Northeast Dairy Magazine | Q4 2018 by NortheastDairyMag

DAIRY

LEGISLATION: We’re Watching Out for You

LOBBYING

Midterm Wins and Losses

Fourth Quarter 2018

GOVERNMENT

USMCA to Beneﬁt Dairy Sector

HOT BUTTON ISSUES

H2C Visas Impact Worker Shortage

SAFETY

Injury, Illness Data Requirements

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contents

Fourth Quarter • Fall 2018 • Volume 1, No. 4

FEATURES

LEGISLATION KEEPING MEMBERS UPDATED IS NO. 1 FROM THE ASSOCIATION 04

FRONT DESK Keeping an Eye Out for You BY DANIEL LAUSCH

2018 LEGISLATIVE AND LOBBYING REPORT Northeast Dairy Association Looks Out for You

2018 Election Summary State-by-State BY BRUCE KRUPKE

H2C Visa Change Critical to Industry BY LAURIE FISCHER

FARM BILL UPDATE

Schools Empowered to Serve Flavored Milk

PRESIDENT’S MESSAGE Association Name Change

NAFTA 1.1: USMCA to Have Small, Positive Effect BY ANDREW M. NOVAKOVIC

BY OZZIE ORSILLO

EXECUTIVE VP MESSAGE Communication Key to Membership

READ ALL ABOUT IT! 30

MEMBER PROFILE Perry’s Celebrates 100 Years

Ice Cream Facts

DFA Uses Real-Time Analytics for Quality

BY BRUCE W. KRUPKE

ECONOMIC OUTLOOK Things to Watch in 2019 BY GARY LATTA

CONVENTION RE-CAP Members Benefit from Speakers, Activities, Networking

SUNY Morrisville Holds Ag Summit

WORKPLACE TOOLS OF THE TRADE 40

STAY CONNECTED

Changes to NY’s Sexual Harassment Laws BY WHITNEY KUMMEROW AND EMILY MIDDLEBROOK

Why Employees Are Distracted BY CURT STEINHORST

www.nedairyfoods.org www.neastda.org 427 S. MAIN ST, NORTH SYRACUSE, N.Y. 13212 315-452-MILK (6455)

OSHA: Calculating, Reporting Injury and Illness Data BY STEPHEN VALENTINE

NMPF Supports Milk Labeling Extension

Reporting, Tracking Near Misses in Workplace BY STEPHEN MESSINA

Winter Driving Know-How

A2 Advertising Claims Referred to FTC

Marketing, Promotion Key to Dairy Story BY DAVE DAMARATH

NED Magazine | Fourth Quarter 2018 • 1

contents

Fourth Quarter • Fall 2018 • Volume 1, No. 4

NORTHEAST DAIRY FOODS ASSOCIATION, INC. EXECUTIVE VICE PRESIDENT

Bruce W. Krupke

EXECUTIVE ASSISTANT

Leanne Ziemba

DIRECTOR OF MEMBERSHIP AND COMMUNICATIONS

Alex Walsh PRESIDENT

Mike Suever HP Hood, LLC

VICE PRESIDENT

Daniel R. Lausch Lactalis America Groups, Inc. TREASURER

Michael P. Young Guida’s Dairy SECRETARY

Rick Sedotto Midland Farms

NORTHEAST DAIRY SUPPLIERS ASSOCIATION, INC. PRESIDENT

TREASURER

VICE PRESIDENT

SECRETARY

Ozzie Orsillo Evergreen Packaging Co.

ASSOCIATION UPDATES 52

ember News and M Announcements

In Memoriam

ortheast Dairy Donates N to Christmas on the Farm

hole Foods Experts W Predict 2019 Trends

BI Wants FDA Action A on Misbranded Products

NEW MEMBERS, BENEFITS 54 55

Membership Benefits Chart Meet Our New Members

Bill Elliott Northeast Great Dane

Melissa Fryer Alfa Laval Ryan Osterhout KCO Resource Management

NORTHEAST DAIRY MAGAZINE TEAM EXECUTIVE EDITOR

Bruce W. Krupke bk@nedairyfoods.org

CONTRIBUTORS

Bill Brod billbrod@nedairymedia.com

Dave Damarath, Laurie Fischer, Whitney Kummerow, Daniel Lausch, Stephen Messina, Emily Middlebrook, Andrew M. Novakovic, Ozzie Orsillo, Curt Steinhorst, Stephen Valentine, Rachel Barry

EDITOR

PRODUCED BY

PUBLISHER/DIRECTOR OF SALES

Caroline K. Reff creff@nedairymedia.com CREATIVE DIRECTOR

Robin Barnes robinb@datakey.org

Northeast Dairy Media

Editorial correspondence should be directed to editor@nedairymedia.com. Advertising correspondence and materials should be sent to billbrod@nedairymedia.com. POSTMASTER: Send address changes to bk@nedairyfoods.org.

COVER DESIGN

Greg Minix

An official magazine of the Northeast Dairy Foods Association, Inc., a nonprofit organization. This publication carries authoritative notices and articles in regard to the activities and interests of the associations. In all other respects, neither the association nor the producer of the publication, Northeast Dairy Media, is responsible for the contents thereof or the opinions of the contributors. The entire contents are © 2018 by Northeast Dairy Media. Nothing may be reproduced in whole or in part without written permission of the publisher. The association and Northeast Dairy Media reserve the right to print portions or all of any correspondence mailed to the editors without liability on its part and no such correspondence will be returned. Visit Northeast Dairy Foods Association online at nedairyfoods.org for current information on association programs and services, or call the association at 315-452-MILK (6455). Questions and comments may also be sent to the association at bk@nedairyfoods.org.

2 • Northeast Dairy Foods Association, Inc.

As we celebrate

90 years of serving our members throughout the Northeast, let’s take a look back at some of the key accomplishments along the way!

1997 A contingent of seven New York City-area milk processors and distributors agreed to join the association. The addition of these companies solidified the association’s position as the only trade group in the state to represent the dairy processing and manufacturing industry. The membership grew from 72 to 120 between 1992 and 2006.

1993 In November, the office moved from Albany to North Syracuse, where it remains today.

1992

2008 In September, the board approved an expansion of the association to include the New England states and New Jersey. The organization became the Northeast Dairy Foods Association, Inc.

2006 The association’s supplier and vendor support group, the New York State Dairy Food Boosters, merged with two similar organizations to form the Northeast Dairy Association. The merger drove the number of members past 225.

2018 The association celebrates 90 years as a strong vibrant group for the benefit of our membership in the dairy industry.

Bruce W. Krupke was named executive vice president. He came to the association after eight years at the American Dairy Association and Dairy Council.

1978 The board of directors approved a name change to New York State Dairy Foods, Inc., to more adequately represent the entire dairy processing, manufacturing and distribution industry in the state.

1972 Edmund Towle became the executive vice president, and the office was relocated to Albany, New York.

1928 The New York State Milk Distributors, Inc., was founded in Syracuse, New York, with districts from regions around the state. Each district sent one delegate to form the board of directors. J. Russell Fox was the executive vice president, a position he held until 1972.

Celebrating

On a daily basis, our goals and efforts are directed towards: Representing our membership as a united processing/manufacturing/distribution body before legislative government and regulatory agencies, promoting and safeguarding their common business interests. Providing services and information to our members that will continually serve to improve their operations ensuring the efficient distribution of the freshest and safest dairy products possible.

YEARS

Our Mission Statement

FrontDesk

NDA is Keeping an Eye on Legislation for You BY DANIEL R. LAUSCH, VICE PRESIDENT, BOARD OF DIRECTORS, NORTHEAST DAIRY FOODS ASSOCIATION.

s director of milk procurement of Lactalis American Group, I oversee management of the milk supplied from direct dairy producers and cooperatives for our cheese manufacturing facilities in New York, Wisconsin and Idaho. It is timely to discuss legislative issues as we finish 2018 with our midterm elections. That sets up new state legislative sessions starting in the first quarter of 2019 in all eight Northeast states. As a Buffalo, New York-based company, Lactalis American Group cannot have eyes and ears in all state legislatures. As a benefit of membership in the Northeast Dairy Foods Associations, however, we receive legislative updates about all eight states, avoiding surprise bills becoming law with little debate. On a national level, the top item is a new pending fiveyear Farm Bill. It appeared earlier this year that the bill was fast-tracked to get both the U.S. House and Senate versions into committee, but that dream faded as summer ended. Now there is talk that the long-standing marriage of the Farm Programs and the Supplemental Nutrition Assistance Program is at risk and may not sustain another five or 10-year cycle. A new Farm Bill is very important to our company and to farmers who supply the milk for our cheese plants. A Farm Bill ultimately supports the stability of the overall agriculture sector in the U.S. For example, if grain prices are in flux, then the input cost of feeding dairy cows is a moving target, which increases volatility of milk pricing to adjust to the changing feed prices. We currently have enough moving parts, including daily changes in currency value affecting the net sale price of exports and unpredictable changes in tariffs levels, without having to consider what will happen without a Farm Bill.

USDA AND THE FEDERAL ORDER SYSTEM Lactalis American Group is a strong supporter of the Federal Order System because, among other reasons, it brings predictability and stability to the monthly pricing of milk in 4 • Northeast Dairy Foods Association, Inc.

