety plan which expressly incorporates, recognizes and uses the capabilities of state and local food safety regulatory programs. This integrated system would enhance the food and dairy products safety capacity of federal, state and local government agencies. NADRO supports the establishment of funding mechanisms for this integrated food and dairy safety system and encourages the equitable distribution of funds between food and dairy inspection programs. NADRO recognizes the essential role that the NCIMS plays in assuring the safety of the nation’s milk supply. NADRO recognizes that many states have contracts with FDA to conduct food and dairy processing plant inspections and food safety training, however these contracts are limited to funding out of state travel for the training of state food/dairy safety regulators. NADRO recognizes the important role of highly trained state regulatory staff in milk safety assurance for consumers. Action Request The National Association of Dairy Regulatory Officials requests NASDA to continue to promote the establishment of a comprehensive national food safety plan which expressly incorporates, recognizes and uses the capabilities of state and local food and dairy safety regulatory programs. NADRO requests NASDA to encourage FDA to make funds available through contracts and grants to enable state government agencies to attend both in and out of state dairy and food safety training for state regulatory officials. Adopted July 14, 2010 National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Audit Committee Report National Association of Dairy Regulatory Officials 52nd Annual Meeting Audit Committee Report July 14, 2010 The audit was completed by John Miller (FL), Darwin Kurtenbach (SD) and Cathy Kaszowski (MA) on July 13, 2010. Credits and debits from January 1, 2009 to December 31, 2009 were reviewed. As requested by Audit Committee last year, information was brought to this year’s meeting for review. Current Audit covers from January 1, 2009 to December 31, 2009 January 1, 2009 Starting Balance: $0 Dues, Registrations, Account Transfers and Interest Credits: 20,869.68 Total 20,869.68 December 31, 2009: Debits: 11,673.05 Cash Balance $9,196.63 Respectfully Submitted Darwin W. Kurtenbach (SD), Chair John L. Miller (FL) Cathy Kaszowski (MA) July 13, 2010 National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Executive Treasurer’s Report National Association of Dairy Regulatory Officials 52nd Annual Meeting Executive Treasurer’s Report July 14, 2010 The Executive Treasurers position was approved on December 5, 2008. I began working with the checking account of January 1, 2009 after receiving set-up funds from past treasurer, Linda Stratton. The final transfer was completed on February 18, 2009. In the spring of 2009, I set up an account for NADRO to be able to accept credit cards. They are direct deposited into the checking account. As of May 31, 2010, the account had a balance of $15,308.05. This included all dues and registrations received through May 31 – the June statement had not been received at the time of the meeting. Income to date is $29,832.37 (including balance forwarded from past treasurer) and expenses are $14,524.32. The NADRO Audit Committee has decided to audit on a calendar year (January 1 – December 31) to ensure all annual meeting expenses/income are covered in the audit. Dues received for 2009 were 31 states at $100 =$3100. The dues were increased for 2010 and the receipts were 28 states @ $200 = $5600. Registrations for the 2010 conference to date were $10,355.75. Respectfully submitted, Eunice Schlappi, Executive Treasurer - NADRO Ky Dept of Agriculture National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Nominating Committee Report National Association of Dairy Regulatory Officials 52nd Annual Meeting Nominating Committee Report President Catherine Kaszowski, Massachusetts President Elect Chris Thompson, Kentucky Vice President Susan Esser, Michigan Secretary Don McClellan, Utah Executive Treasurer Eunice Schlappi, Kentucky John Miller, motion Terry Philibeck, second Approved July 14, 2010 National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Executive Committee Meeting Minutes National Association of Dairy Regulatory Officials 52nd Annual Meeting Executive Committee Meeting Minutes July11, 2010 Executive Treasurer’s Report: Eunice Schlappi A total of 27 states paid dues at $200 for a 2010 total of $5,400. The 2009 NADRO conference lost $2,128. The 2010 NADRO conference has a total of 45 participants registered including 10 guests at $135. One registration fee will be refunded this year. A policy needs to be developed and implemented next year regarding refunding registration fees. Conference Coordinator Report: Cathleen Cotton IDEXX has contributed $2,000 to NADRO for this year’s conference tour. Committee Assignments Committee assignments for the 2010 meeting were made. Policy on Speaker Fees and Expenses Policy on speaker registration fees: Charge speakers guest rate for registration. NADRO will not pay for speaker expenses to attend the NADRO meeting. Communications Between NADRO and NASDA Linda was able to contact Bob Ehart after several attempts. Bob will participate in the NADRO business meeting via telephone. Proposed Changes to Bylaws and Constitution Linda has copies and she will hand them out to the full membership for discussion during the business meeting. Supporting Membership Dues and Amounts and Purpose of Dues Eunice distributed draft copies of brochures for sponsorships for supporting members. The Board developed a draft of proposed membership levels. Supporting memberships will be discussed with the NADRO attendees at this year’s meeting. National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Constitution and Bylaws Amendments/Updates NATIONAL ASSOCIATION OF DAIRY REGULATORY OFFICIALS CONSTITUTION ARTICLE I Name The name of this association shall be the National Association of Dairy Regulatory Officials. (Amended December 4, 2008) ARTICLE II Objectives and Purposes The objectives and purposes of this Association shall be to: (1) Protect the health, welfare, and interests of the consumers of dairy products; (2) Consider problems and effect programs designed to further the interests of our American dairy farmer and dairy industry; (3) Promote unity and efficiency in the application of regulatory measures in the dairy fields; (4) Formulate recommendations relating to the general use or application of designations, definitions, standards of composition, marketing, standard methods of analysis, and requirements for marketing and labeling milk and dairy products; (5) Advise the National Association of State Departments of Agriculture on dairy issues. (Amended July 26, 2000; December 4, 2008) ARTICLE III Membership SECTION (1) The voting membership of this Association shall consist of such persons charged with the enforcement of state or territory dairy laws or program evaluation as designated by the head of each State or Territory Department of Agriculture, State or Territory Department of Health, or other State or Territory Agency. All heads of State or Territory Departments of Agriculture, State or Territory Departments of Health, or other State or Territory Agency shall be ex-officio members of this Association. (Amended August 15, 2005; December 4, 2008) SECTION (2) Associate members of this organization may consist of dairy industry representatives or other dairy related organizations. Associate members are non-voting. Associate members shall be recognized in the annual meeting proceedings. (Amended…July 14, 2010) ARTICLE IV Officers The Association shall annually elect a President, President-Elect, Vice President, Secretary and Executive Treasurer. (Amended December 4, 2008) ARTICLE V Executive Committee Formatted: Strikethrough SECTION (1) The Executive Committee of this Association shall be composed of the President; the President-Elect; the Vice-President; the Secretary, the Executive Treasurer and the immediate Past President. The President-Elect shall serve as Chair of the Executive Committee. If, for any reason, the President-Elect is ineligible to serve, then the Vice-President shall serve as Chair of the Executive Committee. (Amended July 26, 2000; December 4, 2008) SECTION (2) The affairs of this Association between Association meetings shall be administered by the Executive Committee. (Amended December 4, 2008) SECTION (3) If not otherwise provided by the Bylaws, the Executive Committee shall fill vacancies occurring in all offices. ARTICLE VI Annual Meetings An annual meeting shall be held at such time and place as the Association may direct. Special meetings shall only be called by the President and upon request of a majority of the members of the Executive Committee. (Amended December 4, 2008) ARTICLE VII Voting SECTION (1) All members of this Association who are present at a duly scheduled session of any annual or special Association meeting shall be recognized as a quorum authorized to transact any business of this Association, but not more than one vote from a member State or Territory shall be counted on any questions voted upon. (Amended December 4, 2008) SECTION (2) The names of one voting delegate and one alternate delegate from a State or Territory shall be registered with the Secretary by the respective head of the State or Territory Department of Agriculture, State or Territory Department of Health, or other State or Territory Agency. Thereafter, the voting delegate shall cast all votes for the state or territory from which the delegate is registered. Provided, however, in the absence of a voting delegate, an alternate delegate may cast votes for the state or territory from which the alternate delegate is registered. (Amended July 26, 2000; Amended August 15, 2005) ARTICLE VIII Proxies No proxies shall be permitted at any meeting of the Executive Committee or of this Association. (Amended December 4, 2008) ARTICLE IX Bylaws Appropriate Bylaws to effectuate and carry out the provisions of this Constitution may be adopted by a majority of the members present and voting at any annual meeting. ARTICLE X Amendments No amendment shall be considered unless such amendment has been presented for consideration to the membership thirty (30) days prior to a duly scheduled meeting. (Amended August 15, 2005) ARTICLE XIL SupportingAssociate Membership Formatted: Strikethrough Formatted: Strikethrough Supporting Associate membership of this organization may consist of dairy industry representatives or other dairy relatedorganizations. SupportingAssociate memberships are non-voting and associate membership dues, if any, shall be set at a regular meeting of the Association, and shall be paid annually, by or on behalf of each associate member.Supporting Associate members shall be recognized in the annual meeting proceedings. (Amended….2010 2009) Formatted: Strikethrough Formatted: Font: Not Bold, Strikethrough Formatted: Strikethrough Formatted: Font: Not Bold, Strikethrough Formatted: Strikethrough Formatted: Font: Not Bold, Strikethrough Formatted: Strikethrough Formatted: Strikethrough ARTICLE XII XL Miscellaneous Formatted: Strikethrough No member, or person, or groups of members or persons, shall represent or speak for or represent oneself or themselves as having the right to speak for or having the endorsement of this Association unless consent thereto has first been given by a majority of the members of the Association present and voting at a duly scheduled session of an annual or special Association meeting, or by three-fourths of the members of the Executive Committee between Association meetings. (Amended December 4, 2008) NATIONAL ASSOCIATION OF DAIRY REGULATORY OFFICIALS BYLAWS FINAL ARTICLE I Officers SECTION (1) All officers of the Association shall be elected annually at the annual Association meeting, and shall serve from final adjournment of the annual Association meeting at which they have been elected until the final adjournment of the next annual Association meeting or until their successors have been duly chosen. (Amended, December 5, 2008) SECTION (2) Nominations for each office in the Association shall be made by a Nominations Committee appointed by the President. Additional nominations may be made by any member of the Association. (Amended, December 5, 2008) SECTION (3) The President shall perform the usual duties pertaining to that office and shall appoint all necessary committees. Committee members shall serve until their successors have been duly appointed or the committee discharged, unless otherwise indicated by members of the Association at any Association meeting. (Amended, December 5, 2008) SECTION (4) The President-Elect shall assume the duties and powers of the President in the absence of the President, and shall perform such other duties as the Executive Committee may direct. The President-elect shall automatically become President of the Association whenever a vacancy in the office occurs. The President-Elect, when assuming the duties of the President due to a vacancy in that office, shall not, as a result thereof, be ineligible for election to the office of President for the subsequent year. Members shall not be eligible to succeed themselves after having been elected to any office, except for the Executive Treasurer, who may succeed herself/himself. (Amended, December 5, 2008) SECTION (5) The Secretary shall keep the minutes of all Association meetings and meetings of the Executive Committee and conduct all official correspondence of the Association. (Amended, December 5, 2008) Formatted: Centered NATIONAL ASSOCIATION OF DAIRY REGULATORY OFFICIALS BYLAWS FINAL ARTICLE I Officers SECTION (1) All officers of the Association shall be elected annually at the annual Association meeting, and shall serve from final adjournment of the annual Association meeting at which they have been elected until the final adjournment of the next annual Association meeting or until their successors have been duly chosen. (Amended, December 5, 2008) SECTION (2) Nominations for each office in the Association shall be made by a Nominations Committee appointed by the President. Additional nominations may be made by any member of the Association. (Amended, December 5, 2008) SECTION (3) The President shall perform the usual duties pertaining to that office and shall appoint all necessary committees. Committee members shall serve until their successors have been duly appointed or the committee discharged, unless otherwise indicated by members of the Association at any Association meeting. (Amended, December 5, 2008) SECTION (4) The President-Elect shall assume the duties and powers of the President in the absence of the President, and shall perform such other duties as the Executive Committee may direct. The President-elect shall automatically become President of the Association whenever a vacancy in the office occurs. The President-Elect, when assuming the duties of the President due to a vacancy in that office, shall not, as a result thereof, be ineligible for election to the office of President for the subsequent year. Members shall not be eligible to succeed themselves after having been elected to any office, except for the Executive Treasurer, who may succeed herself/himself. (Amended, December 5, 2008) SECTION (5) The Secretary shall keep the minutes of all Association meetings and meetings of the Executive Committee and conduct all official correspondence of the Association. (Amended, December 5, 2008) SECTION (6) The Executive Treasurer shall collect and disburse all monies of the Association. The records and accounts of the Association shall be audited annually by a committee appointed by the President. (Amended, December 5, 2008) ARTICLE II Executive Committee A meeting of the Executive Committee shall be held immediately after each annual Association meeting. Other meetings may be called, on not less than fourteen days notice, by the President or by a majority of the members of the Executive Committee. The Executive Committee, after notice to all of its members, may also act by written vote, filed with the Secretary. (Amended, December 5, 2008) ARTICLE III Dues SECTION (1) Dues, if any, shall be set at a regular meeting of the Association, and shall be paid annually, by or on behalf of each State or Territory Department of Agriculture, State or Territory Department of Health, or other State or Territory Agency which has designated a person or persons for membership. Such dues shall be payable annually in January, and nonpayment of such dues by, or on behalf of any State or Territory shall operate to suspend such State or Territory from all rights and privileges of the Association, including voting privileges. (Amended July 26, 1962; July 26, 2000; July 13, 2005; December 5, 2008) SECTION (2) Supporting Associate Associate members’hip dues, if any, shall be set at a regular meeting of the Association, and shall be paid annually, by or on behalf of each Associate supporting associate member. Such dues shall be payable annually in January, and nonpayment of such dues by, or on behalf of any Associate supporting associate member shall operate to suspend the Associate supporting associate membership. (Amended…July 14,.2010 2009) SECTION (23) No dues shall be required of honorary lifetime members. (Amended July 26, 2000) ARTICLE IV Procedure The Proceedings and deliberations of the Association, including meetings of the Executive Committee, shall be governed by the Rules of Parliamentary Practices established by Roberts’ Rules of Order, revised. (Amended, December 5, 2008) ARTICLE V Honorary Lifetime Membership SECTION (1) Honorary lifetime membership may be bestowed on any former member who has attended at least five annual meetings as a voting delegate or as an alternate delegate andstate or territory dairy regulatory regulatory official who is no longer active in enforcement of any state or territory dairy laws, by a majority of the Executive Committee. (Amended July 26, 2000; Amended… July 14,. 