We currently have enough moving parts, including daily changes in currency value affecting the net sale price of exports and unpredictable changes in tariffs levels, without having to consider what will happen without a Farm Bill. — DANIEL R. LAUSCH

Vice President, Board of Directors, Northeast Dairy Foods Association, Inc. the form of a Weighted Average Price of the four class prices. It has been 20 years since the Federal Order System was overhauled. Tremendous improvements were achieved in 1999 to combine and consolidate the 33 federal orders down to 11, including a major increase of farm milk volumes being priced based on multiple components. Now that California’s federal order has been set in motion, I believe the USDA and the dairy cooperatives should turn their efforts to begin an over-haul of the remaining ones. The federal orders have always focused on Class 1 fluid milk as the dominant class of milk in the market and the sharing of that highest Class 1 price back to all the producers in the pool. Back when I started in the dairy business inspecting dairy farms, there were often months that Class 1 was 50 percent of the milk market. The days have long passed of viewing Class 1 fluid plants as the only milk plants in need of the best quality milk with a guaranteed reserve supply to

HEADLINE

FrontDesk

anticipate demand spikes for “bottled milk.” Class 1 fluid milk does not operate with a seven-day “sell by code,” as it did in the past. Class 2 plants can be more demanding and require as much or more daily/seasonal balancing, and many have milk quality standards higher than their neighboring Class 1 pool plants. As Class 1 percentages continues to decline, the USDA should change the regulations to include Class 2 milk volumes for handlers when determining whether an individual milk plant is a pool plant or a reserve processing plant. That would allow a producer’s milk to qualify and be pooled on the order as either Class 1 or Class 2 plants, thus adding more possible qualifying destinations for dairy farmers. Class 1 destinations (pool plants) continue to be less able and willing to qualify individual dairy producers, a necessary step for a dairy producer to receive the weighted average price. One nearby example is Federal Order 33 based in Cleveland, Ohio, that still requires each dairy producer’s milk to hit a pool plant for two full production days annually in August through November. This turns into a planned exercise, moving out regular milk loads from pool plants in order to create space for the reserve supply to be qualified. The net effect is a bunch of diesel fuel burned to physically show the Federal Order 33 Pool every year that this long list of dairy producers has milk good enough and able to hit a pool plant. This may be the definition of crazy.

NORTHEAST DAIRY FOODS ASSOCIATION The NDFA is our eyes and ears for the dairy industry in the Northeast region, while at the same time keeping an eye on law, regulation and policy coming out of Washington, D.C. The association provides valuable expert opinions, research and guidance to help set thoughtful policy, as well as a network of individuals and resources for support, information and training. Take advantage of your membership — or join us if you’re not currently a member — to ensure that this association is watching out for your business.

Update: 2018 Farm Bill Passes

he Farm Bill, officially titled the Agriculture Improvement Act of 2018, was finally passed on Dec. 12, 2018, in the House with a bipartisan vote of 369-47. The $867 billion bill was passed Dec. 11 by the Senate in a vote of 87-13 and is now headed to President Donald J. Trump for final signature. He is expected to sign it by the end of December. The five-year bill encompasses a large variety of farm, nutrition, trade, energy, forestry and conservation programs. The final legislation removed the work requirements for food stamp recipients, which was a sticking point in earlier drafts. The new bill reauthorizes conservation and agriculture programs, expands support for dairy, legalizes industrial hemp and funds trade programs. For dairy farmers, the bill overhauls risk management programs to make them more affordable and accessible for participation in more than one program simultaneously. The new insurance products will help dairy producers’ margins in times of low milk prices. A key provision of the new legislation for both producers and processors addresses the fluid milk price formula under federal programs. The new price formula will calculate the fluid milk Class I mover based upon the simple average of Class III and Class IV plus $0.74. The new formula will provide more stability when hedging fluid milk in the futures market. The Dairy Forward Pricing Program will be extended to Class II, Class III and Class IV through year 2023. It appears as if most farm and agricultural organizations are happy with the passing of the new Farm Bill. Our association, the National Milk Producer’s Association and the International Dairy Foods Association have expressed approval. NED Magazine | Fourth Quarter 2018 • 5

FrontDesk

Name Change Better Reflects Association’s Mission, Benefits BY OZZIE ORSILLO, PRESIDENT, BOARD OF DIRECTORS, NORTHEAST DAIRY SUPPLIERS ASSOCIATION, INC.

he past year was a good year for our members time with colleagues and friends over some great tasting food. and association. We had another near-record Effective Jan. 1, 2019, our association will officially attendance at our annual clambake. All of you change its name to better identify who we are. We are now attending the clambake can take pride in knowthe Northeast Dairy Suppliers Association, Inc. Our name ing that proceeds from the event fund all of our has changed, but our mission remains the same as it was scholarship and donation efforts. In 2018, we presented scholarwhen our association was founded: dedication to the growth ships totaling $15,000 to 10 very bright college students. Each and advancement of the dairy food industry. Watch for our year, the field of scholarship new name and logo to appear applicants gets more competon our website and printed itive, an encouraging trend materials soon. that demonstrates our future The benefits offered to and generation has great things in the efforts provided by the store for us. Please watch your 225 companies that make up weekly emails for our 2019 our association and board of scholarship application, which directors include: is available to every member • Providing a professional company and their employees atmosphere for members to who make up the Northeast network with those engaged Dairy Suppliers Association. in the business of the dairy Speaking of the clambake, food industry — OZZIE ORSILLO by now many of you have • Supporting the advancePresident, Board of Directors, Northeast Dairy Suppliers Association, Inc. heard the venue of our clamment, development and disbake, Hinerwadel’s Grove in semination of dairy technolNorth Syracuse, New York, ogy and information has announced it will be closing after 104 years in business. • Promoting the recruitment of future leaders and support Hinerwadel’s and, more specifically the annual clambake, has for students and educational institutions that have interest been an important part of our association’s success. Our sincere in the dairy food industry thanks goes out to Hinerwadel’s, and we wish their family the • Enhancing the well-being of the dairy food industry to very best. To all who have enjoyed this event over the years, increase sales and consumption our board of directors wants to assure you this event will carry Lastly, and on a personal note, we want to extend our conon! We are happy to announce that we will be holding our gratulations to our former auditor, Bob Antonacci. On Nov. annual clambake on July 10, 2019, at The Spinning Wheel in 6, 2018, Bob won his campaign race and was elected to the North Syracuse (www.spinningwheelrestaurant.com) — and office of the 50th New York Senate District. Bob conducted we will be adding a pig roast! This new venue is just down his duties here with integrity and professionalism all while the road from Hinderwadel’s. So mark your calendars now being a regular guy. We know he will work for the people of for another fun-filled day of golf, networking and enjoying his district, and we wish him the best.

Our name has changed, but our mission remains the same as it was when our association was founded: dedication to the growth and advancement of the dairy food industry.

6 • Northeast Dairy Foods Association, Inc.

We’ve got new websites! nedairyfoods.org | neastda.org Create your own profile for full access to exclusive members-only content and our member directories. Get up-to-the-minute news on what’s happening in our industry.

Don’t forget to find us on social media! /NEDairyFoods

/NEDairyAssociation

FrontDesk

Communication Is Key to Successful Membership BY BRUCE W. KRUPKE, EXECUTIVE VICE PRESIDENT, NORTHEAST DAIRY FOODS ASSOCIATION, INC.

hey say knowledge is power. This is one of the lessons I always tried to impart on my three (now adult) children as they were growing up. About two years ago, I set out on a long-term goal and mission for our association and you, our members, to create a quality communications piece that would provide our membership with more knowledge, targeted on the issues that affect your businesses and companies. With this knowledge, you are hopefully stronger and more competitive in the marketplace. This issue you are reading is our fourth in this inaugural first year, and as we round out 2018 and move into 2019, I can say that this association’s magazine has been, in its infancy, a great success. In this issue, we are going to focus on the main benefit we provide to you our members — to monitor all laws and regulations coming out of the eight Northeast states and then to lobby in support or opposition on your behalf. We have the knowledge and expertise to represent you in the halls of government, and we want to report to you on these efforts and issues. They say the milk and dairy business can be compared to a three-legged milk stool. One leg is the dairy farmer, another the processor and the third is the retailer. All three are necessary to get the milk and dairy products you make and distribute into consumers’ hands. That milk stool needs the legs to be of similar length, otherwise the industry is out of balance and can’t survive. The three need to work with one another as much as possible, sharing information to be successful. This magazine effort is a three-legged milk stool. One leg is the publisher, Bill Brod, and our editor, Caroline Reff. The second is our readers, which, of course, is our membership. The third is our suppliers and vendors willing to spend their marketing and advertising dollars to financially make it possible. As we publish this issue, I’d like to say thank you to all three legs. Our publisher, editor and staff have done a great job in our first year. We have received many compliments

8 • Northeast Dairy Foods Association, Inc.

Celebrating YEARS

on the content and quality of the magazine. Our supplier member advertisers really deserve a lot of credit, as they allow us to create this piece. Without their support, it would not be possible. You, the readers, also support this effort by reading the content and acknowledging our advertisers. We need you to let them know you recognize their efforts the next time they visit with you. 2018 marks the 90th anniversary of our association, which is quite an accomplishment. It is practically a lifetime plus when you stop and reflect. I’m very proud of this association and what we do for our members. We would not have been celebrating 90 years if we weren’t doing something right. It is my goal as your executive vice president to continue to look for new ways to communicate and provide you with more knowledge. We are going to keep publishing this magazine for you, while also searching for other new ways to assist you. In the past year, we have hired Alex Walsh as our communications director, and he has gotten settled in and is busy creating new messages on our social media platforms. Utilize the information on our website at nedairyfoods.org. We

FrontDesk Read the previous issues of Northeast Dairy Magazine online. NO

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need to get to the next generation of dairy industry workers and consumers with the positive message that we produce, manufacture, process, distribute and retail some of the best and most nutritious foods out there. We need to be positive, aggressive and be on offense, not defense, and we need to take back some of the fluid/beverage business with that positive message. Through good communication, knowledge and the power to compete in the marketplace, we can do just that. Just to let you know, my two daughters and one son made it through the lectures and wisdom that I tried to impart on them. All three are successful young adults, one married with our first grandson, Leo, who recently turned 1. We are always looking for your feedback and news. Let us know what you think about this magazine. Contact us if your company has some news, press releases, new product offerings, employee promotions, marketing, PR and good will you’d like to share at editor@nedairymedia.com, 315-452-6455 (MILK) or 315-452-1643 (fax). Thank you for your support, and I hope you enjoy reading this publication. I welcome your feedback at any time.

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NED Magazine | Fourth Quarter 2018 • 9

Economic Outlook

ECONOMIC FORECAST USMCA, China, Farm Bill Things to Watch Heading Into 2019 BY GARY LATTA

n the final hours of Sept. 30, it was announced that the U.S. and Canada had reached an agreement on trade. The new trilateral pact would replace the North American Free Trade Agreement with the new U.S.-Mexico-Canada Agreement, referred to as the USMCA. The USMCA includes important dairy trade provisions, particularly with Canada. In late August, the U.S. had reached a trade agreement with Mexico and craftily played it against Canada to parlay a deal there, as well. Canada did not want to be left out of any North American agreement and so was under intense final-hour pressure to accept changes to its existing dairy program. Mexico 10 â&#x20AC;˘ Northeast Dairy Foods Association, Inc.

and Canada are the two biggest export destinations for U.S. dairy products. China was the third largest. The agreement with Mexico included several provisions important to agriculture, such as biotechnology research exchange, increased transparency, limiting trade-distorting policies and more uniform product grading. The U.S. and Mexico also agreed to refrain from using geographic indicators, which restrict the marketing of cheese with common names like Swiss, provolone, ricotta and others. The European Union has been actively working to restrict the use of many such names. The final piece of the USMCA contract was securing concessions from

Canada regarding its import restrictions and eliminating its relatively new Class 7 pricing mechanism. Canada had created the new lower-priced Class 7 in early 2017 primarily to restrict U.S. competition for dairy protein concentrates, whole milk powder and skim milk powder used to make cheese, yogurt, infant formula and other products. Canada had used this lower price to not only restrict U.S. imports but to increase sales into the international market. Under the terms of the new agreement, these Canadian products will be priced at the U.S. price. Following a Congressional review process and formal signings by all three countries, the new USMCA will likely be in place

Economic Outlook in 2019. For U.S. producers to feel the full effect of this new agreement, the ongoing trade disputes with Canada and Mexico over steel and aluminum tariffs will have to be resolved. This is especially critical for U.S. cheese exports into Mexico. In addition to eliminating Class 7 pricing, Canada also agreed to allow more U.S. imports into the country. After 14 months of intense and heated negotiations, Canada finally agreed to allow 3.59 percent of tariff-free U.S. dairy products into its $16 billion domestic market. This is up only a modest amount from the current existing 3.2 percent share, but some Canadian analysts believe this new portion of U.S. access into this market will climb from a current 10 percent to 18 percent in seven years under the new deal. Industry observers

believe the new terms will allow the U.S. to export 46 million pounds of cheese to Canada tariff-free during the first year of the agreement. Half of this cheese will be for retail sales, and the other half will go to manufacturers for use in other foods. There are mixed feelings and varying amounts of skepticism on both sides of the border as to just how much the USMCA will benefit or harm each countryâ&#x20AC;&#x2122;s respective dairy industry. The Canadian industry and its producers are understandably upset with the concessions its government leaders made. Dairy leaders in Canada believe they have been sold out. In retaliation, some Canadian dairy marketers have created a blue-colored label for retail dairy products indicating to consumers the item was produced in Canada.

U.S. AG LEADERS SKEPTICAL Most U.S. agricultural leaders have a cautious optimism about the benefits of the new deal with Canada. Many agree the increased market access and the elimination of Class 7 are positive for the U.S. However, neither of these are likely to do much to clear the U.S. market of enough milk supply to elevate prices significantly. The Canadian market is relatively small in the overall scheme of things, and we are only allowed a slightly larger portion of that. Time will tell. Perhaps of greater significance to the U.S. under the new agreement may be the requirement that Canada factor in an export charge on its dry dairy ingredients and specialty products that were previously within its Class 7. Until the USMCA, Canada had used its lowpriced Class 7 to its advantage by ex-

NED Magazine | Fourth Quarter 2018 â&#x20AC;˘ 11

Economic Outlook

porting its surplus into the international marketplace. As U.S. exports of dry and specialty dairy ingredients declined, similar lower-priced Canadian Class 7 products expanded in their place. Some industry observers believe this newfound demand served to stimulate Canadian milk production, leading to even more dumping of Class 7 style products into the global marketplace. Hopefully under the terms of the new agreement, the U.S. will have opportunities to resecure some overseas markets. Solidifying an initial trade deal with Mexico was critical to eventual success with Canada. Mexico is by far the largest market for U.S. dairy exports, representing $1.31 billion in 2017. Of this amount, $400 million was from cheese exports alone. Cheese exports to Mexico, unfortunately, are down at this time due to tariffs placed in retaliation of U.S. tariffs on steel and aluminum. By comparison, Canada imported $637 million worth of U.S. dairy products in 2017. 12 • Northeast Dairy Foods Association, Inc.

WILL CHINA COME TO THE TABLE? China was our third largest dairy export market with $576 million purchased in 2017. U.S. dairy sales to China have suffered in 2018 due to tariffs imposed by the Chinese government in retaliation to the ongoing trade war between the two countries. In July, China placed an additional 25 percent tariff on most U.S. dairy products. So far, little progress has been made to end the U.S.-China trade war. At this time, over 6,000 different products from both sides are subjected to tariffs. Some experts speculate on whether the USMCA will encourage China to come to the table. Demand for dairy products in China is growing rapidly, but consumption per capita remains below that of most countries. According to USDA Foreign Agricultural Information Network reports, milk production in China is expected to decrease 1 percent in 2019 due to shrinking herd size. Other factors contributing to China’s smaller herd size

are tighter environmental regulations, low milk prices and higher feed costs. All of these are taking a toll on smaller Chinese farms. Feed and input costs have risen there in part due to Chinese government restrictions on imports of U.S. soybeans and alfalfa. China is the world’s largest importer of soybeans and was the top destination for U.S. product last year with sales of $14 billion in 2017. China is also a very large importer of U.S. hay and alfalfa.

2018 SHOWED INCREASE IN U.S. EXPORTS USDA’s Foreign Agriculture Service recently reported on the status of U.S. dairy product exports for the first nine months of 2018. During the January to September period, dairy exports totaled $4.2 billion, up 5 percent from the first nine months of last year. Dairy imports totaled $2.15 billion for the first nine months of this year, up 6 percent from the same period last year. During the

Economic Outlook first nine months of this year, the leading destination for U.S. dairy products was Mexico with sales of $1.03 billion, up 3 percent from the same nine months last year. U.S. dairy exports to Canada during the first nine months this year were $481.1 million, down 2 percent from the same period last year. China was third with year-to-date sales of U.S. dairy at $402.4 million pounds, down 5 percent from last year. These countries were followed by South Korea up 4 percent, Japan down 3 percent and the Philippines up 6 percent. Cheese exports during the first nine months of this year were $585.8 million pounds, up 3 percent. Mexico is the top destination for U.S. cheese but was down 2 percent year-to-date. Butter exports are 45.7 million pounds, up 44 percent during the first nine months. Nonfat dry

milk exports are 1.22 billion pounds, up 26 percent during the first nine months. Dry whey export sales are 381.2 million pounds and up 13 percent over the same period. Whey protein concentrate and lactose exports are up 20 percent and 18 percent, respectively. U.S. Trade Representative Robert Lighthizer announced recently that the administration is working on three individual trade agreements with the U.K., the EU and Japan. After China, Japan is the fourth-largest export destination for U.S. dairy products. Looking at the numbers, the U.K. and EU are significant importers of dairy products from around the world, but not from the U.S. Hopefully the administration and Lighthizer will be successful with their techniques of gentle persuasion and open more access there. U.S. dairy farmers and manufacturers

have been feeling the pinch of the ongoing trade war with key countries around the world. Recent studies from Informa Agribusiness Consulting and Texas A&M indicate the loss of tariff-related dairy trade will cost producers over $1 billion in 2018. This is a much larger number than previously anticipated. Recently, the National Milk Producers Federation sent a respectful letter to USDA Secretary Sonny Perdue indicating that initial efforts of the administration to compensate producers for trade-related losses will fall short. These new studies reveal the tariff impact of cheese sales to Mexico alone to be somewhere around $390 million. The impacts from cheese, dry dairy ingredients and whey losses to China are reported to be near $408 million due to ongoing trade wars. (continued on next page)

NED Magazine | Fourth Quarter 2018 â&#x20AC;˘ 13

Economic Outlook Recent studies from Informa Agribusiness Consulting and Texas A&M indicate the loss of tariff-related dairy trade will cost producers over $1 billion in 2018.