2010 2009) SECTION (2) Honorary lifetime members shall be entitled to all the privileges and information granted to a member, except voting rights. The honorary lifetime member shall be entitled to complimentary dues remission, but may be required to pay all or a portion of the normal registration fee for the meeting in which they are in attendance as determined by the Executive Committee. (Amended July 14, 1983; July 26, 2000) ARTICLE VI Amendments Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough These Bylaws may be amended at any duly scheduled meeting attended by a majority of the members. (Amended, December 5, 2008) National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Constitution and Bylaws as Amended July 14, 2010 NATIONAL ASSOCIATION OF DAIRY REGULATORY OFFICIALS CONSTITUTION ARTICLE I Name The name of this association shall be the National Association of Dairy Regulatory Officials. (Amended December 4, 2008) ARTICLE II Objectives and Purposes The objectives and purposes of this Association shall be to: (1) Protect the health, welfare, and interests of the consumers of dairy products; (2) Consider problems and effect programs designed to further the interests of our American dairy farmer and dairy industry; (3) Promote unity and efficiency in the application of regulatory measures in the dairy fields; (4) Formulate recommendations relating to the general use or application of designations, definitions, standards of composition, marketing, standard methods of analysis, and requirements for marketing and labeling milk and dairy products; (5) Advise the National Association of State Departments of Agriculture on dairy issues. (Amended July 26, 2000; December 4, 2008) ARTICLE III Membership SECTION (1) The voting member of this Association shall consist of such persons charged with the enforcement of state or territory dairy laws or program evaluation as designated by the head of each State or Territory Department of Agriculture, State or Territory Department of Health, or other State or Territory Agency. All heads of State or Territory Departments of Agriculture, State or Territory Departments of Health, or other State or Territory Agency shall be ex-officio members of this Association. (Amended August 15, 2005; December 4, 2008) SECTION (2) Associate members of this organization may consist of dairy industry representatives or other dairy related organizations. Associate members are non-voting. Associate members shall be recognized in the annual meeting proceedings. (Amended July 14, 2010) ARTICLE IV Officers The Association shall annually elect a President, President-Elect, Vice President, Secretary and Executive Treasurer. (Amended December 4, 2008) ARTICLE V Executive Committee SECTION (1) The Executive Committee of this Association shall be composed of the President; the President-Elect; the Vice-President; the Secretary, the Executive Treasurer and the immediate Past President. The President-Elect shall serve as Chair of the Executive Committee. If, for any reason, the President-Elect is ineligible to serve, then the Vice-President shall serve as Chair of the Executive Committee. (Amended July 26, 2000; December 4, 2008) SECTION (2) The affairs of this Association between Association meetings shall be administered by the Executive Committee. (Amended December 4, 2008) SECTION (3) If not otherwise provided by the Bylaws, the Executive Committee shall fill vacancies occurring in all offices. ARTICLE VI Annual Meetings An annual meeting shall be held at such time and place as the Association may direct. Special meetings shall only be called by the President and upon request of a majority of the members of the Executive Committee. (Amended December 4, 2008) ARTICLE VII Voting SECTION (1) All members of this Association who are present at a duly scheduled session of any annual or special Association meeting shall be recognized as a quorum authorized to transact any business of this Association, but not more than one vote from a member State or Territory shall be counted on any questions voted upon. (Amended December 4, 2008) SECTION (2) The names of one voting delegate and one alternate delegate from a State or Territory shall be registered with the Secretary by the respective head of the State or Territory Department of Agriculture, State or Territory Department of Health, or other State or Territory Agency. Thereafter, the voting delegate shall cast all votes for the state or territory from which the delegate is registered. Provided, however, in the absence of a voting delegate, an alternate delegate may cast votes for the state or territory from which the alternate delegate is registered. (Amended July 26, 2000; Amended August 15, 2005) ARTICLE VIII Proxies No proxies shall be permitted at any meeting of the Executive Committee or of this Association. (Amended December 4, 2008) ARTICLE IX Bylaws Appropriate Bylaws to effectuate and carry out the provisions of this Constitution may be adopted by a majority of the members present and voting at any annual meeting. ARTICLE X Amendments No amendment shall be considered unless such amendment has been presented for consideration to the membership thirty (30) days prior to a duly scheduled meeting. (Amended August 15, 2005) ARTICLE XI Miscellaneous No member, or person, or groups of members or persons, shall represent or speak for or represent oneself or themselves as having the right to speak for or having the endorsement of this Association unless consent thereto has first been given by a majority of the members of the Association present and voting at a duly scheduled session of an annual or special Association meeting, or by three-fourths of the members of the Executive Committee between Association meetings. (Amended December 4, 2008) NATIONAL ASSOCIATION OF DAIRY REGULATORY OFFICIALS BYLAWS ARTICLE I Officers SECTION (1) All officers of the Association shall be elected annually at the annual Association meeting, and shall serve from final adjournment of the annual Association meeting at which they have been elected until the final adjournment of the next annual Association meeting or until their successors have been duly chosen. (Amended December 5, 2008) SECTION (2) Nominations for each office in the Association shall be made by a Nominations Committee appointed by the President. Additional nominations may be made by any member of the Association. (Amended December 5, 2008) SECTION (3) The President shall perform the usual duties pertaining to that office and shall appoint all necessary committees. Committee members shall serve until their successors have been duly appointed or the committee discharged, unless otherwise indicated by members of the Association at any Association meeting. (Amended December 5, 2008) SECTION (4) The President-Elect shall assume the duties and powers of the President in the absence of the President, and shall perform such other duties as the Executive Committee may direct. The President-elect shall automatically become President of the Association whenever a vacancy in the office occurs. The President-Elect, when assuming the duties of the President due to a vacancy in that office, shall not, as a result thereof, be ineligible for election to the office of President for the subsequent year. Members shall not be eligible to succeed themselves after having been elected to any office, except for the Executive Treasurer, who may succeed herself/himself. (Amended December 5, 2008) SECTION (5) The Secretary shall keep the minutes of all Association meetings and meetings of the Executive Committee and conduct all official correspondence of the Association. (Amended December 5, 2008) SECTION (6) The Executive Treasurer shall collect and disburse all monies of the Association. The records and accounts of the Association shall be audited annually by a committee appointed by the President. (Amended December 5, 2008) ARTICLE II Executive Committee A meeting of the Executive Committee shall be held immediately after each annual Association meeting. Other meetings may be called, on not less than fourteen days notice, by the President or by a majority of the members of the Executive Committee. The Executive Committee, after notice to all of its members, may also act by written vote, filed with the Secretary. (Amended December 5, 2008) ARTICLE III Dues SECTION (1) Dues, if any, shall be set at a regular meeting of the Association, and shall be paid annually, by or on behalf of each State or Territory Department of Agriculture, State or Territory Department of Health, or other State or Territory Agency which has designated a person or persons for membership. Such dues shall be payable annually in January, and nonpayment of such dues by, or on behalf of any State or Territory shall operate to suspend such State or Territory from all rights and privileges of the Association, including voting privileges. (Amended July 26, 1962; July 26, 2000; July 13, 2005; December 5, 2008) SECTION (2) Associate members dues, if any, shall be set at a regular meeting of the Association, and shall be paid annually, by or on behalf of each Associate supporting member. Such dues shall be payable annually in January, and nonpayment of such dues by, or on behalf of any Associate member shall operate to suspend the Associate membership. (Amended July 14, 2010) SECTION (3) No dues shall be required of honorary lifetime members. (Amended July 26, 2000) ARTICLE IV Procedure The Proceedings and deliberations of the Association, including meetings of the Executive Committee, shall be governed by the Rules of Parliamentary Practices established by Roberts’ Rules of Order, revised. (Amended December 5, 2008) ARTICLE V Honorary Lifetime Membership SECTION (1) Honorary lifetime membership may be bestowed on any former member who has attended at least five annual meetings as a state or territory dairy regulatory official who is no longer active in enforcement of any state or territory dairy laws, by a majority of the Executive Committee. (Amended July 26, 2000; Amended July 14, 2010) SECTION (2) Honorary lifetime members shall be entitled to all the privileges and information granted to a member, except voting rights. The honorary lifetime member shall be entitled to complimentary dues remission, but may be required to pay all or a portion of the normal registration fee for the meeting in which they are in attendance as determined by the Executive Committee. (Amended July 14, 1983; July 26, 2000) ARTICLE VI Amendments These Bylaws may be amended at any duly scheduled meeting attended by a majority of the members. (Amended December 5, 2008) National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Introductions and Presentations Seth “Brad” Bradstreet Mr. Bradstreet is the commissioner of the Maine Department of Agriculture, Food and Rural Resources. He displays a deep desire to promote of all aspects of Maine agriculture. He has managed a very successful farm for more than 25 years, and has been an active member of agricultural, educational and community organizations. Mr. Bradstreet is the owner-operator of Bradstreet Farms, specializing in early generation and certified seed potatoes. He currently serves on the Maine Potato Board, and was president of the Board from 2003 to 2004. He is the current chair of the County Committee of the USDA Farm Service Agency. He serves on the Board of Selectmen of the Town of Newport and is chair of the Newport Water District. Steven Sims Steven Sims grew up working in a dairy farm and worked his way through College working at a dairy plant. He worked for the State of Utah for 10 years as a State dairy inspector, a State Milk Sanitation Rating Officer, a USDA Contract inspector for that State and eventually chief of that State's dairy programs. He has worked for the US Food and Drug Administration for over 35 years, serving as a Regional Milk Specialist in 3 FDA regions and is currently stationed at College Park Maryland where he serves as a Senior Milk Specialist on the FDA Milk Safety Team. Mr. Sims has been FDA's representative to the NCIMS Council 1 for over 20 years and has served as FDA consultant to the NCIMS Technical Committee, the NCIMS HACCP Implementation Committee, the Other Species Committee, and other NCIMS Committees. He has represented FDA in the 3A Sanitary Standards writing process for over 20 years (he is signatory to over 80 3A Sanitary Standards and Practices) and currently serves on the 3A Steering Committee and the 3A Consensus body and on 8 of 13 standards writing groups. He has been active in IAFP and has served as chair of the Dairy Quality and Safety Professional Development group. NATIONAL ASSOCIATI0N OF DAIRY REGULATORY OFFICIALS (NADRO) PORTLAND, MAINE JULY 10-24. 2010 Food Safety President Barack Obama and Food Safety FDA UPDATE STEVEN SIMS Office of Food Safety Division of Plant and Dairy Food Safety Center for Food Safety and Applied Nutrition U.S. Food and Drug Administration “Protecting the safety of our food and drugs is one of the most fundamental responsibilities government has," President Barack Obama Weekly Radio Address 03/14/09 The Food Protection Plan Food Protection Plan Three core elements: Prevention Intervention Response Under each element Key steps Approach 38 FDA Administrative Actions 10 Legislative Proposals Legislative Proposals Agency Actions Prevention Prevention Preventive Controls Against Intentional Contamination by Terrorists or Criminals at Points of High Vulnerability Preventive Controls for High-Risk Foods Promote Increased Corporate Responsibility Identify Food Vulnerabilities and Assess Risk Expand Understanding and Use of Effective Mitigation Measures Intervention Increase Risk-Based Inspections and Sampling Improve the Detection of Food System “Signals” that Indicate Contamination Improve Immediate Response Improve Risk Communication to the Public, Industry, and Other Stakeholders Foods associated with repeated instances of serious illness or death Electronic Import Certificates for Designated High Risk Products Focus in areas of greatest risk Intervention Response FDA actions Legislative proposals Shipments without proper certification are refused entry Response Mandatory Recall of Food Products 1 Food Protection Plan The Agency is continuing its efforts to work with the food industry to develop additional guidance to strengthen traceability. FDA held 2 public meetings on product tracing systems that ultimately could allow for more accurate and earlier tracing of products implicated in outbreaks of foodborne illness. Food Protection Plan Reportable Food Registry for Industry http://www.fda.gov/Food/FoodSafety/FoodSafe tyPrograms/RFR/default.htm Information on the FDA Reportable Food Registry (RFR) for Foreign Governments http://www.fda.gov/Food/InternationalActivitie s/ucm213272.htm Food Protection Plan Guidance for Industry: Questions and Answers Regarding the Reportable Food Registry as Established by the Food and Drug Administration Amendments Act of 2007 http://www.fda.gov/Food/GuidanceCompl ianceRegulatoryInformation/GuidanceDocu ments/FoodSafety/ucm180761.htmGuidanc e for Industry: Administrative Changes Secretary of Health and Human ServicesKathleen Sebelius Commissioner of the Food and Drug Administration –Maragaret Hamburg, Principle Deputy Commissioner of the FDAJoshua Sharfstein, MD Deputy Commissioner for Foods Michael R. Taylor Administrative Changes CFSAN Organization OFFICE OF THE CENTER DIRECTOR Michael Landa, JD (ACTING) Stephen Sundlof, D.V.M., Ph.D. (Left in May 2010) Michael Landa, JD, Acting Director DEPUTY DIRECTOR FOR OPERATIONS Acting Associate Commissioner for Regulatory Affairs (ORA/ORO Field Staff) Director of the Center for Food Safety and Applied Nutrition Michael Chappel Donald W. Kraemer –Acting (Formerly Janice F. Oliver) DEPUTY DIRECTOR FOR REGULATORY AFFAIRS Roberta F. Wagner 2 CFSAN Organization Reporting to the Center Director: SENIOR SCIENCE ADVISOR STAFF OFFICE OF FOOD DEFENSE, COMMUNICATION AND EMERGENCY RESPONSE Faye Feldstein (Retired 6/25/2010) OFFICE OF FOOD SAFETY Nega Beru, Ph.D. OFFICE OF COSMETICS AND COLORS Linda M. Katz, M.D., M.P.H. Donald L. Zink, Ph.D. Camille E. Brewer M.S., R.D. EXECUTIVE OPERATIONS STAFF Reporting to the Deputy Director for Operations: INTERNATIONAL AFFAIRS STAFF CFSAN Organization Jennifer Parker (Acting) OFFICE OF MANAGEMENT SYSTEMS Thomas D. Williams, M.B.A. CFSAN Organization Reporting to the Deputy Director for Operations: OFFICE OF REGULATORY SCIENCE Reporting to the Deputy Director for Regulatory affairs: Mitchell A. Cheeseman OFFICE OF COMPLIANCE Steven M. Musser, Ph.D. OFFICE OF FOOD ADDITIVE SAFETY CFSAN Organization OFFICE OF APPLIED RESEARCH AND SAFETY ASSESSMENT CFSAN Organization Reporting to the Deputy Director for Regulatory Affairs: OFFICE OF REGULATIONS POLICY AND SOCIAL SCIENCES Susan Bernard Roberta F. Wagner Marleen Wekell, Ph.D. (Acting) Office of Food Safety (OFS) 5100 Paint Branch College Park, MD 20740 Mail Code: HFS-300 Main telephone: 301-436-1700 Fax: 301-436-2599 OFFICE OF NUTRITION, LABELING AND DIETARY SUPPLEMENTS Barbara O. Schneeman, Ph.D. 3 OFS Organization Chart DIRECTOR Food Regulation Writers Processing Expert Compliance Experts Filth Experts Chemists Egg Specialists Senior Milk Specialists Cheese Combines Grade “A” and Non-Grade “A” programs Includes all Regulatory Programs for Foods Derived from Animals Henry Kim, Ph.D. – Branch Chief All food traditionally known as “land foods” DAIRY AND EGG BRANCH (DEB) DAIRY AND EGG BRANCH (DEB) GRADE “A’ MILK SAFETY PROGRAM BOB HENNES STEVE SIMS DENNIS GAALSWYK Scientists Microbiologists Plant Product Safety Branch William R. Jones, Ph.D. DAIRY AND EGG BRANCH (DEB) Vacant (Formerly Captain Robert N. Childers) Branch Chief DIVISION OF SEAFOOD SAFETY Dairy and Egg Branch John F. Sheehan, J.D. Robert W. Dickey, Ph.D. DIVISION OF PLANT & DAIRY FOOD SAFETY Richard E. McDonald, Ph.D. DIVISION OF PLANT & DAIRY FOOD SAFETY Kevin Smith DIVISION OF SEAFOOD SCIENCE & TECHNOLOGY DIVISION OF FOOD PROCESSING SCIENCE & TECHNOLOGY William Jones -- Acting RETAIL FOOD & COOPERATIVE PROGRAMS SUPPORT STAFF DEPUTY DIRECTOR Nega Beru, Ph.D. OFS Organization Chart Dairy and Egg Branch One additional Grade “A” opening Individual with Dairy/Plant Field experience Individual familiar with the Grade “A” program 4 DEB Staff Additions DEB Staff Additions Two new hires Dr. Amber McCoig, D.V.M., Animal Health Obianuju (Uju) Nsofor, Ph.D. Jack Mowbray returned from USDA Michigan State University Areas of expertise include utilization of Probiotic Cultures in Fermented Dairy Products and their effect on immune modulation Chi Yuen (Andrew) Yeung, Ph.D. Cornell University Areas of expertise include Food Chemistry, Biochemistry and Nutrition. Worked on Dairy Products Technology for Master Degree Coming from Dairy Management Inc. – Director of Product Research FDA FIELD PERSONNEL CHANGES FDA FIELD PERSONNEL CHANGES NEW REGIONAL MILK SPECIALISTS: RAY NILES IS IN CVM. LARRY TERANDO-SPRINGFIELD, IL DAVID PEARCE-HARRISBURG, PA CURRENT DAIRY AND EGG BRANCH (DEB) PROJECTS EU Equivalence Determinations The EU has requested that the U.S. evaluates their system to determine whether it is equivalent to the U.S. system for regulating Grade “A” dairy products. In February 2009, FDA wrote a letter to the European Commission affirming our commitment to moving the Grade “A” equivalence process forward. 