The number of milk cows for the top 23 states in September was 8.72 million head, a decrease of 13,000 head from September of last year. WHAT ABOUT THE FARM BILL? Few were surprised that Congress missed the deadline on another Farm Bill. The present legislation was authorized in 2014 and theoretically expired on Sept. 30, 2018. It is reported that around 40 farm programs were left inactive and unauthorized as a result of the lapse. Rumors swirling in Washington during this lame-duck session indicate the House and Senate are close to finishing the Farm Bill. One last-minute agricultural policy issue that suddenly came up has to do with forestry and wildlife management. The recent devastating fires in California have inspired the White House and the House GOP to request changes in the Farm Bill forestry policy. USDA Secretary Sonny Perdue and Interior Secretary Ryan Zinke have requested that Congress expand their authority to partner with states for land management. Much of this management would include partnering to clear forests of materials that they believe creates fire. Senate Agriculture Chairman Pat Roberts (R-KS) and ranking member Debbie Stabenow (D-MI) have expressed concern over the possibility that forestry 14 • Northeast Dairy Foods Association, Inc.

changes might delay the bill. House Agriculture Committee Chair Michael Conaway (R-TX) and House Agriculture Committee ranking member Collin Peterson (D-MN) have also stated that the Farm Bill finalization is very close. Relatively large milk supplies continue to weigh on market prices in the U.S. The USDA revised milk production growth in August to 1.3 percent followed by September’s production increase of 1.5 percent. USDA personnel pointed out that production per cow typically falls off seasonally between July and August. Seasonal milk per cow declines in the July-August milk production period have averaged -1.2 percent for the past 20 years. This year, however, the July to August decline was a small -0.5 percent. Nationally, milk production continues to climb primarily due to the sustained trend of increases in output per cow. Cow numbers have been declining the past several months, but growth in output per cow keeps contributing to overall supply growth. Some experts attribute this productivity trend to favorable feed prices and availability. However, we now are beginning to see some reports that

indicate feed and other input costs may be headed up soon. The October Milk Production Report revealed that September production per cow averaged 1,880 pounds, a 30-pound increase over September 2017 and the highest production per cow achieved for the month of September since the inception of the top 23 state series back in 2003. Breaking previous year records in output per cow is nothing new. The number of milk cows for the top 23 states in September was 8.72 million head, a decrease of 13,000 head from September of last year. New York, Pennsylvania and Vermont are among the USDA’s top 23 states, and three showed a decrease in the number of cows for September from the same month last year in the USDA report. New York and Vermont showed gains in output per cow, while Pennsylvania dropped off a bit. New York was the only one of these three that was up in total monthly milk production for September at +0.8 percent. Other major milk-producing states like California, Texas, Wisconsin and Minnesota all showed sizable increases in September

Economic Outlook milk production, again primarily from increases in output per cow. The USDA provides monthly dairy forecasts in the World Supply and Demand Estimates report and in the Livestock Dairy and Poultry Outlook. In its October reports, the USDA adjusted milk production forecasts upward for both 2018 and 2019 due to ongoing growth in output per cow. It also increased its 2019 forecast for cow numbers in the October report. On a milkfat basis, exports were raised for 2018 and unchanged for 2019 due to recent improved cheese exports. Skim-solids basis exports were raised for 2018 because of improved nonfat dry milk and whey sales. USDA’s butter and whey price forecasts for 2018 and 2019 were raised in the October report due to demand

strength. Cheese prices were lowered due to the weight of large supplies in storage. Nonfat dry milk was left unchanged. As a result of these tweaks and adjustments, the Class III price estimate for 2018 was lowered. The Class III price forecast for 2019 was raised because higher whey prices are expected to more than offset slightly softer cheese prices. USDA raised the estimated Class IV price for both the remainder of 2018 and 2019 because of higher nonfat dry milk and butter price forecasts. These adjustments resulted in a USDA 2018 all-milk price forecast unchanged from the previous month’s estimate of $16.35 to $16.45. The 2019 all-milk price forecast was raised, however, and is now in the range of $16.85 to $17.75. At a glance, it appears as if the

USDA’s 2019 milk prices are forecast to be near those experienced in 2017. The 2017 all-milk price ended up at $17.65, and the 2019 all-milk forecast is now within a range of $16.85 to $17.75. These figures will change over time depending on the levels of production and sales. Gary Latta is a dairy product specialist consultant for the Northeast Dairy Foods Association, Inc. He has more than 30 years of experience in providing economic analysis, statistics and information to the dairy processing industry.

NED Magazine | Fourth Quarter 2018 • 15

2018 LEGISLATIVE + LOBBYING REPORT

Keeping Our Members Updated Is Our No. 1 Priority BY BRUCE W. KRUPKE, EXECUTIVE VICE PRESIDENT, NORTHEAST DAIRY FOODS ASSOCIATION

16 â&#x20AC;¢ Northeast Dairy Foods Association, Inc.

2018 LEGISLATIVE + LOBBYING REPORT

2018

was a more active year in state legislatures and in Washington, D.C., than normal. We can attribute some of this activity starting at the top with President Donald J. Trump’s positions, policies and activities. The president’s positions, “Make American Great Again” slogan and self-proclaimed “draining the swamp” mentality have affected our dairy industry and can be felt all the way to our state capitals and in the bills introduced, where most of our lobbying activities are focused. This report is intended to provide an overview of the wins and losses on the lobbying front our association has provided you with as our most important membership benefit. Since there was a recent election, we’ll also give you a summary review of the results and which party will be in control. Laws and regulations that ultimately passed are based on the winds of change, opinions, perceptions and community needs. Legislators who are elected come from all walks of life. Their upbringing, experiences, education, knowledge and observations all play into what positions they ultimately take on any given issue brought before them. This perspective can be viewed as a bit naïve because, all too often, the majority opinion — those of party “bosses” — governs which issues can become laws. As legislators are elected to represent those from their districts — not just those from their political party who supported them at the polls — they are constantly fighting the need to get re-elected. This forces many legislators to sometimes vote against or for an issue or bill that they personally might agree or disagree with. So, as you can see, many times what happens in the halls of the legislatures is not black and white. It is most of the time gray and sprinkled with compromises.

HOW THE NORTHEAST DAIRY ASSOCIATION LOOKS OUT FOR YOU

Our association has three individuals and staff members who lobby on your behalf. We have the experience, expertise, knowledge and understanding of your company and the dairy industry. We can relate this unique knowledge directly with legislators who are trying to introduce what they might feel is a well-intended bill. We are your “hitmen” who can try to stomp out an idea that could seriously impede your business or company before it becomes law or regulation. We represent you with adopted policies to help reduce regulation and have bills introduced by helpful legislators. In a nutshell, our association plays both offense and defense in the halls of government on your behalf. Our association monitors bills of importance to our membership. We scour the list of introduced bills weekly and create

a report that can be viewed on our association’s website at nedairyfoods.org. This list is only available to our members and is updated weekly in our legislative update section. Simply click on a bill and read what has been introduced. Our association’s board of directors sets the policies and guidelines that steer us to either support or oppose a bill. The most important guideline we follow is “Does the bill make our members more or less competitive?” The second criteria is “Are there any safety concerns for our consumers or employees contained in the bill language?” Determining the answers to these two key questions allows us to decide whether we lobby for or against a bill.

We are your “hitmen” who can try to stomp out an idea that could seriously impede your business or company before it becomes law or regulation. Every two years, legislation and bills are introduced in all states. This cycle usually follows the general state election process. These bills have a sunset date, however. If they do not move during these two years, they are disposed of. If the legislator who originally introduced a bill wants to continue supporting the concept, he or she needs to re-introduce the bill again and start from scratch. This can be a double-edged sword. If you are working on an issue you want to see passed, it can sometimes take many years before enough support is garnered to have it become law. Conversely, if you don’t support a bill, you want it to die on the vine every two years and not be passed. Then there is the issue of having to contend with changes of legislators and elections. To get a bill passed, it usually needs to go through a legislative committee. When there is an election in a state, there will always be newly elected legislators placed on committees and ready to get to work. However, these new legislators are starting from scratch. They are not up to speed on bills formerly introduced in past years, and they need to be lobbied, which can be a setback in supporting or opposing a bill. Our association has many allies in the halls of government. We work with many other groups to form alliances in lobbying efforts, including retail organizations, food service associations, school nutrition, farm bureaus, state granges and NED Magazine | Fourth Quarter 2018 • 17

2018 LEGISLATIVE + LOBBYING REPORT dairy promotion organizations. The exchange and sharing of information in support of issues is very important to our success. There are many ways our association lobbies. The most basic is by writing legislators with a memo of opposition or support on behalf of our large membership. Usually these memos are shared with committee members and have a strong effect when a bill is being considered. We will also meet with legislators in person if a topic is viewed as having the potential of moving through a committee. We’ll sometimes meet with regulators, too, such as the Agriculture, Labor or Environmental Department, to gather intelligence and relay our positions. At times, it is necessary to appear in person at a committee hearing to directly express our positions. Another useful and very effective lobbying tool is to ask you, our members, to make contact with your legislators to express an opinion and position on a bill or topic. Although not part of the lobbying process, our association will sometimes financially support a legislator’s political action committee if he or she has agreed with our positions. Obviously, we do not donate to or reward a legislator who has opposed our positions.

MIDTERM ELECTIONS: LET’S REVIEW

Let’s review what happened in the November 2018 elections. This is important because the party in control will set the tone for what issues, and ultimately bills, will be introduced. The recent election cycle in the eight states we work in saw many changes, none more so than New York. The Democratic Party took control of all branches of government, including the governor’s office, state attorney general, comptroller and both the Assembly and the Senate, which was controlled by the Republicans. It has been our observation when lobbying in the six New England states and New Jersey that they sometimes look for New York state to take the lead on many issues. We can view New York as the big tenant in the mall, anchoring policy and legislative efforts in the Northeast U.S. It is not news that members of the Democratic Party sometimes are not supportive of business and industry. In past years, many new costly and expensive laws and regulations have been introduced by progressives. With New York state firmly under Democratic control, we can expect troublesome laws to be introduced in 2019 that will require extensive lobbying efforts on our part.

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2018 LEGISLATIVE + LOBBYING REPORT

A SUMMARY OF THE 2018 ELECTIONS STATE-BY-STATE CONNECTICUT: A blue wave swept through Connecticut on election night, shifting the balance of power more decidedly into the hands of Democrats. Gov. Dannel Malloy (D) did not seek re-election. Building on a coalition of urban and suburban voters and capitalizing on a Democratic wave that swept the state, Democrat Ned Lamont notched a very narrow victory over Republican Bob Stefanowski. MAINE: Gov. Paul LePage (R) did not seek re-election. Janet Mills (D) won over her two opponents, garnering 50.8 percent of the votes. Republican Shawn Moody took in 43 percent of the vote totals. Both houses of the Maine legislature are now under Democratic Party control. MASSACHUSETTS: Gov. Charlie Baker and Lt. Gov. Karyn Polito, both Republican incumbents, won over Jay Gonzalez (D) and Quentin Palfrey (D) by a vote of 66.9 percent to 33.1 percent. Both houses of the Massachusetts legislature are controlled by the Democratic Party by a large margin.

NEW HAMPSHIRE: Gov. Chris Sununu (R) won over Democrat Molly Kelly by a margin of 54 percent to 46 percent, so Republicans control both houses of the legislature by small margins. (Note: Legislators in New Hampshire are not full-time politicians and are not paid a stipend, unlike all other Northeast states.) NEW JERSEY: There was no governor’s race. Bob Menendez (D) won the U.S. Senate office over Robert Hugin (R) by a 53 percent to 43 percent vote. Now, Democrats control both chambers of the New Jersey State Legislature with a 54–26 majority in the State Assembly and a 25–15 majority in the State Senate. There were eight special state legislature elections, and Democrats won each of those races. NEW YORK: Andrew Cuomo (D) and Lt. Gov. Kathy Hochul (D) won easily over their Republican counterparts Marcus Molinaro (R) and Julie Killian (R) by a vote of 57 percent to 36 percent. Most noteworthy, Democrats NED Magazine | Fourth Quarter 2018 • 19

2018 LEGISLATIVE + LOBBYING REPORT SUMMARY OF THE 2018 ELECTIONS took over the Senate and now control 40 of the 63 seats. In the Assembly, Republicans picked up eight new seats but are still in the vast minority. All executive and legislative branches of New York state government are now controlled by the Democrats, including comptroller and attorney general. In addition, U.S. Senator Kirsten Gillibrand (D) was re-elected for a sixth year. She has her eye on running for president in 2020.

tion restrictions, animal cruelty for farms, expansion of the sale of raw milk direct to consumers, plastic container use, packaging waste and expansion of the Bottle Bill. Our association opposed these topics due to mandates to increase costs of production, product safety, consumer safety and consumer cost increases. None of these bills were passed this year, but we can expect them to all be re-introduced in 2019 with greater support.

RHODE ISLAND: Democrat Gina Raimondo won over Republican Allan Fung to win the governor’s office by a vote of 52 percent to 32 percent. Both legislative houses are controlled by the Democratic Party by a large margin.

MAINE: In the past two years, Maine has been unusually quiet, but our association supported many of the bills that were introduced. These bills included acts to expand the local foods economy by promoting local foods procurement, to improve and protect Maine organic milk producers and to correct a technical error in the Dairy Improvement Fund. There were two good wins in Maine with local foods and dairy improvement funds passing.

VERMONT: With a record turnout, reportedly as high as 58 percent of registered voters, there were seven contenders for governor. Incumbent Republican Phil Scott won with about 54 percent of the vote. In both houses of the legislature, Democrats have a large margin of control.

There were a number of bills related to the dairy industry introduced by the states in 2017 and 2018. Some were wins; some were losses. Here is a state-by-state summary of the results: CONNECTICUT: Bills introduced included an Act Concerning Post-Consumer Content for Plastic Bottles Sold in Connecticut. This bill stated any plastic beverage container sold in the state, regardless of size, shall contain not less than 25 percent post-consumer recycled plastic content. We opposed this bill. This bill did not pass and will most likely be re-introduced. The ramification of this bill passing is an increased cost to purchase the plastic packaging, as well as food safety and sanitary concerns. MASSACHUSETTS: The number of bills in the state was much higher than normal. Issues that surfaced included recycling mandates, sugar consump-

20 • Northeast Dairy Foods Association, Inc.

NEW HAMPSHIRE: This state had four bills we monitored, including two we supported — a bill that would repeal the prohibition on the use of milk containers for substances other than milk and an act relative to food protection services. Two we opposed were a bill limiting beverages to milk, water, juice, etc., in kids’ meals in restaurants and a bill exempting food from federal regulation if produced and sold within the state. None of these bills passed this session. NEW JERSEY: With a new governor at the helm, legislation introduced was very closely monitored — none more so than the effort of raw milk supporters trying to expand the sale directly to the public. Our association opposes the expansion or sale of raw milk directly to consumers based on food safety concerns. Other bills introduced included requiring the labeling of foods containing genetically engineered material, which we, as an association, opposed as we support the use of GMO science. Another bill established standards for food date labeling, and we opposed that, as well, as this bill would create a mandate for new requirements for both milk and dairy sell-by dates. And, finally we supported a

2018 LEGISLATIVE + LOBBYING REPORT SUMMARY OF THE 2018 ELECTIONS bill authorizing the use of retail coupons for purchase of milk by consumers. There were many wins in New Jersey, and none of the bills that we opposed passed. NEW YORK: New York — with the highest population of any state in the Northeast combined with the third highest milk production — introduced the most bills that we monitored and lobbied. New York will typically introduce as many as 10,000 bills during the two-year cycle. About 200 to 300 are eventually passed during the time period. With so many bills being introduced, it is no coincidence that New York is the most active state we lobby. Bills we supported in New York included one that relates to property tax benefits for anaerobic digestion and agriculture waste; one making it a crime — a class D felony, in fact — to tamper with the milk supply; another that relates to the procurement of locally grown farm and food products; one concerning the transportation of bulk milk; and another establishing healthy options and community outreach programs. Bills we opposed in New York state included one enacting the Farm Workers Fair Labor Practices Act; another requiring dairy transporters to have approval from the Department of Agriculture to apply surcharges for hauling; one that enacted the Sweetened Beverage Tax Law; another requiring clear and conspicuous labeling, mandatory GMO labeling, etc.; and finally, one that would set nutrition standards for restaurants serving children’s meals. None of these bills had enough support to pass this legislative session. With the change of control of the Senate going to the Democratic Party, we can expect all to be re-introduced and given serious consideration for passage in 2019.

RHODE ISLAND: Rhode Island, the least populated state we monitor, has very few dairy farms and dairy processors, although many issues and bills introduced could affect out-of-state dairy processors and distributors. We opposed the following bills introduced in this state, including an act relating to food and drugs called the Healthy Beverage Act; a plastic waste reduction act; an act to create a tax on sugary drinks; and an act about legalizing raw milk sales. None of these bills passed this legislative session, although they are gaining more support each year. VERMONT: Vermont is one of the top milk-producing states in the region, so the legislature pays special attention to dairy farming. Much of the legislation introduced directly affects dairy farmers. Vermont has a Milk Commission made up of legislators from both the Senate and the Assembly, which is active and tends to introduce legislation that would enhance producer pricing. The Milk Commission has a very extensive history — one that we monitor closely. One bill introduced would have limited the number of calories that could be contained in a kids’ meal at a restaurant. If passed, the law would have completely restricted the sale of chocolate milk from kids’ meals. We successfully conveyed this situation to the legislature, amending the bill to allow the number of calories to accommodate non-fat flavored milk. Other legislation introduced that we monitored and opposed included an act to increase the minimum wage; another relating to universal recycling requirements; a bill that would expand deposit redemption to water bottles and noncarbonated drinks; and a bill imposing an excise tax on food products containing sugar. Bills we supported included an act providing technical and financial assistance to transition to organic farming; an act relating to the exemption from the minimum wage for students; and an act relating to the farm-to-school program. (continued on next page)

NED Magazine | Fourth Quarter 2018 • 21

2018 LEGISLATIVE + LOBBYING REPORT

MONITORING WASHINGTON AND THE FARM BILL

Our association monitors legislation coming out of Washington, D.C., as well. This year was very active on many fronts. One of the most important was support of the Dairy Act in the 2018 Farm Bill. The Farm Bill is a five-year recurring piece of legislation reviewed by Congress. The Farm Bill expired on Sept. 30, 2018. Congress attempted to pass a new Farm Bill, although it was not successful because members of Congress could not come to an agreement regarding the Supplemental Nutrition Assistance Program, or what you might refer to as the food stamp program. A more recent issue includes a partisan spat over forestry regulations and wildlife prevention. However, a new Farm Bill was just passed in both the Senate and the House of Representatives. It is currently awaiting President Trumpâ&#x20AC;&#x2122;s signature by the end of December. Our association supported some provisions introduced in The Farm Bill. One of these provisions included amending the dairy product pricing formula to the average of Class 22 â&#x20AC;˘ Northeast Dairy Foods Association, Inc.