5 Canadian Equivalence Determinations EU Equivalence Determinations Next steps PART I Information Evaluation gathering Equivalency determination between an aseptic plant in Quebec and one in Puerto Rico has been completed of EU submission Aseptic milk can be shipped from Quebec to Puerto Rico (the Canadian aseptic plant is no longer shipping to Puerto Rico) On-site verification of individual EU member states Canadian Equivalence Determinations DONE TO SATISFY A TRADE DISPUTE Raw Milk Pathogen Profile PART II (Nation to Nation) Review of laboratory evaluation systems nearly complete On site evaluation of milk safety programs: Field work completed mutual review is ongoing Farms, Animal Health, Animal Drug Residue Issues and Bulk Milk Tanker/Sampler programs under review FDA initiated a study to determine the pathogen profile in raw milk Non-regulatory study that will help the agency in evaluating alternatives for pasteurization and provide a scientific basis for other decisions. Determine the distribution and levels of pathogen (E. coli O157:H7, Salmonella species, Listeria monocytogenes and B. cereus) in commingle raw silo milk. Listeria Monocytogenes Guidance Document Draft Guidance for Industry, Draft CPG, and Public Meeting Notice published February 7, 2008. Draft Guidance for Industry: Control of Listeria monocytogenes in Refrigerated or Frozen Ready-To-Eat Foods Utilize information to assist in informing FDA risk assessments. 6 Draft Compliance Policy Guide Sec. 555.320 - Listeria monocytogenes RTE foods that support the growth of L. monocytogenes remains unchanged i.e. negative for Lm. Provides limit at or above 100 cell/g for RTE foods that do not support Lm growth. Comments have been received Status: Comments are being reviewed Pathogens in Cheese Risk Profile Soft cheese, Semi-soft Cheese, Hard and Extra Hard Cheese Large project with over 650 references Drug Residue Risk Profile Drug Residues in Milk Assessment NCIMS Drug Residue Committee requested an FDA Risk Analysis 21 member team with CFSAN and CVM representatives Drug Residue Risk Profile Risk Assessment will evaluate: which milk drugs are likely to be present in public health concerns these residues may present management residues Milk and Drug Residue Testing options to avoid drug Drug Residue Positive Tests Published in NMDRD Milk samples with animal drug residues slightly lower in 2008 Fiscal Year Percent Positive 0.040 percent or 1,616 of the 4,016,533 milk samples analyzed tested positive for a drug residue 1995 0.144 1999 0.109 2004 0.110 30 testing methods were used to analyze the samples for residues 2006 0.054 Report was conducted for FDA through a 3rd party contract and published in the National Milk Drug Residue Database (NMDRD) 2007 0.042 2008 0.040 7 Alkaline Phosphatase Research Bovine Spongioform Encephalopathy –Interim Final Rule (IFR) Comparison study of residual alkaline phosphatase (ALP) methods γ-glutamyl transferase method development Reactivation of ALP in dairy products BSE –Interim Final Rule Prohibited Cattle Material Specified risk materials (brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column, and dorsal root ganglia of cattle 30 months and older and the tonsils and distal ileum of the small intestine of all cattle) Material from non-ambulatory disabled cattle (downer cattle) Material from cattle not inspected and passed for human consumption Mechanically-separated Beef BSE – Amendments/Final Rule In April 2008 the IFR was amended so that FDA may designate a country as not subject to certain BSE-related restrictions concerning prohibited cattle materials applicable to human food and cosmetics FDA is in the process of evaluating the comments received to the IFR and the amendments and is developing a final rule in consultation with USDA Issued July 2004, effective immediately Consistent with USDA IFR, prohibits use of certain cattle-derived materials in human food (including dietary supplements) and cosmetics Recordkeeping final rule issued October 2006, effective in January 2007 Requires manufacturers and processors to maintain records sufficient to document compliance with the ban on prohibited cattle materials BSE – Amendments/Final Rule In September 2005, the IFR was amended to allow use of the small intestine, minus the distal ileum (which is a specified risk material), in human food and cosmetics The amendments also clarified that milk and milk products, hide and hide-derived products, and tallow derivatives are not prohibited cattle materials FDA is in the process of evaluating the comments received to the IFR and the amendments and is developing a final rule in consultation with USDA Current from the Dairy and Egg Branch (DEB) 8 CHECK RATINGS PLANTS, RS/TS AND BTU’s 1995-2008 Grade “A” CHECK RATINGS FY’08 REGION BTU’s PLANTS RS/TS TOTAL Single Service NE 13 14 0 27 1 CEN 35 29 1 63 4 SE 20 18 0 42 14 SW 50 21 5 58 14 PAC 31 38 0 45 16 TOTALS 149 120 6 275 49 Average FY Total Number = 290 600 500 400 TOTAL PLANTS RS/TS BTU's 300 200 100 0 1995 1997 1999 2001 2003 2005 2007 TOTAL ADVERSE ACTION RATES-CHECK RATINGS TOTAL ADVERSE ACTION RATES-CHECK RATINGS 1995-2008 AVERAGE OF TOTAL FOR THIS TIME PERIOD - 12.5% 25 20 TOTAL PLANTS RS/TS BTU's 15 10 5 0 1995 1997 1999 2001 2003 2005 2007 FY 2008 PLANTS 8.3% RS/TS 0.0% BTU’s 16.8% ALL 12.7% 2007 2006 7.5% 8.5% 18.2% 23.5% 14.1% 16.8% 11.6% 13.6% 2005 2004 2003 8.6% 13.5% 10.0% 0.0% 8.7% 10.0% 18.7% 15.7% 13.1% 13.5% 14.3% 11.6% 2002 2001 5.1% 9.2% 5.6% 3.7% 15.5% 12.6% 10.5% 10.8% 2000 1999 10.1% 10.9% 0.0% 0.0% 15.5% 20.5% 12.7% 15.1% AVERAGE ADVERSE ACTION RATES-CHECK RATINGS (1999-2008) PLANTS 9.3% RS/TS 6.9% WITHDRAWAL RATES (%) CHECK RATINGS 1995-2008 AVERAGE OF TOTAL DURING THIS TIME PERIOD - 2.9% 12 10 8 BTU’s 16.2% 6 OVERALL 12.6% 2 TOTAL PLANTS RS/TS BTU's 4 0 1995 1997 1999 2001 2003 2005 2007 9 AVERAGE WITHDRAWAL RATES-CHECK RATINGS (1999-2008) TOTAL WITHDRAWAL RATES-CHECK RATINGS FY PLANTS RS/TS BTU’s ALL 2008 2007 2006 1.6% 4.2% 2.3% 0.0% 9.1% 11.8% 6.7% 2.4% 5.6% 4.4% 3.3% 4.5% 2005 2004 1.4% 4.3% 0.0% 4.3% 3.9% 5.1% 2.6% 4.7% 2003 1.3% 0.0% 5.5% 3.3% 2002 0.6% 5.6% 5.3% 3.3% 2001 2.6% 0.0% 1.7% 1.9% 2000 1999 0.7% 1.6% 0.0% 0.0% 1.3% 4.7% 1.0% 3.1% .. Sizes 1”, 1¼”, 1½ “, 2”, And FEH315-PMO, 2½”, 3”, and 4” BTU’s 4.2% OVERALL 3.2% ISSUED 1/4/2010 BETA lactam TEST METHODS FOR USE UNDER APPENDIX N AND SECTION 6 OF THE PMO RECENTLY ISSUED CODED MEMORANDA: 3.1% ACTIONS FROM THE 2009 NCIMS CONFERENCE REC/TR M-a-85 (Revision #13) Issued October 14, 2009 (For Meter Based M-b-360 Continuous flow ISSUED 4/14/2010 (AMDERC) ABB FlowMaster Series, Hygienic Master Pasteurizer Magnetic Flow meter Integral And Remote Systems FEH321-PMO With FET321-PMO, Timing Systems) FEH325 With FET325-PMO, FEH311-PMO 2.1% RECENTLY ISSUED CODED MEMORANDA: RECENTLY ISSUED CODED MEMORANDA: IMS-a-47 PLANTS RECENTLY ISSUED CODED MEMORANDA: M-b-361 ISSUED 4/14/2010 (AMDERC) GEA Farm Technologies, Incorporated Cluster IQ Intelligent Quarter Milking System IQ Claw Model Numbers 7025-2620010, 7025-2620-020 And 7025-2620-030 10 RECENTLY ISSUED CODED MEMORANDA: RECENTLY ISSUED CODED MEMORANDA: M-b-362 M-b-363 ISSUED 4/14/2010 (PSRDERC) ISSUED 4/14/2010 (PSRDERC) Dairymaster Jetstream Model Numbers JS30 (2” Outlet), JS31 (2.5” Outlet), JS32 (3” Outlet) And JS33 (4” Outlet) Dairymaster Swiftflo Claw Model Numbers SF105 (Heavy Claw with Weight) And SF305 (Lite Claw Without Weight) RECENTLY ISSUED CODED MEMORANDA: RECENTLY ISSUED CODED MEMORANDA: M-I-96-10 (Revision #7) (DRUG RESIDUE TEST METHODS FOR CONFIRMATION OF PRESUMPTIVE POSITIVE RESULTS AND INITIAL PRODUCER TRACE BACK) - 1/4/2007 M-I-09-3(QUESTIONS AND ANSWERS RECEIVED FROM THE FIELD; REGIONAL MILK SEMINARS; AND FDA TRAINING COURSES HELD DURING FY 2008) - 5/29/2009 RECENTLY ISSUED CODED MEMORANDA: RECENTLY ISSUED CODED MEMORANDA: M-I-09-5(2009 REVISION OF THE M-I-09-4 2007 EVALUATION OF MILK LABORATORIES (EML) 9/21/2009 PROCEDURES GOVERNING THE COOPERATIVE STATE-PUBLIC HEALTH SERVICE/FOOD AND DRUG ADMINISTRATION PROGRAM OF THE NATIONAL CONFERENCE ON INTERSTATE MILK SHIPMENTS) 10/15/2009 11 RECENTLY ISSUED CODED MEMORANDA: M-I-09-6(ADDITION OF A CLAIM FOR WATER BUFFALO MILK TO THE CHARM SL BETA-LACTAM TEST KIT, DSM DELVOTEST P AND THE DSM DELVOTEST SP TEST KITS) - 10/16/2009 RECENTLY ISSUED CODED MEMORANDA: FOR SHEEP MILK TO THE CHARM SL BETA-LACTAM TEST KIT) - 11/3/2009 RECENTLY ISSUED CODED MEMORANDA: M-I-09-8(2009 REVISION OF THE RECENTLY ISSUED CODED MEMORANDA: METHODS OF MAKING SANITATION RATINGS OF MILK SHIPPERS AVAILABLE ELECTRONICALLY) - 11/4/2009 RECENTLY ISSUED CODED MEMORANDA: M-I-10-2(2009 Revision of the Grade “A” Pasteurized Milk Ordinance ) 1/5/2010 M-I-09-7(ADDITION OF A CLAIM M-I-10-1(2010 Revisions of the Indexes of Coded Memoranda ) - 1/4/2010 RECENTLY ISSUED CODED MEMORANDA: M-I-10-3(2009 Revision of the Grade “A” Pasteurized Milk Ordinance on FDA’s Web Site) - 5/14/2010 12 RECENTLY ISSUED CODED MEMORANDA: M-I-10-4(2009 Revision of the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments on FDA’s Web Site) - 5/14/2010 RECENTLY ISSUED CODED MEMORANDA: M-I-10-5(2009 Revision of the Methods of Making Sanitation Ratings of Milk Shippers on FDA’s Web Site) - 5/14/2010 RECENTLY ISSUED CODED MEMORANDA: IMS LISTINGS FROM OUTSIDE THE U.S.: M-I-10-6(Questions And Answers Received From The Field; Regional Milk Seminars; And FDA Training Courses Held During FY 2009 And The First Quarter of FY 2010) - Compliance Policy Guide 560.400 Imported Milk and Cream – Federal Import Milk Act available at: 2-SPAIN 3-CANADA 2-MEXICO 2 GREECE FIMA Permit Required for….. http://www.fda.gov/ICECI/ComplianceManu als/CompliancePolicyGuidanceManual/ucm07 4571.htm SEPARATE SECTION FOR IMS LISTED SHIPPERS FROM FOREIGN COUNTRIES 6/17/2010 The Federal Import Milk Act (FIMA) IMS LIST Milk Low fat milk Skim milk Fortified milk Flavored milk Concentrated milk Sweetened condensed milk* Cream Half-and-half Heavy cream Light cream Light whipping cream Non-standardized bulk shipped milk products Ultra-filtered milk* * Such as bulk shipments. Does not include hermetically sealed,. 13 FIMA Permit Not Required for…. Hermetically Sealed Products Ultra-HighTemperature (UHT) Milk Sweetened Condensed Milk Evaporated Milk Ultra-Filtered Milk Other Milk Products Dried Products Dry Whole Milk Non-fat Dry Milk Non-fat Dry Milk Fortified with Vitamins A and D Dry Cream Other Dehydrated Milk Products Federal Import Milk Act Import - Permit Holders Permit Holders Authorized to Import Fonterra CoPasteurized Frozen Operative Group, Cream Hamilton, NZ NCIMS EXECUTIVE BOARD 2011 NCIMS CONFERENCE SHERATON BALTIMORE CITY CENTER JOHN BEERS - CHAIRMAN BALTIMORE, MARYLAND April 28-May 4, 2011 [email protected] 804-786-1452 MARLENA BORDSON - EXECUTIVE SECRETARY [email protected] 217/762-2656 Future Directions Successful NCIMS Partnership A positive spirit continues to grow between the FDA and the NCIMS. We have come a long way together since: The first PMO issued by the Public Health Service (November, 1924) FDA is committed to this cooperative spirit. The first National Conference on Interstate Milk Shipments (June, 1950) FDA continues to seek science-based regulatory solutions towards protecting the nation’s food supply. Formalization of the Memorandum of Understanding (August, 1977) 14 USDA – AMS – Dairy Programs Overview and Update Dairy Programs Services Grading and Standards Market News Will Francis Associate Deputy Administrator Order Formulation and Enforcement Dairy Programs-AMS-USDA Grading: Purpose: Improve quality, manufacture, and distribution of dairy products Staffing 38 full-time employees 11 intermittent employees Supervise 12 State employees Promotion and Research Federal Milk Marketing Orders Grading: How we do it Product evaluation: butter, powder, cheese •Do not grade fluid milk Plant surveys and equipment review •Dairy and Meat and Poultry Resident programs Export certifications Budget $5.2 million Grading: How Much We Do FY 2010 workload: 1 billion pounds of butter, cheese, and NFDM •Almost all butter produced 219 million pounds that were exported 700 plant inspections 198 equipment inspections Grading: Export Certification Certificates attest products are: Fit for human consumption Produced under sanitary conditions Free from animal disease Federally inspected FY 2010 Workload Issued over 12,000 export certificates >784 million pounds of dairy products New EU process* Metastorm 1 Standards To be covered tomorrow by Sue, Reggie, and Evan Market News To provide timely and accurate information on the prices paid and volumes traded of milk and dairy products through collecting market information analyzing and verifying marketing information disseminating marketing information interview approximately 250 buyers and sellers of fluid milk and dairy products report on international market activities expanding organic product reporting Promotion and Research Promotion and Research Two Programs: Processor (Fluid Milk since 1993) Producer (Dairy since 1984) Collect over $390 million 15 cent producer assessment ($284 million) 20 cent processor assessment ($107 million) Secretary‟s Dairy Industry Advisory Council Dairy Industry Advisory Council Meetings held in April and June 2010 – next meeting scheduled for September 2010 http://www.fsa.usda.gov/DIAC Working toward consensus national dairy policy recommendations to feed into the 2012 Farm Bill 2 Fluid Milk Product Definition • • • • • 2009 PMO Definition X – describes what will be included in Grade „A‟ Recent Federal Order Decision (75 FR 33534 and correction 75 FR 36015) Describes what is included in Class I milk Adds protein standard to currently existing nonfat milk solids standard Specific exemptions Federal Milk Marketing Order Areas Federal Milk Order Program Basic overview and 101 primer • Federal Milk Order Program 8 Market Administrators About 390 employees compute and publish minimum prices conduct audits to verify processing plant records verify weights, sampling and testing of producer milk monitor local marketing conditions excepted service employees Federal Milk Marketing Orders Authorized by the AMAA of 1937, as amended Adequate supply of fluid (beverage) milk for processors and consumers Structure for marketing – regulates handlers Producers request and maintain Paid for by handlers – not dairy farmers FMMOs Help Producers By: • • • • Establishing monthly minimum prices based on supply and demand paid by handlers Allowing market forces to determine over-order payments Ensure proper payments by: Auditing handler records for milk use Verifying weights and tests of milk Enforcing timely payments Providing substantial market information 3 Basic Reasons for Establishing FMMOs Continue Today: A Federal Milk Order Does: • Inherent instability in milk markets Highly perishable, ship daily, expensive to transport Reserve supply is needed to balance markets Producers are price takers Contributes to market power balance between producers and processors Contributes to stable fluid milk supply for consumers • • • A Federal Milk Order Does Not: Regulate producers or guarantee a market for milk Set maximum levels of prices to producers Set wholesale or retail packaged milk prices • Regulate from whom a handler may buy or sell milk Restrict production Establish sanitary or quality standards Important Concepts • • • • Provide a framework to make buying and selling milk a more orderly process. Allow market supply and demand conditions to determine the basic price level of milk. Enforce timely minimum payments to producers. Promote equity among handlers by establishing identical minimum class prices for all handlers similarly located. Provides market statistics and economic analyses Important Concepts Classified Pricing Handlers pay for milk based upon how it is used (Class I, II, III, IV) Manufacturing uses based upon competitive prices for dairy products Same in all locations Class I differential added for milk in fluid use to reflect additional costs – primarily