III and Class IV plus 74 cents. This would eliminate the higher of provision and have a smoother effect in final producer payments. We expect this provision to pass in the new Farm Bill. Other actions taken by our association as it relates to national dairy policy is support of the new United StatesMexico-Canada Agreement, called USMCA. This agreement awaits Congressional approval, expected sometime in early 2019, and then it must be signed into law by President Donald J. Trump. Passage of the USMCA will allow greater sales into both Canada and Mexico and provide Northeast manufacturers of ultra-filtered powdered products access back into Canada. Lobbying on behalf of the members of our association is extremely important. Your support of our activities is essential and appreciated. Should you have any questions or concerns regarding our association policies, please contact our office at 315-452-MILK (6455).

2018 LEGISLATIVE + LOBBYING REPORT

Proposed H2C Visa Change Critical to Maintaining Dairy Industry Guest Workforce BY LAURIE FISCHER

mmigration has long been a hot-button issue, but probably never more so since the current administration took office. Many U.S. industries are dependent on immigrant workers coming in to get the job done, as is the case in the dairy industry where farmers and food processors simply can’t find a large enough domestic workforce to fill their needs. The American Dairy Coalition, along with 250 other organizations across the nation, has been working since 2017 to make it easier for guest workers to ensure a reliable labor force for the dairy industry. This effort focuses on a new H2C visa category for agricultural workers that will include the specific needs of the dairy industry. Originally introduced as the Agricultural and Guestworkers Act, and often referred to as the Ag Act, the bill was to be an amendment to the Immigration and Nationality Act to “create a new H2C non-immigration visa for aliens having a residence in a foreign country that they have no intention of abandoning or who are coming temporarily to the United States to perform agricultural labor or services.” However, there were concerns from some agricultural groups that prevented it from moving forward. However, in July 2018, House Judiciary Committee Chairman Bob Goodlatte (R-VA) introduced a bill called H.R. 6417, also known as the Agricultural and Legal Work Force Act. This bill

replaces the current H2A visa program (which the dairy industry has not been able to utilize because this visa is for seasonal and/or temporary agricultural workers only) and establishes a new guest worker visa program through the Department of Agriculture — not through the Department of Labor, which does not support or understand our needs. H.R. 6417 not only allows guest workers into the U.S. on a renewable, 36-month H2C Guest Worker visa, but offers a path for undocumented workers already

here to also obtain such a visa if they meet certain employment and security requirements. This allows undocumented workers to remain here working in the dairy industry legally and allows them to apply for driver’s licenses, obliges them to pay taxes and allows them to no longer live in fear of detainment or deportation. The bill does contain a “touchback” requirement when the H2C visa expires, where a guest worker must leave the country for a specified amount of time in NED Magazine | Fourth Quarter 2018 • 23

2018 LEGISLATIVE + LOBBYING REPORT order to have the visa renewed, as well as an “at will” policy to protect employers and a requirement to seek out domestic workers first. (Despite a wage of $14 to $15 an hour and rising, labor statistics show that Americans are not typically interested in this type of work, something that makes passage of this bill that much more important.) It also specifies a cap of 450,000 H2C visas annually, although this would not count any undocumented workers already in the U.S. who receive H2C status. Best of all, the new visa program is only for those interested in working in agriculture, which, under this bill, includes the dairy industry. Our industry has waited far too long for the creation of a guest worker program that resolves some of the labor issues specific to the dairy industry. We are not

The American Dairy Coalition, along with 250 other organizations across the nation, has been working since 2017 to make it easier for guest workers to ensure a reliable labor force for the dairy industry.

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a seasonal industry. We need workers 365 days of the year. Without them, the dairy industry — all aspects of it— is certain to suffer. Of course, nothing comes easy. Originally, the bill was to be voted on in July — and then again in August; neither happened. While the pace has been disappointing, we have not given up. Each bill comes with additional improvements that have brought groups in both dairy and agriculture together to gain further support for this critical piece of legislation. As of November, the bill had strong support, including 112 co-sponsors, some of which were on the Democratic side of the aisle. It is critical that we continue to push leadership to ensure that this bill gets a hard look sooner rather than later. One of the primary reasons to move quickly is that the majority of guest workers in dairy come from Mexico or Central America. Creating a legal way for them to work in the U.S. has become increasingly critical as another piece of legislation was introduced that is tied tightly to President Donald J. Trump’s intentions to build a border wall between the U.S. and Mexico, while also tightening immigration laws. H.R. 7059, also referred to as the Build a Wall, Enforce the Law Act of 2018, was introduced in October by House Majority Leader Kevin McCarthy (R-CA) to allocate $23 billion in discretionary funding over a seven-year period for the construction of this wall and another $6.77 billion for infrastructure, technology and operations to increase security along the U.S./Mexican border. Furthermore, the Build a Wall, Enforce the Law Act proposes an expansion or penalties for those who re-enter the U.S. after being removed for a variety of reasons, adds

2018 LEGISLATIVE + LOBBYING REPORT new criteria for mandatory detentions and updates criteria for deporting and blocking re-entry into the U.S. This bill does not include the creation of H2C visas, and if this bill passes without some type of guest worker provision for the dairy industry, it will be drastically compromised. Essentially, clear and reasonable guidelines to ensure guest workers can continue to come into the country through the H2C visa are critical, particularly if immigration reforms tighten as the president intends. Without it, the majority of the dairy industry’s workforce could be cut off, and then where will we be? Of course, we don’t believe the Agricultural and Legal Work Force Act is perfect, and we know there will be details to be worked through in order to make it function as intended. However, the alternative is far worse: failure to pass no legislation at this time means the issue could be off the table for years to come. That will leave the dairy industry with no solid way of hiring guest workers, particularly in the face of immigration reform. That is simply not acceptable and is certain to do irreparable harm to the dairy industry. We, as an industry, must be ready for whatever happens in Washington and make sure there is something viable in place — the H2C visa — to give the dairy industry the resources and protection that it needs to sustain its workforce. Laurie Fischer is president of the American Dairy Coalition.

HEADLINE

Flexibility Empowers Schools to Serve Flavored, Low-Fat Milk

n December, Agriculture Secretary Sonny Perdue empowered local schools with additional options to serve healthy and appealing meals under the National School Lunch Program, School Breakfast Program and other federal child nutrition programs, while increasing local flexibility in implementing school nutrition standards for milk, whole grain and sodium. Perdue said the Child Nutrition Programs: Flexibilities for Milk, Whole Grain and Sodium Requirements will help develop forward-thinking strategies that ensure school nutrition standards are both healthful and practical. The rule provides the option to offer flavored, low-fat milk to children participating in school meal programs and to participants ages 6 and older in the Special Milk Program for Children and the Child and Adult Care Food Program. According to Perdue, schools have faced challenges serving meals that are both appetizing and nutritious. “If kids are not eating what is being served, they are not benefiting, and food is being wasted,” he said. “We all have the same goals in mind — the health and development of our young people. USDA trusts our local operators to serve healthy meals that meet local preferences and build bright futures with good nutrition.”

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NED Magazine | Fourth Quarter 2018 • 25

2018 LEGISLATIVE + LOBBYING REPORT

NAFTA 1.1

USMCA to Have Positive but Small Effect BY ANDREW M. NOVAKOVIC

ow different is the recently announce United States-Mexico-Canada Agreement from the North American Free Trade Agreement it seeks to replace? Some wags, using the modern designation borrowed from software updates, have christened it NAFTA 1.1 or the like, indicating that the new agreement is a small change from the quarter-century old NAFTA. Will the USMCA be a net benefit to the U.S. dairy sector? Yes, the effect is widely expected to be positive. How big a benefit will it be? Again, the consensus is that the effect will be relatively small. When does it start? That’s a good question. Every country has a different political and legal system when it comes to treaties or formal and binding agreements between countries. In the U.S., the president has the sole authority to negotiate a treaty, but Congress has the sole authority to ratify a treaty and make it part of U.S. law. It is for this reason that Congress often agrees to what is popularly called Fast Track Authority, which is basically a binding promise that Congress makes to approve a treaty on an all-or-nothing up-or-down vote. The idea is to let the president make the best deal he can and then agree not to quibble about the bits and pieces, thereby muddying the waters. Under U.S. legal guidelines, the next step in the process for approving the USMCA is a formal economic evaluation by the U.S. International Trade Commission and a Congressional vote by May. That’s the plan, but it is not a hard26 • Northeast Dairy Foods Association, Inc.

wired schedule. Although it is not anticipated that Democrats have a fundamental objection to the USMCA, there is also some speculation that the new, Democrat-controlled House may resist approving the president’s plan. Mexico and Canada have their own approval processes. Incoming Mexican President Andres Manuel Lopez Obrador took office on Dec. 1. He has signaled his support for the USMCA that his predecessor, President Peña Nieto, negotiated. Under the parliamentary system of Canada, Prime Minister Justin Trudeau represents the equivalent of both our executive and legislative branches of government. Thus, getting the support of the Canadian Parliament should be straightforward. However, there is strong opposition from the three supply-managed components of Canadian agriculture that gave up increased market access. This will complicate the Canadian approval, which could stretch deep into 2019. Another aspect of not quite being done yet, is that U.S. President Donald J. Trump chose not to relax the tariffs he imposed earlier on steel and aluminum. Thus, the new USMCA does not change either those tariffs or the retaliatory tariffs levied by Mexico and Canada. Mexico put stiff tariffs on 16 food products, including certain cheeses. Data from USDA’s Foreign Agriculture Service suggests that the Mexican tariffs make a difference. Cheese exports were sluggish in May and then spiked in June, as the retaliatory tariffs were announced. Following the imposition of the tariffs, cheese exports to Mexico were off from 2017 levels by 20 to 25 percent.

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PCQI - Watertown, NY January 7-9, 2019 When and how this aspect of our trade relations with Mexico and Canada will be discussed and possibly changed is unclear. There seems to have been some discussion of winding down the U.S. tariffs on steel and aluminum followed by the elimination of the retaliatory tariffs as part of the overall deal, but, in the end, there seems to have been no more than a promise to discuss them at a later date.

DAIRY SPECIFIC CHANGES

So, what did the U.S. dairy industry get out of the USMCA? With Mexico, there is no change relative to NAFTA, which essentially established free trade in dairy products. In the case of Canada, the primary U.S. complaint was the so-called Class 7 pricing on milk used to produce milk protein concentrates in particular and the Canadian system of supply management that shields its dairy industry from foreign competition in general. After much posturing about the general system, the U.S. finally limited the agreement to a combination of Canadian concessions related to the Class 7 issue. First, it agreed to eliminate Class 7 (and its Ontario counterpart known as Class 6). Second, it agreed to increase the U.S. tariff-free access to the Canadian market by an amount equal to 3.59 percent of its current milk equivalent volume. Third, Canada agreed to pay penalties for any exports it makes of nonfat dry milk, milk protein concentrates and infant formula to third countries beyond certain limits. (continued on next page)

Improving Audit Outcomes January 23, 2019 Dairy Science & Sanitation February 12-13, 2019 Artisan Food Safety Plan Coaching Plattsburgh, NY February 26-27, 2019 Introduction to Artisan Ice Cream and Frozen Desserts March 12-13, 2019 PCQI - East Aurora, NY April 2-4, 2019 To register for any of our workshops visit:

http://bit.ly/2019DairyExtCalendar Cornell University Dairy Foods Extension 411 Tower Road Ithaca, NY 14853 (607)255-3459

NED Magazine | Fourth Quarter 2018 â&#x20AC;˘ 27

2018 LEGISLATIVE + LOBBYING REPORT

After much bluster and bombast about the worst trade deal ever, the USMCA makes only very modest changes to NAFTA.

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Much is being made of getting rid of Canada’s Class 7 (Class 6 in Ontario). This is true, but the fact remains that Canada will continue to regulate the price of milk used to produce those products, just as we do with our Federal Order classified pricing system. The agreement obliges Canada to use our nonfat dry milk price (as per federal orders) in a formula like our Class IV formula but using Canadian values to make allowance and yield. In essence, Canada will have a price for milk used to make these dried milk products that is akin to the US Class IV price for skim milk. With similar yields but a higher make allowance, this means that its Class IV skim price will be lower than the U.S. value. For the better, lowest-cost Canadian powder plants, this could well be a price advantage. Regarding the market access component of the agreement, both the U.S. and Canada agreed to increased tariff-free access for the same milk equivalent volume of dairy products. Given the much smaller total size of the Canadian market, this is a much bigger concession on a percentage basis. However, there is another aspect. The Canadians agreed to market access in 10 pots of dairy products. The U.S. agreed to an equivalent tonnage, for any and all products, first-come, first-served. It will be easier

2018 LEGISLATIVE + LOBBYING REPORT for Canada to use our general market access than it will be for U.S. processors to put a little in one pot, a little in another pot and so on. Also, I suspect it will be challenging for a U.S. processor to make an ongoing, year-around business arrangement with a Canadian customer based on these bits of market access.

WHAT ELSE IS THERE?

After much bluster and bombast about the worst trade deal ever, the USMCA makes only very modest changes to NAFTA. The concessions that Canada made to us on dairy, pork and eggs, its supply managed sectors, were somewhat offset by concessions on our part to similarly protected U.S. sugar and peanut sectors. The changes that impact automobile assembly and production, which ultimately brought Canada to the table, are not trivial; however, they may have more of an effect on parts production in the U.S. and Canada and less of an effect on automobile assembly in Mexico than was at first assumed. There were various changes related to digital technologies, copyright protection and a few other miscellaneous items that were not covered in NAFTA in large part because they

were not issues in the 1990s. Interestingly, these parts of the USMCA were largely borrowed from the Trans Pacific Partnership treaty that Trump repudiated shortly after his inauguration. Indeed, the market access that Canada agreed to was also based on the TPP agreement. The U.S. dairy sector will likely see a slight increase in net exports to Canada under the USMCA and probably reduced price competition from Canada in other countries, notably Mexico, but the reduction in cheese exports to Mexico caused by our steel and aluminum tariffs leave the U.S. North American dairy trade relationships in the negative compared to our normal trade relationships with Canada and Mexico. Andrew M. Novakovic is The EV Baker Professor of Agricultural Economics at Cornell University. His primary focus is on the economics of dairy markets and policy.

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NED Magazine | Fourth Quarter 2018 • 29

Perry’s Ice Cream Celebrates 100 Years BY CAROLINE K. REFF

arkerhouse Cherry, Heavenly Hash, Butterscotch Sundae and Malt Shoppe are just some of the retro-flavors Perry’s Ice Cream brought back in 2018 to celebrate its 100th anniversary and show that a century after founder Morton Perry started making ice cream, the company has, and always will, put “enough of the good stuff” into its products and customer service. The Akron, New York-based company started in 1918 when Morton Perry bought a milk route to deliver fresh milk to his community by horse and wagon. In 1932, the local school district approached Morton to see if he would supply ice cream to the school. Morton began using his mother’s recipes to make ice cream, which was a hit with the students. His talent for innovation in creating delicious products with the highest quality ingredients combined with an appreciation of the importance of customer service was the start of a company that today produces more than 12 million gallons of ice cream and delights more than 500,000 customers annually. Under the guidance of the fourth generation of the Perry family, including Brian Perry, executive vice president and 30 • Northeast Dairy Foods Association, Inc.

chairman; Gayle Perry Denning, vice president of sustainability and strategic branding; and Robert Denning, president and CEO, the company remains in Akron today. Perry’s Ice Cream prides itself on continuing to make its products in small batches with the same recipes Morton originally used to ensure the quality is as mouthwatering today as it was a century ago. Milk is still sourced within a 100-mile radius of the processing plant in Akron, and the company continues to provide that all-so-important customer service with primarily direct store deliveries. Of course, Perry’s Ice Cream didn’t grow into a company that has surpassed $100 million in sales by just relying on its past. Through four generations, it has seen the wisdom in keeping the foundation it was built upon while also changing with the times. Today, more than 130 employees work three shifts on five concurrently running production lines to produce “enough of the good stuff” with ever-expanding offerings of not only traditional ice cream but sherbet and sorbet, frozen yogurt, ice cream sandwiches and novelty sticks, gluten-free and kosher products, and even recently popular plant-based frozen desserts. (continued on page 32)

Photos submitted by Perry's Ice Cream.

MemberProfile

Perry’s Ice Cream Through the Years

NED Magazine | Fourth Quarter 2018 • 31

MemberProfile

“Make sure you put in enough of the good stuff.” — H. Morton Perry

Do you sell products or services to companies that process, manufacture and distribute dairy products?

Let us help you make a splash. Boost your bottom line and brand awareness within the industry. Contact us today to learn about the opportunities. Hannah Gray, Relationship Manager hannahg@nedairymedia.com 315-445-2347 Ext. 115 32 • Northeast Dairy Foods Association, Inc.

“We look at it as we’re stewards of this business — taking what our great grandfather started from a one-horse wagon to a brand that’s known across the Northeast to our consumers and across the nation to our peers,” said Brian Perry. “My great-grandfather was always changing his business model to meet consumer demand while maintaining the same level of quality, and we continue his vision by keeping our viability and making sure our business is full and balanced.” Aside from introducing new products, the company has kept this vision by recently venturing into the Ohio market and intends to keep an eye on the horizon to even further expand the reach of its brand. While the 100-year anniversary brought back some fan favorites in its retro flavors, it has also added some new offerings. These include limited edition S’more Yardage, a toasted marshmallow ice cream with peanut butter sauce and peanut butter footballs, to mark the fall football season, and two new limited edition holiday flavors — Hot Cocoa, a hot chocolate ice cream with mini marshmallows, and Elf Trash, a white chocolate ice cream with red and green fudge candies, fudge-covered pretzels and peanuts, and praline peanuts. “Limited editions bring excitement to the shelf, and consumers are looking for relevant flavors to complement the season,” said Gayle Perry Denning, who noted that the company stays open to new ideas and requests from customers. “In fact, we are already working on plans to put ‘the good stuff’ into products slated for 2020.”