transportation and quality Sharing the Higher-Valued Milk Utilization Marketwide Pooling Class I Lbs. Total classified value of milk for the market is averaged or “pooled” among ALL dairy farmers who ship to the market regardless of how their milk is used Class II Lbs. Qualification requirements for producers Class III Lbs. Average Price Class IV Lbs. (Blend/Uniform Price) NFDM 4 Simplified Pooling Example Class I Price = $14.00 Class III Price = $12.00 Class Price Pounds Class I New with 2008 Farm Bill Classified Value (25%) 100,000,000 X $14.00 = $14,000,000 Class III (75%) 300,000,000 X $12.00 = $36,000,000 (100%) 400,000,000 $50,000,000 Supplemental Rules of Practice for Federal milk orders – establishes guidelines and timeframes to improve the timeliness of the federal milk order hearing process, effective 8/19/08 Dairy Forward Pricing Program – Allows handlers of Class II/III/IV milk under FO’s to contract with producers/cooperatives and be exempt from FO minimum prices, effective 10/31/08; expires 9/30/15 $ 50,000,000 4,000,000 cwt = $12.50 per cwt Average Value (Statistical Uniform Price) (cwt = hundred pounds of milk) 25 Latest FO Decisions Producer-Handler Decision – Hearing: May 4-20, 2009 – Recommended Decision: October 21, 2009 – Final Decision: March 4, 2010 » PH limited to 3.0 million in Class I sales – All Amended Orders Approved by Producers » Effective June 1, 2010 – 15(A) filed May 16, 2010 Latest FO Decisions Class I Fluid Milk Product Definition – – – – Hearing: June 20-23, 2005 Recommended Decision: May 17, 2006 Final Decision: June 14, 2010 Major proposed concepts: Class I based on Protein-2.25 and SNF-6.5 Liquid yogurt/kefir, Class II Meal replacement & Other, Class II – Vote in process For more Information Will Francis USDA – AMS – Dairy Programs 1400 Independence Ave, Washington, DC 20250 202-720-7183 [email protected] 5 Julie-Marie R. Bickford Ms. Bickford is the Executive Director of the Maine Dairy Industry Association, a group that represents all of Maine’s 310 dairy farmers. Ms. Bickford has held the position for almost 10 years. Julie-Marie grew up in Northern Maine in an active agricultural community whose dominant crops were potatoes, broccoli and grains. She received her BA in Government/American Studies from Bowdoin College and following a brief career as a television videographer/reporter, she started entered public service. Julie-Marie was elected to the Maine Legislature in 1992 and served two terms in the House of Representatives. She continued to expand her professional resume by serving as the Chief of Staff to the House Minority Caucus in the Maine Legislature, as well as staffing 2 U.S. Senators. During this time Julie-Marie also operated her own public relations/grassroots advocacy consulting firm. In 1998 she began to focus on her consulting business full time. In 2001 Julie-Marie was hired as a consultant to staff the newly reconstituted Maine Dairy Industry Association (MDIA), which was transitioning from an ad hoc part-time volunteer organization to a more structured trade association. In 2006 Julie-Marie was officially hired as the full-time executive director of MDIA. MDIA has seen significant growth in both the scope and magnitude of activities and participation in the Maine agricultural and governmental communities since first hiring Ms. Bickford. MDIA maintains an active presence in the Maine State Legislature, regulatory actions across Maine state government, US Congressional legislative proposals , USDA regulatory hearings, and within the Federal Order pricing system. Most recently, MDIA was a featured presenter at US Secretary Vilsack’s special task force on dairy pricing and MDIA has representation on 2 panels during the US Department of Justice’s listening sessions on competition in the dairy industry that were held in Madison, WI. MDIA representatives have traveled throughout New England and as far away asto New Jersey, Pennsylvania, North Carolina, Florida, New Mexico, Wisconsin, Kansas and Washington, DC to promote a federal order proposal that USDA has been considering since 2005 that would modify the way milk is priced to be more responsive to the needs of producers. MDIA has had articles published in Eastern Dairy Business and Hoard’s Dairyman, as well as many New England newspapers and magazines. Julie-Marie continues to coordinate MDIA activities along with a 12-member Board of Directors. She resides in Topsham, Maine with her 11 year old son and 5 year old daughter. Milk = Complicated Maine Dairy Industry Association NADRO Conference July 12, 2010 Cows Predicting Milk Prices Milk The history of milk prices 1 Low milk prices impact every state A new way to deal with the problem… The Maine Dairy Stabilization Program Cows at the Capitol “Tier” Program November 2009 Prices Based on information from the Maine Milk Commission The Tier Program Concept $3.80 Milk Money Average Price Paid by ME Consumer $3.40 Fill the gap between the price farmers are paid and their cost of production $3.04 ME Retail Minimum Price Minimum Paid to Maine Processor $1.74 $1.29 ME Farmer Short-run Breakeven Cost of Production Minimum Paid to Farmer 2 Maine Dairy Stabilization Program Tier Levels (Effective 7/1/07 to 6/30/10) Tier: Tier 1 (Small Farm) Tier 2 (Medium Farm) Tier 3 (Large Farm) Annual Production Range: Target Price: 0 – 21,355 CWT $20.70 Over 21,355 to 49,079 CWT $18.07 Over 49,079 CWT $17.29 Traveling through the Tiers June – Everyone’s production starts at 0 pounds = Tier 1 Move through the Tiers More cows = move faster Understanding How to Calculate the Tier Payments (Nov. 2009 prices) Basic Price for Milk (Statistical Blend) $15.02 MILC payment for November 2009 + $ .37 + $ .8415 Traveling through the Tiers Each farm’s production is individually tracked each month (45% of difference of $16.94 and Boston Class 1 + feed adjustment) Over Order Premium for November 2009 (55% Class I utilization of $1.53) ($1.50 = $1.10 over order + $.43 rBST-free premium) = $ 16.23 Each farm’s Tier Payment is individually calculated for each month ($16.2315) Understanding How to Calculate the Tier Payments (Nov. 2009 prices) Tier 1 $20.70 - $16.23 = $4.47/cwt Tier 2 $18.07 - $16.23 = $1.84/cwt Tier 3 $17.29 - $16.23 = $1.06/cwt Milk Money – Part 2 Milk Handling Fee Note: Due to State Budget limitations, Maine dairy farmers did not receive any Tier Program price support payments for November’s milk production. 3 Milk Money – Part 2 Current Handling Fee Schedule Effective March 2010 Class I Price of Milk Milk Handling Fee First entity to touch milk, pays fee to state of Maine Class I of Milk Per Gallon Fee $21.00 and over $20.00 to $20.99 $ 0.04 $ 0.08 $19.50 to $19.99 $ 0.12 $19.00 to $19.49 $ 0.16 $18.50 to $18.99 $ 0.20 $18.00 to $18.49 $0.24 Handling Fee increases incrementally by $.04 every $.50 of Class I price Maximum Fee Rate = $0.84 / gal (reached when Class I price falls below $10.99/cwt) Tier Program Payments July 2004- June 2010 $55 million For Maine dairy farmers Average payment = $ 1.53 / cwt $157,000 per farm Federal Legislative Issues MDIA is promoting a better way to price milk… Competitive Pay Pricing The Future of the Tier Program… Economic Outlook Maine Dairy Industry Association Big Ideas from a Little Dairy State 4 Bill Eldridge Bill Eldridge, the principal of GWE Consulting, brings over 46 years of domestic and international agri-business experience to Maine’s agriculture and food sectors. From growing to marketing, from quality control to finance, from exotics to apples, from pork to catfish, from billion dollar multi-nationals to starting blueberry growers, Bill’s experience provides a wide vision of what Maine’s agriculture can be. For the past year, Bill has been deeply involved in creating MOOMilk (Maine’s Own Organic Milk Company). MOOMilk supports 8 organic dairy farms and sells its milk throughout the states of Maine and New Hampshire. Jamie Jonker Jamie Jonker is the Vice President of Regulatory & Scientific Affairs for the National Milk Producers Federation (NMPF) in Arlington, VA. Jamie has general responsibilities in regulatory affairs, including animal health and welfare, animal biotechnology, dairy farm bio-security, dairy farm air and water quality, dairy processing and products, and technical service issues. Jamie has extensive experience representing producers and National Milk at both the national and international levels and his roots are firmly entrenched on the dairy farm. He grew up on a 100 cow dairy farm in Stone Arabia, NY and he has dairy and animal science degrees from State University of NY College of Ag and Technology as well as Cornell and he earned his PhD with a concentration in dairy nutrition from the University of Maryland. 2010 Updates • • • • Foundation for the Future Misbranding of Products Raw Milk Spill Prevention, Control and Countercontrol (SPCC) Regulations • Animal Care and Well-Being • Antimicrobial Use and Residues • EU SCC Threshold Update from the National Milk Producers Federation Jamie Jonker Vice President, Scientific & Regulatory Affairs National Milk producers Federation Foundation for the Future: A multi-faceted approach to dairy policy 1) Revises Federal Support (Safety Net) Programs 2) Creates a new Dairy Producer Margin Protection Program to protect producer equity 3) Reforms the Federal Milk Marketing Order system 4) Addresses market imbalances with a Dairy Market Stabilization Program 4 Why Discontinue the Dairy Product Price Support Program Why Replace the Milk Income Loss Contract Program • • • • • It reduces demand for U.S. dairy products Dampens our ability to export Encourages more foreign imports into the U.S. Acts as a disincentive to product innovation. Supports dairy farmers around the world and disadvantages U.S. dairy farmers. • Isn’t managed to fulfill its objectives. • Achieves price levels not relevant to farmers in 2010. • It is an inconsistent safety net program for dairy farmers facing very low operating margins. • Does not adequately offset high feed costs. • Its price target does not track national milk prices. • Foundation for the Future (FFTF) changes the focus from price to margins. • Unlike MILC, FFTF treats all farmers equally regardless of size or region. 5 6 1 2. DAIRY PRODUCER MARGIN PROTECTION PROGRAM The Principles of the DPMPP • The DPMPP provides two levels of coverage: • DPMPP supports producer margins, not prices. • DPMPP addresses catastrophic conditions and persistent periods of low margins each of which can result in the severe loss of equity. • The DPMPP would be operated by the Farm Service Agency (FSA). • DPMPP has no payment limitations based on income and/or size of herd (milk production). 7 – A Base Plan at no cost to producers – A Supplemental Plan that allows producers to purchase additional coverage. • The DPMPP will not cover new production beyond the milk base. • Margin guarantees are fixed for the duration of the Farm Bill. 8 New Measure of the Producer Margin • The “Margin” is defined as the All Milk Price calculated by NASS minus the total cost of purchased feed needed to produce a hundredweight of milk. 3. FEDERAL MILK MARKETING ORDER REFORM FFTF is evaluating revisions to the Federal Milk Marketing Order (FMMO) Program with three primary objectives in mind : • To address the inequities and the inadequacies of end-product price formulas; • To encourage manufacturers to produce new products resulting in higher returns both to themselves and to dairy producers; • To achieve an end result that is as revenue neutral to producers as possible. • The feed cost uses a new ration developed by NMPF and is calculated by including all cows on a dairy farm, (i.e. hospital cows, dry cows) as well as replacement calves and heifers. 9 1 0 Federal Milk Marketing Order Reform, cont. 4. DAIRY MARKET STABILIZATION PROGRAM The benefits of making changes would include: • The DMSP is intended to absorb some of the shocks that market volatility may cause. • The DMSP designed to act swiftly, but infrequently, to address brief imbalances in the market. • DMSP based on a margin, works in conjunction with the Dairy Producer Margin Protection Program (DPMPP). • DMSP will use the same margin determined monthly for the DPMPP. • True market price discovery for milk used in manufactured products • Eliminating end-product pricing formulas • Reducing price volatility - competitive pricing less volatile than product price formulas • Encourages product innovation by not locking manufacturers into a minimum price based on the value of a dissimilar product. 1 1 1 2 2 DAIRY MARKET STABILIZATION PROGRAM, CONT. Some of the Key Principles of the DMSP: • Allow for production growth. • Reduce margin volatility. • Keep government intervention at a minimum. • Not encourage imports or negatively affect exports Labeling/Misbranding of Non-Dairy Products 1 3 Formulated Substitute • Muscle Milk® does not contain real milk. • The product formulation includes: – Dairy-based ingredients (calcium and sodium caseinates, whey, and milk/whey protein isolates) – Vegetable oils – Functional additives (thickeners, sweeteners) – Vitamins and minerals Plant-Based Beverages • Beverages are produced from various plant sources and marketed as “milk”. www.cytosport.com Other Non-Dairy Foods – Legumes (soy, peanut, pea) – Nuts (almond, cashew, hazelnut, walnut) – Grains (barley, oat, rice, wheat) – Seeds (sesame, hemp, sunflower) – Potatoes http://www.8thcontinent.com/ http://www.bluediamond.com/ False Advertising • Other non-dairy products using the names of standardized dairy foods: – – – – Yogurt Sour Cream Ice Cream Cheese • Combination foods made with dairy analogs as ingredients http://www.tofutti.com/frozenfoods.shtml http://www.tofutti.com/cheese.shtml http://www.wholesoyco.com/ http://www.amys.com/ http://www.turtlemountain.com/ 3 Meta Tags on Websites http://www.turtlemountain.com/products/p urely_decadent.html <meta name="keywords" content="Turtle Mountain, Organic Soy Delicious, Purely Decadent Soy Delicious, Soy Delicious, Its Soy Delicious, soy ice cream, soy frozen desserts, non-dairy ice cream, natural ice cream, natural frozen dessert, vegan ice cream, lactose intolerant, vegetarian ice cream, vegetarian foods, non-dairy frozen desserts, soy foods"> Product Misbranding • April 28, 2010: – Letter sent to FDA requesting action against misbranded imitation dairy products. – Supplementary (76-page) appendix included photos of plant-based beverages, “Muscle Milk”, and plant-based foods (cheese, yogurt, ice cream, sour cream…). Product Misbranding • April 29, 2010: Raw Milk • July 25, 2010 FDA response – Evaluating information provided in letter and considering appropriate follow-up steps Raw Milk • NMPF & IDFA joint statement on WI raw milk bill – Gov. Doyle vetoed bill • Continuing Outbreaks – Just May 2010 – Washington – E. coli – Utah – Campylobacter – Utah – Salmonella – Minnesota – E. coli Food Safety Legislation • Food Safety Act, S. 510 – PMO – now included as a program that can meet the bills requirements – Raw Milk – require registration and inspections by closing the loop-hole for raw milk facilities (not yet included) 4 SPCC Regulations Spill Prevention, Control and Countercontrol (SPCC) Regulations • Goal – prevent oil spills into waters of the United States and adjoining shorelines • Oil – includes such as diesel fuel, gasoline, lube oil, hydraulic oil, adjuvant oil, crop oil, vegetable oil, or animal fat – Milk Fat is an animal fat and subject to regulation • Regulatory Threshold – 1320 gallons or more storage capacity for every storage container larger than 55 gallons – Bulk milk storage is included • Requirements – SPCC plan – Self certified from 1320 – 10,000 gallons storage capacity – Public Engineer certified for sites above 10,000 gallons storage capacity SPCC Plans for Dairy Producers • Required if: – Oil storage capacity is 1320+ gallons – Farm in operation prior to August 17, 2002 – All farms by November 10, 2010 SPCC Outreach and Education • USDA-NRCS Matching Funds to assist dairy producers: – Development of a self-certification template – Educational webinars to train dairy producers – NRCS to provide technical assistance to dairy producers to comply with the SPCC regulations • EPA proposed bulk milk storage exemption – January 15, 2009 Federal Register notice – For milk storage and piping designed to PMO standards • June 9, 2010 EPA committed to finalize exemption “as expeditiously as possible…to have that process completed by early 2011” Undercover Videos Animal Care and Well-Being • • • • Penn. – Sept 2009 New York – Jan 2010 Ohio – May 2010 Next? • Charged with 12 counts animal cruelty 5 National Dairy FARM Program • Spanish translations online – Manual de Cuidado de Animales – Referencia Rápida Guía del usuario • Animal Care DVD nearly complete – Will be available in online library • www.nationaldairyfarm.com Evaluator Training • Train-the-Trainer 2-Day Course – Classroom and farm portions to train persons to train evaluators – May 18-19 – Rochester, MN (21 participants) – June 28-29 – Fresno, CA (9 participants) – July 20-21 – Harrisburg, PA (19 participants) • Evaluator Training – 4-hour classroom evaluator training – Over 100 people trained Timeline • April-June 2010 – Begin 2nd party evaluation training, complete Spanish translations • Summer 2010 – Begin 2nd party evaluations • Fall 2010 – Request for proposals for 3rd party verification • Winter 2011 – Select 3rd party verification provider • Spring 2011 – Begin 3rd party verification process Legislative Activity • House & Senate staff briefings – Leon Weaver, DVM served as dairy expert (NMPF Animal Health & Welfare Committee member) • PAMTA bill – Applies only to antibiotics used in human medicine – not ionophores – Covers ‘nontherapeutic use’ - in the absence of any clinical sign of disease in the animal for growth promotion, feed efficiency, weight gain, routine disease prevention, or other routine purpose. – medicated milk replacers? Antibiotics Regulatory Activity • FY09 National Milk Drug Residue Database – 1 out of 3846 tankers tested positive • FSIS Tissue Residue Violator List – 450-550 dairy cull cows past 12 months • Revision to 2009 Milk and Dairy Beef Residue Prevention Protocol underway – Revised 2011 available Fall 2010 6 EU Export Certification • SCC changes EU SCC Threshold – From comingled milk on tanker or silo to individual farm – Remains 400k regulatory threshold • Implementation timeline – Originally announced on Jan 26th effective immediately – Joint government and industry effort moved to October 1st – On-going government discussions with EU make current date unknown NMPF Perspective • NMPF Policy Statement – The Federation opposes the inclusion of unnecessary provisions (e.g., quality parameters) in regulations related to food safety. • Lowering SCC levels from the current 750,000 cells/ml has no public health significance Questions? Jamie Jonker Vice President, Scientific & Regulatory Affairs National Milk producers Federation 7 Susan Sausville Sue graduated from the University of Vermont with a M.S. in Dairy Science. After graduation she worked for Agri-Mark, Inc. as their Laboratory Manager for 10 years before going to USDA. She began her career at USDA with the Milk Market Administrator’s office in Alexandria, Virginia as their Chief Chemist in charge of marketing services. As she progressed, her career took her to Washington to serve as the National Coordinator for Marketing Services for the Federal Order Program. In 1998, she moved on to the Dairy Standardization Branch. Subsequently, in 2002 Sue became Chief of the Dairy Standardization Branch. 1/10/2011 U.S. Department of Agriculture, Agricultural Marketing Service, Dairy Programs Office of the Deputy Administrator Deputy Administrator Dana Coale Associate Deputy Administrator David Jamison Dairy Standardization Branch Update Milk Market Administrators Sue Mosley – Atlanta GA Erik Rasmussen – Boston, MA Paul Huber – Cleveland, OH Cary Hunter – Dallas, TX David Stukenburg – Kansas City, KS Harold Friedly – Louisville, KY Paul Kyburz – Minneapolis, MN James Daugherty – Seattle, WA Order Formulation and Enforcement Branch Chief William Francis Senior Specialists Gino Tosi Jack Rower Administrative Office Chief Karen Comfort (on detail) MA Personnel Staff Chief Sue Taylor Grading Branch Assistant to the Deputy Administrator Cliff Carman Chief Economist Chief Ken Vorgert National Field Office National Field Director Noreen Ratzlaff Standardization Branch Chief Susan Sausville John Mengel Economic Analysis Staff Market Information Senior Economist Howard McDowell Chief John Wetterau Order Operations Chief Bill Newell Promotion and Research Branch Whitney Rick National Dairy Market News Office National Supervisor Don Nelson General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service USDA Dairy Grading and Standardization Branch Proposed Rule Under Development David Jamison Associate Deputy Administrator 202- 720-5751 • Raise the maximum allowable somatic cell count in goat milk from 1 Million to 1.5 Million. Ken Vorgert Chief Grading 202-720-3171 Carrie Sayasithsena National Program Coordinator Grade Labels and Resident Programs Export Certification 202-720-9381 Phil Wolff National Program Director Plant Surveys 202-720-9386 Rocky Bates Equipment and Facility Review Specialist 202 -720-1671 Susan Sausville Chief Standardization 202-720-9382 Noreen Ratzlaff National Field Office 630-437-5037 Charlsia Fortner Agricultural Marketing Specialist 202-720-9383 Reginald Pasteur Agricultural Marketing Specialist 202-690- 3571 • Remove the requirement for sediment testing. The requirement for testing for sediment will be retained on those farms that still collect their milking in cans. The revised draft will be sent out for comment and published in the Federal Register. Evan Stachowicz Equipment Review Specialist 202-720-9385 • Work plan has been completed. • Changes will be published in the Federal Register with a 60 day comment period. 9th Session of the Codex Committee on Milk and Milk Products Milk for Manufacturing Purposes and Its Production and Process Notice under development • Work plan has been approved to raise the maximum allowable somatic cell count in goat milk from 1 Million to 1.5 Million. • Changes will be published in the Federal Register with a 60 day comment period. • Work plan being developed to make changes to sediment testing and bring up to date. • • • • • Reference to Voluntary Application of Provisions in Codex Commodity Standards Draft Amendment to the Codex Standard for Fermented Milks Pertaining to Drinks Based on Fermented Milk Draft Standard for Processed Cheese Maximum Levels of Annatto Extracts in Standards for Dairy Products Report on the IDF/ISO Working Group on Methods of Analysis and Sampling for Milk and Milk Products 1 1/10/2011 CCMMP • • • • Inconsistent Presentation of Food Additive Provisions in Codex Standards for Milk and Milk Products Consistency of the Model Export Certificate for Milk and Milk Products (CAC/GL 67-2008) with the Generic Model Official certificate (Annex to the Guidelines for Design, production, Issuance and Use of the Generic Official Certificates(CAC/GL 38-2001)) Types and Maximum Levels of Lycopenes in Fermented Milk Review of Contaminants Section in Standards for Milk and Milk Products New Somatic Cell Requirements for EU Export Certification • Changes the 400,000 SCC requirements from sampling at the processor-level either from tankers received or silos to individual farms. • A meeting took place last week between the U.S. and EU representatives to clarify details of how the EU requirements are implemented in Member states. • Meeting went well. A written report is being prepared so the details are clear and all representatives have the same understanding of the discussions. • The implementation date is uncertain because it is the adoption date of the new EU certificate by the EU Commission. 2 Dale Kleber Dale E. Kleber is the CEO of the American Dairy Products Institute, the national trade association for manufactured dry dairy ingredients (including dry milks, whey proteins, and lactose) and evaporated and condensed milks. Dale has a diverse dairy and food industry background with more than 20 years of experience in dairy and food-related businesses. Dale is a graduate of Vanderbilt’s School of Law. He has worked for two U.S. Congressmen and in the food industry; he has worked with Staley Continental, Dean Foods and The Aperio Group in Chicago prior to coming to ADPI. 1/10/2011 What is the American Dairy Products Institute ? • ADPI is the leading association for manufactured dairy products. National Association of Dairy Regulatory Officials • “Nutritious Ingredients from Nature’s Perfect Food” • ADPI's main purpose is to promote the acceptance and use of processed dairy products, both nationally and internationally, by communicating the many positive health and nutritional attributes of milk-derived products. Dale E. Kleber CEO, American Dairy Products Institute July 13, 2010 Portland, ME What Products Does ADPI Represent? • Whey Products – – – – – – – – Concentrated Whey Dairy Products Solid Dry & Sweet Whey Lactose Reduced Lactose Whey Reduced Minerals Whey Whey Protein Concentrate Whey Protein Isolate • Dry Milks – – – – – ADPI History American Dairy Products Institute (ADPI) 1975 Whey Products Institute (WPI) formed formed by merger of American Dry Milk Institute & Whey Products Institute April 1986 1987 Evaporated Milk Association merges into ADPI – – – Evaporated Filled Milk Evaporated Milk Evaporated Skim Milk • Condensed Milk • Cheese – – – Cheese Products Natural Cheese Processed Cheese Who Are Our Members? For more than 75 years, processed dairy products industry has relied on ADPI for government & regulatory affairs representation, technical services and communication. 1925 American Dry Milk Institute (ADMI) formed Dry Buttermilk Dry Buttermilk Product Dry Whole Milk Instant Nonfat Dry Milk Nonfat Dry Milk • Evaporated Milks 1997 Cheese division formed within ADPI • ADPI represents firms engaged in the processing, and marketing of processed dairy products, as well as manufacturers, distributors, and providers of goods and services to the industry. • Our members are proprietary organizations & cooperatives to sole proprietorships and Fortune 500 companies. • ADPI member companies produce & market a wide range of dairy based products and ingredients. The major categories include; milk products, whey products, evaporated milks, and cheese 1 1/10/2011 Membership Classifications ADPI Committees • Processors – firms processing milk solids into finished marketable and/or intermediate products at a plant located within the United States • Associate Processors – firms which continue the processing of milk solids (for example, agglomeration, hydrolysis, fermentation) and market a finished dairy product. • Affiliate – firms manufacturing or distributing equipment and materials, or •Technical Committee •Marketing Committee •Lactose Committee supplying services related to the production, handling and/or marketing of milk solids. •Evaporated Milk Committee • Utilization – firms using milk solids who neither process milk solids, nor •Affiliate Member Committee supply equipment, materials, or services to the industry. • International – firms which process or further process milk solids and do not have a plant located within the United States. ADPI Core Mission • ADPI's main purpose is to promote the acceptance and use of processed dairy products. ADPI provides overall assistance to member organizations, and works to ensure that laws and regulations governing the processed dairy products industry are beneficial, effective and practical. • Additionally, ADPI serves its membership by: ADPI’s Key Relationships Researchers & Academia Other Dairy & Industry Associations Suppliers Government Policy Makers Member Processors Government Regulatory Agencies – Representing the industry's interests in government and regulatory affairs; – Establishing uniform product and quality standards; – Providing technical assistance and marketing support; – Collecting and disseminating key production and utilization statistics; – Monitoring and disseminating current dairy industry information and new developments; – Collaborating with other dairy associations on issues of common interest; and – Providing a strong, effective voice for the manufactured dairy products industry. Member Services: Publications, Statistics & Information Customers & End Users Consumers Financial & Futures Markets Member Services: Technical Support • ADPI Dry Milk and Whey Product Standards • • • • e-Update Newsletter Website: www.adpi.org Technical News Quarterly ADPI Annual Industry Census – Dairy Products Utilization and Production Trends • ADPI Whey Research Compendium – ADPI Bulletin 916, “Standards for Grades of Dry Milks Including Methods of Analysis,” details the grade standards for • Nonfat Dry Milk (NDM), Instant NDM, Dry Whole Milk (DWM), Dry Buttermilk and Dry Buttermilk Product. It also covers the typical test methods that are used on dry milks. – ADPI Bulletin W-6, “Whey & Whey Products – Definitions, Composition, Standard Methods of Analysis,” • Whey, Concentrated Whey, Dry Whey, Reduced Lactose Whey, Reduced Minerals Whey, Whey Protein Concentrate, Whey Protein Isolate and Dairy Product Solids. Quarterly Salmonella Survey • Samonella Benchmarking Survey • Proficiency Lab Testing – Pilot Study 2 1/10/2011 Member Services: Lab Proficiency Testing: Supported Industry Organizations Example - New Lab Aligns Method Bias •3-A Sanitary Standards Inc. (3-A SSI) •A founding member of 3-A SSI, ADPI represents the users (processors) of the equipment that depicts the 3-A symbol. •The 3-A symbol means that the equipment meets the 3-A Sanitary Standard • ADPI works together with equipment manufacturers & regulatory sanitarians to develop 3-A Sanitary Standards and 3-A Accepted Practices for dairy and food processing equipment and systems. •ADPI Technical Director is current 3-A SSI Chairman •U.S. – International Dairy Federation (US-IDF) •ADPI collaborates with others in the U.S. dairy industry and the world to develop international (Codex) standards for milk & milk products. These standards facilitate trade for the U.S. and other countries. ADPI serves on the Board of Directors of US-IDF. Member Services: ADPI Member Education Upcoming Programs & Events Supported Industry Organizations •U.S. Whey Protein Research Consortium •ADPI collaborates with others in the whey industry to develop a general claim for whey proteins. •This collaborative effort supports clinical trials of whey proteins looking at weight loss, satiety and heart health. • ADPI / ABI Annual Conference – April 24th - 26th, 2011, Chicago, IL • Technical Symposium – September 14th - 15th, 2011, Ithaca, NY •National Conference on Interstate Milk Shipments (NCIMS) •ADPI attends this biennial conference to deliberate proposals that will change the Pasteurized Milk Ordinance (PMO) • ADPI works closely with our members and other dairy trade associations to ensure that the proposals will benefit the dairy industry from the dairy producers through the processors and finally to the consumers. • Dairy Ingredient Seminar – October 5th -5th, 2011, Shell Beach, CA • Dairy Financial Risk Seminar – TBD, Late Fall, 2010, Chicago, IL • International Whey Conference 2011 •USDA Agricultural Technical Advisory Committee for Trade in Animals and Animal Products ADPI / ABI Annual Conference April 24 – 26, 2011 – September 11, 2011, Chicago, IL ADPI / ABI Annual Conference • Attended by over 700 manufacturers, marketers and suppliers of manufactured dairy products from 16 different countries. • Informative Presentations and Programs • Lively Evening Receptions Serving Award-Winning Cheeses • New Exhibit Hall Layout for Greater Visibility and Interaction • Outstanding Networking Opportunities - Business Suites • Complimentary Afternoon Social Hour in Exhibit Hall 3 1/10/2011 2010 Dairy Ingredient Seminar October 5 & 6, 2010 Shell Beach, CA Topics Include: • Milk Refining and Production of Milk Protein Products • Principles and Types of Filtration Processes Applied Topics Include: to Milk and Whey • Membrane Fouling and Approaches to Control it • Dairy Processing Overview • Types of Ceramic Microfiltration Processes (UTP / • Cheese Market Outlook GP / ISOFLUX) for Separation of Caseins and • Washington Policy Outlook Removing Bacteria From Skim Milk Using • CME Update Microfiltrations • Butter Market Factors Influencing the Separation and Yield of • California Dairy Outlook Flavor and Functionality of 34% and 80% WPC and • Global Dairy Trading MSPC • Commodity Outlook Session on efficiency of removal of serum proteins • Dry Whey & WPC Membranes, GP Ceramic Membranes, Polymeric • Milk Powder Outlook (PVDF) Spiral Wound Membranes and ISOFLUX • Food Safety Ceramic Membranes • Dairy Standards Serum Proteins • • Caseins and Serum Proteins by Microfiltration • • from skim milk by microfiltration: UTP Ceramic • Northeast Dairy Foods Research Center Pilot Plant Tour and Membrane Filtration Product Samples Dairy Financial Risk Management Seminar 2011 International Whey Conference • Co-Hosted with CME Group • Topics Include: – Key Drivers of Dairy Pricing Movements – Case Studies of Successful Trading & Hedging Strategies – Understanding Dairy Futures and Options Products – Hedging Against Swings in Input Costs – Lock in Economic Value of Future Sales – Learn from Experienced Dairy Commodity Brokers – Stimulated Trading Exercise on Mock Trading Floor 6th International Whey Conference • The Power of Whey - Natural, Nutritious, Functional • The 2011 IWC will be held on Sept. 11-14 at the Marriott Hotel in downtown Chicago, IL Intended to attract and educate end users on use and benefits of whey products Three day program featuring speakers on Health/Nutrition and Applications/Processing Demonstration Stations open in the afternoons will feature live presentations of various applications and functional properties of whey Demonstration Stations to be staffed by member processors or DMI Dairy Center Research Centers and industry processors Exhibit Hall and Open Poster Sessions • • • • • What’s On The Agenda? • Health and nutritional benefits of whey • Recent Research • New whey-product enhanced applications that create consumer demand • Whey's role in improved product functionality • State-of-the-art whey processing techniques • Learn latest developments in this value-added ingredient. 4 1/10/2011 Website Now Online: www.IWC-2011.org U.S. Milk Production 2000 - 2010 Source: USDA - Nass Summary of Milk Production All Milk Price All Milk Price (Entire U.S.) • U.S. milk production continues to post gains vs. the prior year due to robust gains in milk per cow. • In March 2010, total milk production increased 0.6% vs. last year due to a 2.7% gain in milk per cow that offset the 2.1%, or 193,000 head decrease in the U.S. dairy herd. • In 2010, milk per cow will be the dominant factor impacting U.S. milk production • Significant changes in milk production among regional milk sheds Source: UW Madison – B. Gould U.S. Powder Current Market Situation Dry Milk Powders Production 350,000 • Powders – Whey 250,000 Metric tonne – NDM/SMP 300,000 200,000 150,000 – WPC/Lactose 100,000 50,000 0 Nonfat Dry Milk January – April 2008 Skim Milk Powder January – April 2009 Dry Whole Milk January – April 2010 5 1/10/2011 Nonfat Dry Milk Manufactured In U.S. 2008 Sales of NDM by Application Total – 1,367 Million lbs The Compounded Annual Growth Rate is -0.74% Dairy - 52.2% 2009 2008 All Other 2007 Formula 2006 Dairy Infant Formula - 6.7% All Other 21.1% 2005 2004 Confections 2003 0 300,000 600,000 900,000 Confections 14.9% Baking - 5.1% 1,200,000 1,500,000 1,800,000 Thousands of Pounds Total Nonfat Dry Milk Stocks Nonfat Dry Milk Pricing Source: UW Madison – B. Gould Source: UW Madison – B. Gould Whey Product Production 180,000 Dry Whey Manufactured In U.S. The Compounded Annual Growth Rate is -1.14% 160,000 2009 140,000 120,000 2008 100,000 2007 Metric tonne 80,000 2006 60,000 2005 40,000 20,000 2004 0 Dry Whey January – April 2008 WPC January – April 2009 Lactose January – April 2010 2003 0 300,000 600,000 900,000 1,200,000 Thousands of Pounds 6 1/10/2011 Whey Protein Concentrate Manufactured in the U.S. 2008 Utilization of Dry Whey In Human Foods Total – 552 Million lbs The Compounded Annual Growth Rate 2.14% All Other 2009 Dairy - 48.9% 2008 Dry Blends Dry Blends 21.6% Baking - 21.1% Dairy 2007 2006 2005 Baking All Other 8.4% 2004 2003 0 100,000 200,000 300,000 400,000 500,000 Thousands of Pounds 2008 WPC Utilization in Human Foods 2008 Utilization of Whey Protein Concentrate in Human Foods (Total - 234.4 million lbs.) Total - 234 Million lbs 2008 WPC (50-89%) in Human Foods 2008 Utilization of Whey Protein Concentrate (50.0% - 89.9%) in Human Foods (Total - 87.5 million lbs.) Total 87.5 Million lbs All Other Uses 7.2% All Other Uses 10.7% Dairy Industry 32.2% Infant Formulas 18.9% Dairy Industry 12.5% Infant Formulas 13.3% Dry Blends and Prepared Dry Mixes 5.7% Dry Blends and Prepared Dry Mixes 19.6% Nutraceuticals Pharmaceuticals Special Dietary 22.2% Nutraceuticals Pharmaceuticals Special Dietary 57.8% U.S. Exports of All Dry Whey 2009 – by Type All U.S. Whey Exports and % of Production Exported MT 500 Average for 1994 – 2009 is 29% 400 350 65% 374 55% 58.1% 48.0% 46.2% 210 188 200 150 102 118 119 121 66 17.7% 17.6% 16.8% 50 171 180 173 139 $499 million 53.3% 276 250 0 362 348 300 100 374,242 MT 75% 439 450 39.3% 30.8% 24.6% 25.4% 24.9% 25.6% 18.8% 45% 35% 25% 15% 14.6% 9.7% 5% 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Exports % of Production Source: USDEC - USDA 7 1/10/2011 Lactose Manufactured in the U.S. Whey Products: Summary The Compounded Annual Growth Rate is 2.35% • Milk Supply vs. Cheese, Whey Supply 2009 – More Milk, More Cheese, More Whey 2008 • Whey Pricing is Historically Strong 2007 2006 • Markets are Currently Stable 2005 • Strong Demand for Whey Protein 2004 • Export Markets are Crucial 2003 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 Thousands of Pounds Emerging Issues & Hot Topics • • • • • • • • • • China’s Threatened Ban on US Dairy Imports EU’s Health Certificate Regulations Continued Price Volatility Lower Feed Prices Strong Beef Prices Sexed Semen Sustainability – Going Green Traceability Health through Nutrition Strong Dollar Benefits of Association / Agency Relationships New Interpretation on Compliance Certification for European Exports “Announcement” from USDA/FMS dated 1/26/10 EU regulations on SSC and SPC testing apply to “milk production holdings” EU’s interpretation requires SSC and SPC test results for each dairy farm – not only tankers or plant silos EU standards on SCC (400,000 cells/mL stricter than US standard under PMO (750,000 cells per mL) Conclusion /Questions • Open, two-way dialogue between industry and government • “Soft channel” communications “oil the gears” of policy and enforcement decisions • Member education enhances compliance • Member feedback assists effective laws, regulations and enforcement policies • Industry needs timely notice on upcoming regulatory changes or industry issues ADPI will be at the Chicago IFT, July 18-20, 2010 8 John Beers John received his B.S. degree in Animal Science from Virginia Polytechnic Institute and State University and began work with the Virginia Department of Agriculture and Consumer Services in April 1977 as a dairy inspector. He held the positions of Dairy Services Regional Manager and Assistant Chief in the Office of Veterinary Services prior to being promoted to manage the Dairy Services Program in 1988. During his career, Mr. Beers has been an active participant in the Dairy Division of the National Association of State Departments of Agriculture (DDNASDA) and the National Conference on Interstate Milk Shipment (NCIMS). In fact, he served as president of the Dairy Division of NASDA between 1999 and 2000 and was elected to Chair the Executive Board of NCIMS at the close of the 2007. During his spare time he enjoys his two flat coated retrievers (Willie and Vegas), cooking and spending time with friends. 1/10/2011 32nd NCIMS Conference NCIMS Report National Association of Dairy Regulatory Officials April 17-22, 2009 Caribe Royale Orlando Orlando, Florida Portland, Maine July 13, 2010 John Beers, Chair NCIMS MOU Overview of NCIMS The National Conference on Interstate Milk Shipments (NCIMS). We are a non-profit organization whose goal is "To Assure the Safest Possible Milk Supply for All the People." The Conference is made up of persons involved in the dairy industry, from the dairy farmer, to processing plant personnel, the persons involved in inspecting the dairy farmer's operation and/or the processing plant, the persons who make the laws concerning the inspections, those who enforce the laws, the academic researcher and adviser, and the consumer of the dairy products. Memorandum of Understanding Between FDA and the NCIMS (1977) FDA has responsibility for enforcing the FD&C Act NCIMS is a voluntary organization directed and controlled by the member states Collaboratively FDA and NCIMS will develop a cooperative federalstate program (IMS Program) to insure the sanitary quality of milk shipped interstate IMS program is operated by states with technical, scientific and oversight inspection by FDA MOU FDA IMS Program relies on the PMO and related technical documents to ensure safety and wholesomeness of milk FDA considers these standards and requirements adequate for the protection of public health Agreement with FDA and NCIMS to follow principles of the Procedures and execute the IMS program States is a Cooperative Program Industry 1 1/10/2011 2009 NCIMS Conference NCIMS meets biennially in odd-numbered years to consider changes, additions, deletions and modifications to the IMS regulations. The Conference had its first official meeting in 1950 NCIMS Executive Board VICE CHAIRMAN CHAIRMAN (comes from (comes from 27 Members Maximum Board Board Members) Members) Western States - 4 members + 1 Central States - 4 members + 2 Eastern States - 4 members + at large at large 1 at large 1 state rating 1 industry 1 state enforcement 1 local health department 1 U.S. Department of Agriculture 1 state rating 1 industry 1 state enforcement 1 local health department 1 education 1 laboratory 1 state rating 1 industry 1 state enforcement 1 local health department 1 FDA More information www.ncims.org OTHER MEMBERSHIPS: U.S. Trust Territories, Non U.S. Countries or Political Subdivisions Model Documents, Memos, IMS List: PMO, Methods of Making Sanitation Rating on Milk Supplies, Procedures of NCIMS, Constitution & Bylaws http://www.cfsan.fda.gov/~ear/prime.html Non-Voting Members: Executive Secretary Treasurer Program Chairman 3 Council Chairman IDFA Executive Board Elected Western States Stephen Beam - California George Blush - Kansas Daniel Borer - Nebraska Industry – Jodeen, Meenderink USDA – Kenneth Vorgert Executive Board Re-elected Chair: John Beers – Virginia Department of Agriculture & Consumer Services Re-elected Vice Chair: Don Breiner – Land O’Lakes, Pennsylvania Proposal Process - Prior to Conference Request for proposals - November Proposal submitted by deadline - February Program Committee assigns proposal to Council and, if appropriate, Committee - February NCIMS Conference – April-May Immediate Past Chairman Chairman of NCIMS Liaison Committee Consumer Representative NMPF Proposals to 2009 53 Proposals Assigned to Council I 23 Passed as Submitted or Amended 64 Proposals Assigned to Council II 39 Passed as Submitted or Amended 23 - 2400 Series Forms 16 – other proposals 16 Proposals Assigned to Council III 7 Passed as Submitted or Amended 69 of 133 Proposals Passed as Submitted or Amended 2 1/10/2011 Proposal Assignments PMO (includes DMO) COUNCIL PROCEDURES OTHER I NONE Sec. 7, 8, 9, 10, 12, 13, 14 App. A, C, D, H, I, J, M, O and Q Technical Issues SSCC II NONE Sec. 1, 2, 3, 4, 5, 6, 15, 16 App. B, E, F, G, L, N, P and R MMSR EML III ALL PROCEDURES ITEMS Sec. 11, 17, 18 App. K PMO Introduction Resolutions Constitution/Bylaws Reciprocity Issues Proposals are assigned to appropriate Committees (i.e., Laboratory, MMSR, SSCC, Hauling, HACCP, Scientific Advisory, Technical Review, etc.). Committee recommendations are then referred back to the appropriate Councils for further consideration. Proposal Process - At Conference Committee decision and recommendation to Council (Fri-Sat) Reports to Councils Council discussion and recommendation to Delegates (Sun-Mon) (Pass, Amend and Pass, No Action) Voting Delegates deliberation and decision (Tue-Wed) (Pass, Amend and Pass, No Action) Note: all proposals that are sent as "no action" from Council are considered together and dispensed with, unless held over for consideration by state delegate NCIMS Committees NCIMS Committees Standing Committees (2009) Constitution & Bylaws –Lewis Jones Documents Review – Mike Wiggs HACCP Implementation – Kathy Gombas Laboratory – Frank Barcellos Method of Making Sanitation Ratings (MMSR)- Mike Wiggs NCIMS/FDA Liaison – Sue Esser Other Species Milk - Lynn Hinckley Program - Cary Frye Hauling Procedures - Chris Thompson, Chair Scientific Review – Dr. Stephen Beam, Chair Single Service Container and Closure – Randy Chloupek, Chair Technical Engineering Review – David Lattan, Chair Councils Ad Hoc Committees (2009) Appendix N Modification Study – Roger Hooi Aseptic Pilot Program Implementation - Susan Esser Defining Grade "A" Dairy Products - Will Francis International Certification Pilot Program - Claudia Coles & Gene Wright Animal/Herd Shares Study Committee – Wayne Cook Personnel Changes For 2011 Council I Council II Council III Laws & Regulations Responsibilities of Conference Participants Application of Conference Agreements Chairman & Vice Chairman (no vote) Chairman & Vice Chairman (no vote) Chairman & Vice Chairman (no vote) 20 Members 20 members 20 members 10 regulatory 10 industry 10 regulatory 10 industry 10 regulatory 10 industry 4 alternates 4 alternates 4 alternates The Chairman appoints a consultant for each Council from the Board. The consultant has no voting rights but will offer advice when needed. FDA also appoints a consultant for each Council. NCIMS Executive Board Changes Departures: Will Francis, NY Dept. Ag and Markets Rob Byrne, NMPF Additions: IDFA Representative: Allen Sayler NMPF Representative: Jamie Jonker FDA Representative: John Sheehan 3 1/10/2011 Personnel Changes For 2011 Council I Chair – Tom Leitzke, Wisconsin Dept. of Ag, Trade & Consumer Protection Vice Chair – Gary Kuhlmann, Prairie Farms Dairy, Inc., Illinois Council II Chair – Roger Hooi, Morningstar Foods, TX Vice Chair – Randall Chloupek, NE Dept. Ag. Council III Chair – G. M. Gallaspy, Al Dept. of Public Health Vice Chair – Doug Cart, Dean Foods, Illinois Personnel Changes For 2011 Personnel Changes For 2011 Ad Hoc Committees (2011) Appendix N Modification Study – Roger Hooi Aseptic Pilot Program Implementation - Susan Esser International Certification Pilot Program Claudia Coles & Gene Wright Committee Activity Appendix N Modification Committee FDA Risk Assessment Team Formed Team Divided in three areas: 1. On Farm Group – what drugs present on farm; what drugs are most commonly used; what drugs can get into milk; etc. Standing Committees (2009) Constitution & Bylaws –Ellen Fitzgibbons, Massachusetts Documents Review – Mike Wiggs HACCP Implementation – Jason Crafts, Gossner Foods, Inc.,Utah Laboratory – Frank Barcellos Liaison Committee – Susan Esser Method of Making Sanitation Ratings (MMSR)- Mike Wiggs NCIMS/FDA Liaison – Sue Esser Other Species Milk - Lynn Hinckley Program - Cary Frye Hauling Procedures - Chris Thompson, Chair Scientific Review – Dr. Stephen Beam, Chair Single Service Container and Closure – Randy Chloupek, Chair Technical Engineering Review – David Lattan, Chair Accomplishments Conference/FDA Documents Completed: IMS-a-47 October 14, 2009 2009 Revision of PMO 2009 Procedures 2009 Methods 2007 Evaluation of Milk Laboratories (2009 EML in process) Committee Activity Appendix N Modification Committee 2. Manufacturing Group – What effects does processing (HTST, culturing, acidification, RO and separation) have on drug residues present in milk? 4 1/10/2011 Committee Activity Committee Activity Appendix N Modification Committee Other Species Milk Committee Proposal 234-2009 added Camelidae to PMO American Camel Coalition working to meet Section 6 requirements for camel milk. Funds being raised for Antibiotic residue validation studies for test kits Other testing includes: phosphatase, milk components, freeze point and SCC 3. Drug Toxicity Group – Half-life of drugs, human metabolism of drugs, rank drugs 1 – 7 in order of toxicity and risk Time to completion 6 – 12 months Committee Activity Hauling Committee Proposal 252-2009: Clarify how to handle Wash Tags for tank trucks that deliver to a plant but are not washed there. Committee Activity FDA will include answer in future M-i: Plant may copy and re-attach original wash tag to outlet valve and keep copy for their records. Liaison Committee – July 11, Reno, NV Discuss procedure for Issuance of Q&A by FDA – Document Review Committee? Discuss status of State Program Evaluations Are they all done? Discuss regulatory reform legislation in Congress and impact of milk programs Will FDA have resources to meet promises? Committee Activity Committee Activity Aseptic Pilot Program Implementation Posted Q & A on NCIMS Website Updating existing training materials Developed Critical Listing Elements for high-acid fermented aseptic milk and milk products 18 of 25 aseptic milk plants have been listed under aseptic program with 3 FDA check-ratings Laboratory Committee First time lab committee will complete all work between conferences Met in Reno, NV April 8-9, 2010 Approved 2009 EML prepared by FDA Matrix for NCIMS tests reviewed – intended to be published as M-a or to conference Working on electronic thermometer approval 5 1/10/2011 Executive Board Meetings April 22, 2009 following 32nd NCIMS Conf. September 9 – 10, 2009 in Chicago November 20, 2009 conference call April 16, 2010 conference call Executive Board Update USDA Ends BRT Program – impact on state programs to meet requirements under PMO for testing? 2011 Conference: Sheraton Baltimore City Center, MD April 28 – May 4, 2011 2013 Conference: Indianapolis Marriott Downtown, IN April 17 – 25, 2013 Executive Board Update Request FDA provide guidance on how to determine if milk and milk products comply with new definition of Grade A. Example: Ayran Yogurt Drink, Canada FDA determination Sept. 2009 Alpina Yogurt, Columbia FDA determination March 2010 Ayran Yogurt Drink 95% moisture; 5% Total Solids; 1% milk fat; Water is listed first in ingredient statement 1.25 g/8 fl oz. equates to 0.5% protein Not Grade “A”: less than 65% milk and less than 2.0% milk protein 6 1/10/2011 Alpina Yogurt 3 grams protein per 135 gram serving equals 2.22% protein Ingredients: milk, sugar, starch syrup and lactic cultures 78.4% milk by weight (supplied by Alpina) Meets definition of yogurt under CFR 131.200 Meets current definition of Grade A & Definition X Alpina Finesse 5 grams protein in 250 gram serving which equals 2% protein milk component equals 70.5% Meets Grade A Definition at least 2% milk protein at least 65% milk or milk product Alpina Original 5 grams protein in 250 gram serving which equals 2% protein Milk components equal 47.9 Not a Grade A product less than 65% milk product 7 1/10/2011 Alpina Avena Canela 5 grams protein in 250 gram serving which equals 2% protein Milk components equal 49.9% Not a Grade A product less than 65% milk product PMO Definition X Alpina Original, Finesse, Canela All three misbranded because they contain contradictory terms. Will continue to include all milk and milk products with a Federal standard of identity that have previously been listed in the PMO Grade "A" Milk and Milk Products include: 1. All milk and milk products with a standard of identity provided for in 21 CFR Part 131, excluding 21 CFR Part 131.120 Sweetened Condensed Milk. 2. Cottage cheese (21 CFR Part 133.128) and Dry curd cottage cheese (21 CFR Part 131.129). 1 3. Whey and whey products as defined in 21 CFR 184.1979, 184.1979a, 184.1979b, 184.1979c, and Section 1, Definition QQ of this Ordinance. Each labeled as “Ultra Pasteurized” and “No refrigeration needed before opening” Falls under “Low Acid Canned Foods” 21 CFR Part 113 Needs an approved process PMO Definition X Will include all milk and milk products with a Federal standard of identity that been modified under the provisions of an FDA authorized nutrient content claim Grade "A" Milk and Milk Products include: 4. Modified versions of these foods listed above in Items 1 and 2, pursuant to 21 CFR Part 130.10 requirements for foods named by use of a nutrient content claim and a standardized term. Examples: Reduced Sugar Yogurt, Fat Free Yogurt PMO Definition X Will include all milk and milk products that have added safe ingredients or other foods 5. Milk and milk products as defined in Items 1, 2, 3 and 4 above, packaged in combination with food(s) not included in this definition that are appropriately labeled with a statement of identity to describe the food(s) in final packaged form (e.g., " cottage cheese with pineapple", "fat free milk with plant sterols".) 8 1/10/2011 PMO Definition X For non-standard products such as: Milk Beverages, Smoothies, Cultured Dairy Desserts, Protein Shakes Grade "A" Milk and Milk Products include: 6. Products not included in Items 1-5 are Grade "A" milk products which have a minimum of 2.0% milk protein (Total Kjeldahl Nitrogen (TKN) X 6.38) and a minimum of sixty-five percent (65%) by weight milk, milk product or a combination of milk products Both protein and milk ingredient weight minimums must be met PMO Definition X 6. Products not included in Items 1-5 are Grade "A" milk products which have a minimum of 2.0% milk protein (Total Kjeldahl Nitrogen (TKN) X 6.38) and a minimum of sixty-five percent (65%) by weight milk, milk product or a combination of milk products Must determine the % milk protein, which can be estimated from the nutrition fact panel by dividing the grams of protein per serving by the weight of the serving. However, keep in mind that nutrition fact information allows rounding of values from 0.5 to be rounded up to 1.0 If the level of protein is close to 2.0 % then you would want to verify the % protein by analytical testing or processor information. 4 g/240ml (244g) = 1.639% protein (not Grade A) PMO Definition X 6. Products not included in Items 1-5 are Grade "A" milk products which have a minimum of 2.0% milk protein (Total Kjeldahl Nitrogen (TKN) X 6.38) and a minimum of sixty-five percent (65%) by weight milk, milk product or a combination of milk products Calculation of the weight of milk, milk product or combination milk products cannot easily be determined from the ingredient declaration due to FDA labeling regulations (21 CFR 101.4) that permit the optional use of class name for some milk ingredients and the incorporation of water used to reconstitute an ingredient. FDA labeling regulations (21 CFR 101.4) that permit: PMO Definition X FDA labeling regulations (21 CFR 101.4) that permit: The optional use of class name for some milk ingredients: (3) Skim milk, concentrated skim milk, reconstituted skim milk, and nonfat dry milk may be declared as ``skim milk’’ or ``nonfat milk’’. (4) Milk, concentrated milk, reconstituted milk, and dry whole milk may be declared as “milk’’. (7) Whey, concentrated whey, reconstituted whey, and dried whey may be declared as “whey’’. (8) Cream, reconstituted cream, dried cream, and plastic cream (sometimes known as concentrated milk fat) may be declared as "cream’’. PMO Definition X The use of class name for some milk ingredients: (c) When water is added to reconstitute, completely or partially, an ingredient permitted by paragraph (b) of this section to be declared by a class name, the position of the ingredient class name in the ingredient statement shall be determined by the weight of the unreconstituted ingredient plus the weight of the quantity of water added to reconstitute that ingredient, up to the amount of water needed to reconstitute the ingredient to single strength. Any water added in excess of the amount of water needed to reconstitute the ingredient to single strength. Example: A smoothie made with dried nonfat milk, water, whey and strawberry concentrate could be declared as either: "Ingredients: Nonfat milk, whey strawberry concentrate" "Ingredients: Water, nonfat milk, whey, strawberry concentrate" PMO Definition X 6. Products not included in Items 1-5 are Grade "A" milk products which have a minimum of 2.0% milk protein (Total Kjeldahl Nitrogen (TKN) X 6.38) and a minimum of sixty-five percent (65%) by weight milk, milk product or a combination of milk products Verification of % milk protein and weight of milk ingredient is best determined from the processor supplying necessary information of formula FDA is working to provide a Memoranda (M-I) about the new definition X interpretation. IDFA will be working to provide FDA with industry issues and questions about the definition, including how to calculate the percentage of dried or reconstituted milk and milk products used 9 1/10/2011 PMO Definition X Safe and suitable (as defined in 21 CFR 130.3(d)) non-grade “A” dairy ingredients, can be utilized in the products defined in Items 16 when added to a level needed for a functional or technical effect, and limited by Good Manufacturing Practices (GMPs) and are either: This definition does not include 1. A milk or milk product in which the milkfat of the milk or milk product has been substituted in part or in whole by any other animal or vegetable fat; provided that other fat sources may be included when they are used for purposes currently accepted in any other Grade “A” milk or milk product, such as carriers for vitamins and as an ingredient in emulsifiers and stabilizers; 2. Coffee based products where coffee or water is the primary ingredient as indicated in the ingredient statement; 3. Tea based products where tea or water is the primary ingredient as indicated in the ingredient statement; a) Prior sanctioned or otherwise approved by FDA, or b) GRAS (generally recognized as safe), or c) An approved food additive listed in the CFR. Except that with respect to those products which have a federal standard of identity, only ingredients provided for in the standard may be utilized. PMO Definition X Note: When a non-grade "A" dairy ingredient is used to increase weight or volume of the product, or displace grade "A" dairy ingredients, this use is not a suitable functional or technical effect. Hypothetical example: Dairy based mineral blend functioning to increase calcium and potassium level in a milk beverage from a non-grade A source could be used. PMO Definition X This definition does not include: 4. Dietary products (21 CFR 130.10); 5. Infant formula; 6. Ice cream or other frozen desserts; 7. Butter; 8. Cheese (standardized or non-standardized); or 9. Puddings. Definition X Review products made in your stateAsk for a list of all products at each plant; not just the “grade A” ones – We found a .5% Buttermilk being manufactured in a grade A plant that was only going to a salad dressing manufacturer. The plant considered the product to be a manufactured product and not grade A. We only became aware of the product because we asked for a list of all products. Executive Board Issues Request FDA provide guidance on how to determine if milk and milk products comply with new definition of Grade A. Examples: Ayran Yogurt Drink, Canada Alpina Yogurt, Columbia Definition X Consider all of the cultured products that are being made in manufactured milk plants. We have a number of small cheese plants that have been making yogurt-like products that will now be considered grade A under Definition X. 10 1/10/2011 FDA, National Center for Food Safety and Technology Illinois Institute of Technology, Summit-Argo, IL Definition X Begin reviews as soon as FDA guidance is available. The sooner you identify products that will fall under the new Definition X the more time the processor will have to make adjustments. They could reformulate to fall outside Definition X or identify alternative products as substitutes. FDA, National Center for Food Safety and Technology Illinois Institute of Technology, Summit-Argo, IL Results: Listeria species present in 88 of 155 samples (56.77%): avg. level of 0.5736 MPN/ml L. monocytogenes present in 76 of 158 samples (54.29%): avg. level 0.4276 MPN/ml E. coli 0157:H7 present in 16 of 154 samples (10.39%): avg. level 0.0940 MPN/ml Salmonella present in 36 of 158 samples (22.78%): avg. level 0.2455 MPN/ml. FDA, National Center for Food Safety and Technology Illinois Institute of Technology, Summit-Argo, IL HAACP Training NCIMS HACCP training August 30th - September 3rd, 2010 Battlecreek, Michigan Targeted at state HACCP auditors and rating officers. Raw Commingled Silo Study Abstracts Important for risk assessment and evaluation of other processes relative to safety of pasteurization Nationwide survey – 158 silo samples Enumeration of Escherichia coli 0157:H7 and Salmonella species Enumeration of Listeria monocytogenes and Bacillus cereus Two papers will be presented at IAFP Annual Meeting August 1-4, 2010 in Anaheim, California. Council I Proposals 102 – Raise SCC for goat milk to 1,500,000 from 1,000,000 104 – Allow study of carbon dioxide as a processing aid in addition to refrigeration in the transportation of raw milk 110 – Require recording charts on farm bulk tanks to identify the producer, date, tank ID and signature or initials of installer. 11 1/10/2011 Council I Proposals 114 – Allow pasteurized milk and milk products to be filtered when processed by membrane filtration system. 115 – Provides guidance for the application of position detecting devices for flow-diversion devices and other process valve seats. Council I Proposals Council I Proposals 123 – Clarify the exemption for pasteurization prior to entering a RO or UF system 125 – Eliminates the use of the term “metering pump” when referring to a pump used to regulate the flow through a holding tube 126 Clarify the relationship between homogenizers and timing pumps when both are used in a pasteurization system Council I Proposals Council I Proposals 132 – Changes title of Appendix H – Pressure Relief Valves and new HTST Drawings 134 – Use of spring-to-close vacuum breaker disallowed on HTST system 137 – Modifies HACCP CCP Model to address flow rates to verify minimum holding times 117 – Clarify the requirements related to water that is not separated from pasteurized milk and milk products. 119 – Establish requirements for use of UV Light disinfection as equivalent to pasteurized water for use in dairy plants. 122 – Eliminates the requirement to pasteurize condensed product 5 degrees Fahrenheit higher. 128 – Clarify brucellosis requirements and add 4th option (state brucellosis-free herd certification program) 129 – Eliminates conflict between Appendixes B and J regarding sterile and non-sterile containers 131 – Establishes requirements for UV Light disinfection for water supplies in the PMO Council I Proposals 139 – Eliminates the requirements to test electronic recording thermometer in boiling water and ice. 141 – Clarify and edits equipment test 142 – Clarifies under what circumstances vacuum systems and their associated isolation valves need to be tested. 12 1/10/2011 Council I Proposals 145 – Modifies test #14.1 to provide for the required calibration of a steam injector controller in the holding tube 148 – Eliminate the 90 day grace period for 1 year certification of Single Service facilities 150 – Provides for use of a fail-safe instrumented air-block system to separate product /CIP in an AMI installation Council II Proposals 229 – Add Easygel Violet Red Bile Media, Pectin Gel Method, to the Milk Laboratory Evaluation Form Council II Proposals 201 through 220, 223, 224 & 226 pertaining to 2400 series forms sent to Lab committee to report to Executive Board 227 – Add Easygel Aerobic Plate Count Media, Pectin Gel Method to the Milk Laboratory Evaluation Form Council II Proposals Definition of Grade “A” Milk Product 232 – Amend the definition of Grade “A” milk and milk product – For the first time have a clear line between Grade “A” and non Grade “A” 1 - All milk products with standard of identity (21 CFR Part 131 with exception of Sweetened Condensed Milk 2 - Cottage Cheese (21 CFR Part 133.128) and Dry curd cottage cheese (21 CFR Part 131.129) Council II Proposals Definition of Grade “A” Milk Product 3 - Whey and Whey products (21 CFR 184.1979, 184.1979a, 184.1979b, 184.1979c and Definition QQ of the PMO 4 - Modified versions of these foods listed in first and second bullet above pursuant to 21 CFR Part 130.10 related to nutrient content claims and a standardized term 5 - Milk and milk products as defined in items 1, 2, 3, and 4 above packaged in combination with foods not included in this definition that are appropriately labeled with a statement of identity to describe the foods in final package form (cottage cheese with pineapple) Council II Proposals Definition of Grade “A” Milk Product 6 - Products not included in Items 1 – 5 are Grade “A” products which have a minimum of 2.0% milk protein and a minimum of sixty-five percent (65%) by weight milk, milk product or a combination of milk products Safe and suitable as defined in 21CFR 130.3(d) non-grade “A” dairy ingredients can be utilized in the products defined in Items 16 above when added to a level needed for a functional or technical effect, and limited by Good Manufacturing Practices 13 1/10/2011 Council II Proposals Definition of Grade “A” Milk Product Council II Proposals Definition of Grade “A” Milk Product Note: When a not-grade “A” dairy ingredient is used to increase weight or volume of the product, or displace grade “A” dairy ingredients, this use is not a suitable functional or technical effect. DOES NOT INCLUDE: 1 – Milk or milk product in which the milkfat has been substituted in part or in whole by nay other animal or vegetable fat DOES NOT INCLUDE: 2 – Coffee based products where coffee or water is the primary ingredient 3 – Tea based products where tea or water is the primary ingredient 4 – Dietary products 5 – Infant formula 6 – Ice cream or frozen desserts 7 – Butter Council II Proposals Definition of Grade “A” Milk Product DOES NOT INCLUDE 8 – Cheese; or 9 – Puddings. MAY BE INCLUDED Milk and milk products which have been retort processed after packaging or which have been condensed or dried if they are used as an ingredient to produce any milk or milk product defined above. Council II Proposals Definition of Grade “A” Milk Product MAY INCLUDE: Powdered dairy blends may be labeled Grade “A” and used as ingredients in Grade “A” milk and milk products, if they meet the requirements of this Ordinance. Grade “A” powder blends must be made from Grade “A” powdered milk and milk products, except that small amounts (Max 5%) of functional ingredients which are not Grade “A” are allowed. Council II Proposals 233 – Allows use of non-Grade “A” dairy ingredients when a Grade “A” source is not available Council II Proposals 234 – Clarifies definition of Hooved Mammals to include species that may not have “true hooves” 236 – Clarifies when accelerated sampling must be used 242 – Changes requirements for recertification of Certified Industry Inspection personnel 14 1/10/2011 Council II Proposals 248 – Requires use of the Pyronine YMethyl Green Stain when performing Single Strip direct Microscopic Somatic Cell Counts on sheep milk 252 – Allows milk tank that makes multiple pickups to provide a copy of the wash tag to the processing plant 254 – Updates Appendix G. Chemical and Bacteriological Tests Council II Proposals Council II Proposals 259 – Modify CVM data requirements for bata-lactam screening tests to require the detection of penicillin G, cephapirin, ceftiofur and one other of the six approved beta-lactam drugs 260 – Update CVM data requirements for milk screening tests labeled for testing milk in bulk tanks or tank trucks Council II Proposals Council III Proposals 301 – Extends the Aseptic Pilot Program through December 31, 2011 302 – Modifies Form FDA 2359m, Milk Plant, Receiving Station or Transfer Station NCIMS HACCP System Audit Report to better reflect NCIMS HACCP requirements 255 – Accepts the Fast Alkaline Phosphatase test as an approved electronic Phosphatase method 256 – Amends Appendix L to include all applicable PMO CFR references 257 – Corrects an error to the reference to the FDA Commissioner omitted from Appendix N and placed in Section 6 of PMO 262 – Provides for the pro-rating of Items 10 and 11 under Part I-Dairy Farms on Form FDA 2359j – Report of Enforcement Methods when calculating the enforcement score. Council III Proposals 303 – Updates Section 12 of the Form FDA 2359m, Milk Plant, Receiving Station or Transfer Station NCIMS HACCP System Audit Report. 304 – Extends the voluntary International Certification Pilot Program until December 31, 2011 307 – Allows Third Party Certifier to add two additional plants after their existing two are listed. 15 1/10/2011 Council III Proposals 311 – Clarifies that a dairy farm can only be listed in one BTU at a time 312 – Clarifies type of training required to maintain continuous certification as HACCP Listing Officer is dairy plant HACCP audit and IMS listing training Proposal Process - Post Conference Transcript of Conference to FDA - within 45 days after conference (May 8, 2009) FDA concur/non-concur letter to Executive Board - within 90-days after receiving transcripts (August 8, 2009) Executive Board meeting (September 9 – 10, 2009) FDA concurs and mutually agreeable non-concurs (published October 14, 2009 IMS-a-47) Implementation – One year after electronic publication of affected documents or notification to states by IMS-a (FDA updates published documents, PMO, Procedures, MMSR, EML, etc) Unresolved business sent to next Conference Thank you! John Beers Virginia Department of Agriculture and Consumer Services 16 Gary Anderson Gary Anderson is currently Animal and Bio-Sciences Specialist with the University of Maine Cooperative Extension. He has worked for the University of Maine since 1982. He received his B.S. from Penn State in animal science, his M.S. from the University of Connecticut in animal industry and the Ph.D. from Virginia Tech in animal science. He also holds a cooperating appointment in the Department of Animal & Veterinary Sciences. He works with dairy producers, livestock producers and veterinarians in decision making to improve farm profitability. While his formal training is in physiology, he has worked in a wide variety of program areas including nutrition, genetic improvement, financial management and animal health. He currently works with the Maine Cattle Health Assurance Program with goals of improving food safety, environmental stewardship and animal health. He authored the nutrient management spreadsheet that is used exclusively by NRCS for the development of nutrient management plans. He formerly held a teaching and research appointment with the Department of Animal & Veterinary Sciences where he taught dairy management, reproductive physiology and dairy cattle nutrition. He served as program administrator for the University of Maine Cooperative Extension for six years supervising the agriculture and natural resource programs as well as extension programs in eight Maine counties. Matthew Randall Mr. Randall is the Agricultural Compliance Supervisor with the Maine Department of Agriculture, Food, and Rural Resources. He was born and raised on his families farms here in Maine but has milked cows in New Hampshire, Vermont, and New Zealand. When not on duty for the Department, Matt farms the family ground and also is the owner and operator of a custom feed business called Hay 4 U. Matt is active in the livestock industry here in Maine and looks forward to welcoming you to his home state and speaking with you today. Cary Frye Cary Frye is Vice President of Regulatory Affairs for International Dairy Foods Association. Where she oversees regulatory activities, including product safety, standards, labeling, weights and measures, and international issues. She is also responsible for of coordinating the Milk Processor Education Program's (MilkPEP) Medical Advisory Board, where she handles technical development and regulatory oversight of nutritional marketing programs in the areas of public relations, advertising claims and processor material leveraging breaking medical and nutritional research. Before joining IDFA, she worked in the area of quality assurance and product development for Crowley Foods, H.P. Hood, Inc. and Kraft Foods, Inc. Nutrition Policy Environment IDFA Update National Association of Dairy Regulatory Officials July 13, 2010 Cary Frye Vice President, Regulatory Affairs International Dairy Foods Association Washington, DC Dietary Guidelines for Americans Institute of Medicine Child Nutrition Reauthorization Act USDA, FDA, HHS, FTC Sodium www.idfa.org Added Sugars Fats Added Sugars • Likely to Sodium • Likely to Fats Plant-based Diets PlantBased 2 2010 Dietary Guidelines for Americans 2010 Dietary Guidelines for Americans 3 servings a day 1. Reduce calories, increase physical activity to reduce overweight/obesity rates • 3 cups low fat or fat free milk or milk products for those ages 9 years and older should be promoted • Increased intake of fat-free and low-fat milk and milk products Dairy first for lactose intolerance 2. Shift to more plant-based dietary patterns; recommended foods include low-fat and fat-free milk and milk products • Get tested before limiting or eliminating dairy from diet • Use of lactose-reduced or low-lactose dairy based products Dairy recognized in child nutrition programs 3. Reduce added sugars, solid fats, refined grains and sodium (SoFAS) - Ambiguity around flavored milk, - Consideration for low fat or fat free cheese only - Definition of "nutrient dense foods" no SoFAS 4. Meet the 2008 Physical Activity Guidelines for Americans Strong reaffirmation that it’s important for young children to drink milk and develop solid milk drinking habits at an early age •Nutrients to encourage - Calcium, Vitamin D, Potassium, and fiber - Dairy provides 3 of the 4 Positive positioning within plant-based diets • Increased emphasis on plant-based diets • 3 servings of dairy core to 3 of 4 dietary patterns Schools and the Child Nutrition Reauthorization Act - CNR is reauthorized every 5 years - School breakfast and lunch programs feed 10 and 30 million children every day, respectively - Given one-year extension in Oct ’09 - Changes to WIC effective Oct ‘09 which reduced dairy overall --Bill is out of Committee and ready for House consideration soon. 5 1 Marketing and Advertising to Children Meal Line Milk Fat Levels White milk is almost always 1% or 2% product. Over two years, 13 percentage points of White milk has shifted from 2% to 1%. Now nearly 2/3rds of White milk is 1%. FTC Draft Marketing Guidelines Flavored milk is skewed more heavily toward Fat Free (34%) and 1% (60%). Elementary and Secondary schools use virtually the same fat levels. -Limits ads to plain, unsweetened fat free & low fat milk and fat free flavored milk or 100% juice Portion of Schools by Predominant Milk Fat Level WHITE 1.0% 2.3% - Cheese, low fat (1%) flavored milk, some yogurts, most ice cream and frozen desserts would not be allowed FLAVORED 1.2% 1.1% 6.0% 10.6% 0.3% 6.1% 0.4% -Would only permit advertising of foods that are: -less than 1.5 g Sat. Fat and; - 13 g added sugar per and; - 200 mg sodium - per FDA serving size (of for products witha small servings of 30 g or less on a 50 g basis) 28.6% 42.5% 37.5% >2% 2% 60.0% 59.9% 61.4% 1% Fat Free & .5% 62.7% 50.5% 54.0% 26.8% 4.7% 6.8% 7.6% ’06-’07 ’07-’08 ’08-’09 ’06-’07 33.7% 33.6% ’07-’08 ’08-’09 8 Nutrient Profiling Systems Government • Smart Choices • UK Food Standards Agency (FSA) Stoplight • NuVal • FDA NLEA • WHO/FAO • FDA issued a letter to food companies in October 2009, saying the agency will investigate various uses of “Front-of-Pack” nutrition labeling systems. Industry • US Army “Go for Green” • Food Marketing to Children Interagency Standards (FTC) FDA Activities • “FDA’s research has found that with FOP labeling, people are less likely to check the Nutrition Facts label on the information panel of foods.” • Hannaford Guiding Stars • FDA is developing regulations on nutrition criteria for FOP & shelf labeling. • American Heart Association’s Heart Check • Agency will examine several types of systems and symbols, including the UK’s traffic lights, Smart Choices checkmark and others. • Kellogg’s Nutrition at a Glance (Guideline Daily Amount) • FDA proposed changes to Nutrition Facts Panel for nutrient reference values and mandatory nutrients (2008). 9 Source: Center for Science in the Public Interest 10 Grocery Manufactures of America (GMA) Voluntary Front-of-Package Nutrition labeling Proposed Icons Calories Saturated Fat Sodium Sugars Calcium Vitamin A 80 0g 120mg 12g 300mg 500 IU 0% 5% 30% 10% Amount and % Daily Value per serving Calories Saturated Fat (with % DV) Sodium (with % DV) Sugars (total) Two nutrients to encourage: calcium, potassium, magnesium, vitamin A, vitamin C, vitamin E, or fiber. (at least 10% of DV) DRAFT for Discussion Purposes Only 2 White House Initiative on Childhood Obesity Standards and Labeling • Pending petitions: – Modernization of yogurt standards (NYA) – Use of UF milk as an ingredient for cheese (NCI & NMPF) – Use of any safe and suitable sweetener in milk and milk products (MIF & NMPF) Labeling as Non-standard Beverage Nutritive sweeteners allowed in milk: Sugar (sucrose) Brown sugar Refiners syrup High fructose corn syrup Honey Molasses Maltose Malt extract Maple sugar Fructose Ingredients: lowfat milk, high fructose corn syrup, cocoa (processed with alkali), salt, carrageenan, guar gum, vitamin A palmitate, vitamin D3. Non-nutritive sweeteners not permitted in milk: Aspartame Saccharin Acesulfame-K Neotame Sucralose Stevia Labeling with Nutrient Content Claims Relative claims require comparative information Inherent claim DAIRY DRINK Ingredients: lowfat milk, cocoa (processed with alkali), salt, stevia, carrageenan, guar gum, vitamin A palmitate, vitamin D3. Labeling as Proposed with Any Type of Sweetener NO SUGAR ADDED REDUCED SUGAR REDUCED CALORIE 57% less sugar than regular chocolate milk Sugar reduced from 28 g to 12 grams per serving 41% less calories than regular chocolate milk Calories reduced from 170 to 100 per serving May be placed on back panel Font shown relative to size. Required 3/16" - <100 sq. inches or 1/4'' - > 100 sq. inches labeling area Ingredients: lowfat milk, cocoa (processed with alkali), salt, stevia*, carrageenan, guar gum, vitamin A palmitate, vitamin D3. *Ingredient not in regular chocolate milk Standards and Labeling • Interpretation from ONLDS: • Addition of stabilizers to flavored milk • Defoamers to reduced fat milks Ingredients: lowfat milk, high fructose corn syrup, cocoa (processed with alkali), salt, carrageenan, guar gum, vitamin A palmitate, vitamin D3. Ingredients: lowfat milk, cocoa (processed with alkali), salt, stevia, carrageenan, guar gum, vitamin A palmitate, vitamin D3. 3 NCIMS NCIMS • PMO Definition X - For non-standard • Cottage Cheese Temperature Challenge Study • Grade A Definition X - interpretations by FDA products such as: – Milk Beverages, Smoothies, Cultured Dairy Desserts, Protein Shakes – Grade "A" Milk and Milk Products include: 6. Products not included in Items 1-5 are Grade "A" milk products which have a minimum of 2.0% milk protein (Total Kjeldahl Nitrogen (TKN) X 6.38) and a minimum of sixty-five percent (65%) by weight milk, milk product or a combination of milk products PMO Definition X PMO Definition X • 6. Products not included in Items 1-5 are Grade "A" milk products which have a minimum of 2.0% milk protein (Total Kjeldahl Nitrogen (TKN) X 6.38) and a minimum of sixty-five percent (65%) by weight milk, milk product or a combination of milk products • • Must determine the % milk protein, which can be estimated from the nutrition fact panel by dividing the grams of protein per serving by the weight of the serving. – However, keep in mind that nutrition fact information allows rounding of values from 0.5 to be rounded up to 1.0 – If the level of protein is close to 2.0 % then you would want to verify the % protein by analytical testing or processor information. • – 6. Products not included in Items 1-5 are Grade "A" milk products which have a minimum of 2.0% milk protein (Total Kjeldahl Nitrogen (TKN) X 6.38) and a minimum of sixtyfive percent (65%) by weight milk, milk product or a combination of milk products Calculation of the weight of milk, milk product or combination milk products cannot easily be determined from the ingredient declaration due to FDA labeling regulations (21 CFR 101.4) that permit the optional use of class name for some milk ingredients and the incorporation of water used to reconstitute an ingredient. [labeled 5g/ 8 oz] 4.856 g protein/ 8 oz = 1.99% protein 5.49 g protein/8 oz = 2.25 % protein PMO Definition X • – FDA labeling regulations (21 CFR 101.4) that permit: The optional use of class name for some milk ingredients: (3) Skim milk, concentrated skim milk, reconstituted skim milk, and nonfat dry milk may be declared as ``skim milk’’ or ``nonfat milk’’. (4) Milk, concentrated milk, reconstituted milk, and dry whole milk may be declared as``milk’’. (7) Whey, concentrated whey, reconstituted whey, and dried whey may be declared as``whey’’. (8) Cream, reconstituted cream, dried cream, and plastic cream (sometimes known as concentrated milk fat) may be declared as "cream’’. PMO Definition X • FDA labeling regulations (21 CFR 101.4) that permit: – – – – – The use of class name for some milk ingredients: (c) When water is added to reconstitute, completely or partially, an ingredient permitted by paragraph (b) of this section to be declared by a class name, the position of the ingredient class name in the ingredient statement shall be determined by the weight of the unreconstituted ingredient plus the weight of the quantity of water added to reconstitute that ingredient, up to the amount of water needed to reconstitute the ingredient to single strength. Any water added in excess of the amount of water needed to reconstitute the ingredient to single strength. Example: A smoothie made with dried nonfat milk, water, whey and strawberry concentrate could be declared as either: "Ingredients: Nonfat milk, whey, strawberry concentrate" "Ingredients: Water, nonfat milk, whey, strawberry concentrate" 4 PMO Definition X • 6. Products not included in Items 1-5 are Grade "A" milk products which have a minimum of 2.0% milk protein (Total Kjeldahl Nitrogen (TKN) X 6.38) and a minimum of sixty-five percent (65%) by weight milk, milk product or a combination of milk products – Verification of % milk protein and weight of milk ingredient is best determined from the processor supplying necessary information of formula – FDA is working to provide a Memoranda (M-I) about the new definition X interpretation. – IDFA will be working to provide FDA with industry issues and questions about the definition, including how to calculate the percentage of dried or reconstituted milk and milk products used 5 National Association of Dairy Regulatory Officials Annual Meeting July 10 - 14, 2010 Portland, Maine Frequently Asked Questions (FAQs) NATIONAL ASSOCIATION OF DAIRY REGULATORY OFFICIALS FAQs New Name, Same Mission: Protecting public health and promoting regulatory uniformity and efficiency in the dairy industry. For 50 years, the Dairy Division of the National Association of State Departments of Agriculture has worked diligently to address concerns of the dairy industry and to make recommendations to relevant federal agencies and national organization. However, our organization recognized that each state’s dairy regulatory structure can be unique. Many states have dairy regulatory units administered within departments of agriculture, others in departments of health. Furthermore, in other states, dairy regulators reside in specialized units or may be housed in multiple state agencies, sharing responsibilities within the state. Due to these diverse arrangements, we embarked on establishing a new name for our organization to more clearly identify our members and our goals. In December 2008, we became officially known as the National Association of Dairy Regulatory Officials. The questions and answers below provide more information about our organization and our name change. Q: Why did DDNASDA pursue a name change? A: The driving force behind the name change was the desire to have a name to more clearly identify our organization’s goals and to be more inclusive of the diverse dairy regulatory agencies across the US. While DDNASDA meetings have regularly been attended by representatives from departments of agriculture, health and other agencies; the name seemed to convey exclusiveness to only departments of agriculture. Our new name is intended to be inviting to the breadth of dairy regulatory agencies across the US. Q: How did the organization reach a decision on the name change? A: A committee was formed in 2007 to consider possible names. The committee made a recommendation at our July 2008 meeting. Per our Constitution and By Laws, the appropriate changes were communicated to our membership and the document revisions were unanimously approved during special December 5, 2008 conference call meeting. Q: What are the rights and privileges of NADRO member states? A: Each member state is provided one vote on questions brought before the members at our annual or special meetings. Members may also bring up items of business for discussion at meetings. This is particularly important when a member state desires to make recommendations to federal agencies or national organizations. Q: What if a state has multiple agencies involved in dairy regulatory matters? Who is assigned to vote at NADRO meetings? A: Each member state has one vote. Per the Constitution, a delegate designation form is submitted to NADRO prior to the annual meeting. The form provides for specification of one delegate and an alternate. Each state should determine these representatives prior to submitting these forms. NATIONAL ASSOCIATION OF DAIRY REGULATORY OFFICIALS FAQs Q: What is the relationship between NADRO and the NCIMS? A: Many NADRO members are also delegates and participants in the NCIMS, however, these organizations should not be confused. The NCIMS convenes biannually in odd years to discuss items relevant to the Pasteurized Milk Ordinance (PMO) and supporting documents. While the PMO is regularly discussed at NADRO meetings, our meetings tend to have a broader context. NADRO meetings also tend to be smaller and conducted in a less formal manner. Q: Who attends NADRO meetings? A: NADRO meetings are attended by a wide range of professionals involved with the dairy industry. As stated above, each member state is provided with one vote, however, a number of state agencies regularly send multiple representatives to the annual meeting. Federal agency and industry representatives for producers, processors and allied industries are also regular participants at the annual meeting. A: What is the normal composition of the NADRO meeting program? NADRO meetings are conducted in a relaxed manner and provide many networking opportunities for representative to become better acquainted with colleagues from across the US. A member of each state in attendance is provided the opportunity to brief the audience on news regarding their home state’s dairy industry. The formal program regularly includes speakers from FDA, USDA, National Milk Producers Federation, International Dairy Foods Association and groups such as the American Dairy Products Association. Additionally, the host state typically arranges for speakers to address topics relevant to their state’s or region’s dairy industry. These speakers are often industry and university leaders from the area. Also, each meeting typically includes a brief tour of a unique aspect of the host state’s agriculture. A banquet is scheduled on the last evening of the meeting. Each attendee brings a gift to the banquet representative of their home state or organization. At the conclusion of banquet, gifts are exchanged among attendees. The banquet provides a nice opportunity for fun and camaraderie. Q: How can I find out more about NADRO? A: Please feel free to contact any of our current officers about NADRO. Their contact information can be found in the registrant section of this report.