MemberProfile

GET THE SCOOP:

Interesting Ice Cream Facts Until 1800, ice cream was considered an exotic dessert enjoyed primarily by society’s elite. Immigrants on Ellis Island were served ice cream as part of their first meal in America.

In 1924, the average American enjoyed 8 pints of ice cream each year. By 1997, that figure jumped to 48 pints!

Novelty items, like ice cream on a stick, were introduced in the 1920s.

National Ice Cream Day is celebrated each year on the third Sunday in July. Mark your calendars!

1-in-5 ice cream lovers share the treat with a pet. Lucky dog!

Air is one of the most important ingredients in ice cream. Without it, your favorite flavor would be rock hard. (Source: Perry’s Ice Cream) NED Magazine | Fourth Quarter 2018 • 33

HEADLINE

DFA Makes Investment in Technology That Uses Real-Time Analytics to Improve Quality

ompanies around the globe are leveraging innovative technologies and artificial intelligence to make more informed decisions and better run their businesses. In October, Dairy Farmers of America announced an investment in SomaDetect, a dairy technology startup that will help farmers utilize AI to more closely monitor the health of their herds and improve milk quality. “This is a potentially game-changing technology for our farmers and the industry as it allows dairy farmers to know the health of each cow and quality of milk in real time,” said David

Darr, president, farm services at DFA. “With access to better data, our farmers can make more knowledgeable decisions, which is a huge value.” SomaDetect’s technology allows farmers to easily evaluate components of interest in raw milk, including fat, protein, somatic cells, progesterone and trace antibiotics. While the technology continues to be refined for commercialization,

the platform provides cost-effective, instant analysis, which enables farmers to make rapid and proactive decisions related to the overall health and management of their cows.

for Real Time Process Control

34 • Northeast Dairy Foods Association, Inc.

ConventionRecap

Speakers, Activities, Networking Make 2018 Convention a Success BY ALEX WALSH, DIRECTOR OF MEMBERSHIP & COMMUNICATION

he 31st annual combined Northeast Dairy Convention of the Northeast Dairy Foods Association and Pennsylvania Association of Milk Dealers kicked off on Sept. 24, 2018, in historic Gettysburg, Pennsylvania. The event was composed of three days packed full of speakers, exhibitors, networking, tours and a golf tournament. Monday night rang in the year’s convention with a welcome party cocktail hour and dinner at the Hotel Gettysburg. Some braved the cold and rain to go on a walking ghost tour through downtown Gettysburg, but no paranormal activity or sightings were reported. The business speaker sessions started Tuesday morning with the convention’s keynote speaker, Pennsylvania Secretary of Agriculture Russell Redding. Redding gave an encompassing overview of the current dairy industry climate in the Northeast and spoke about his department’s issues and successes. The secretary has more than 20 years of experience in state and national governmental roles related to agriculture and serves as the chair of the USDA Advisory Committee of Biotechnology and 21st Century Agriculture. Following Redding’s presentation, the president of Eagle Consulting Group, Chris Nicholas, presented on the political landscape. Nicholas, an award-winning Republican political and public affairs consultant, has managed numerous competitive congressional and state senate campaigns nationwide. Nicholas spoke at length regarding the midterm elections and gave his perspective on what may shape up for the 2020 presidential race. Later, attendees learned about food defense from the founder and CEO of Global Food Defense Institute, Rod Wheeler. Wheeler, a retired police officer from the District of Columbia, gave the audience a new perspective on securing facilities and protecting property and products. He told the crowd how he often will visit facilities, sign in at the front desk under an alias and find himself able to wander through the facility unaccompanied by an employee or security escort. When this happens, he will leave a playing card behind and

show a plant manager or security personnel that he was able to infiltrate the facility. His story clearly demonstrated how easily it can be done if someone wanted to harm products or conduct reconnaissance for a future attack. Wheeler works with plant management, staff and security to improve safety and help protect against fraudulent activities. He focuses on food defense, intentional adulteration, education, tampering investigations and intelligence. Wheeler is a regular consultant to national and international media outlets on topics such as international security, terrorism and crime. Tuesday’s business session wrapped up with Steve Valentine, an associate director for industrial hygiene and safety with Greystone/Partners Environmental Consulting, an association-endorsed service provider. Valentine provided the audience with an OSHA regulatory update, including reasons why a company would receive an OSHA inspection: programmed inspection, employee complaint, severe injury reporting, referral, targeted/ special emphasis program or as a follow-up inspection. Valentine also dove into the importance of recordkeeping, how OSHA uses the data that is reported and that companies need to be specific and accurate in their reports. The data that is collected can be used by a company to benchmark its statistics against the industry’s averages. Valentine has more than 25 years of experience in safety and environmental consulting, as well as a solid understanding of safety and health program implementations from the corporate level to local facility operations. After a morning of interesting sessions, convention-goers braved the cool and rainy weather to participate in the annual golf tournament, tours of the Gettysburg battlefields and a visit to the Gettysburg Museum to view artifacts, images and stories from the Civil War era and the battle that took place July 1 to 3, 1863. Guests returned for the evening’s cocktail party and banquet, which included an awards ceremony. The Northeast Dairy Foods Association recognized Don Marrigan, who served as president of the board of directors from 2014 through 2017, (continued on page 38) NED Magazine | Fourth Quarter 2018 • 35

ConventionRecap

36 â&#x20AC;¢ Northeast Dairy Foods Association, Inc.

ConventionRecap

NED Magazine | Fourth Quarter 2018 â&#x20AC;¢ 37

ConventionRecap

for his leadership, insight and experience during his tenure. The Pennsylvania Association of Milk Dealers recognized John Pierce for his service and dedication to its board. In addition, a moment of silence was held to remember a great partner and friend, Carl Herbein, CPA, of Herbein + Company, Inc., who passed away recently. The final day of the convention did not disappoint with an informative presentation on food fraud by Northeast Dairy Foods Association board member Kim Bukowski. She is an extension support specialist at Cornell University’s College of Agriculture and Life Sciences, Department of Food Services. Bukowski gave an in-depth overview of how food processors and manufacturers need to be cognizant of where they are purchasing and obtaining their ingredients and products, and to make sure that the supply chain is audited and a plan is put in place should fraud be detected. Food fraud has been on the rise as companies, especially outside the United States, are purposely altering, misrepresenting, mislabeling, substituting or tampering with food products. The convention concluded with a panel discussion of the dairy industry that included John Boyle, category manager, dairy, for Giant Foods; Jeff Raney, board vice chairman, Mideast Area of Dairy Farmers of America; and Ryan Elliot, operations manager with Byrne Dairy. Moderated by Alan Zepp from the Center for Dairy Excellence, panelists were asked about issues like product innovation, consumer preferences, how milk should be promoted, sales of raw milk, trade agreements and tariffs, the Federal Milk Market Order System, transportation issues and workforce challenges within the industry. Contact information for the speakers/panelists who appeared 38 • Northeast Dairy Foods Association, Inc.

Mark Your Calendars! THE 2019 NORTHEAST DAIRY CONVENTION

SEPTEMBER

11 — 13

2019 Held at the

Otesaga Resort and Hotel Cooperstown, New York More information and registration details will be available on the Northeast Dairy Foods Association website in the spring. at the convention can be found at www.nedariyfoods.org. The Northeast Dairy Foods Association, Northeast Dairy Suppliers Association and the Pennsylvania Association of Milk Dealers would like to thank all those who helped to make the 31st annual joint convention a success. We are also grateful to our Northeast Dairy Suppliers Association members, vendors and sponsors who supported the event this year.

Embracing Change a Theme of SUNY Morrisville’s Agricultural Summit

mbracing change was a common theme among presenters during the inaugural Agricultural Summit held at SUNY Morrisville. The November event, which drew innovators and leaders from throughout the agriculture industry, focused on future goals and needs in agricultural education, as well as workforce development with both an academic and industry focus. “Don’t just tolerate change or learn to live with it, but actually embrace change,” said Richard Ball, commissioner of the New York State Department of Agriculture and Markets, in remarks opening the summit. “It might be a new piece of equipment. It might be a new way of doing business. It might be a different customer. Think outside of the box. …Unless you change something, you will end up in the same place.” “It is important to have an open mind and to be able to solve problems in many different ways, not just how it has always been done,” said Taylor McNamara, a second-year student in Morrisville’s agricultural business program, who participated in a student success panel discussion. McNamara plans a future in educating young students about agriculture and advocating for sustainable and environmentally friendly practices.

HEADLINE

Keynote speaker Zaid Kurideh, owner of Norwich Meadows Farm, LLC, a certified organic farm in Norwich, New York, also shared Ball’s and McNamara’s sentiment. “Agriculture is not going to die. It is going to change, and you have to embrace it,” he said. “You have to know people with tremendous skills. We need trained people. Agriculture is going to need people with skills.” SUNY Morrisville is taking another step forward in training agricultural leaders, announcing pursuit of its first Master of Science in agribusiness during the summit. The online program, still in development, will prepare graduates to make agribusiness decisions that improve society by refining agricultural efficiency and increasing agricultural productivity throughout the food chain. Overall, the summit shed a bright light on the future of agriculture. “I think we are at the edge of a renaissance in agriculture in New York state,” Ball said addressing a room of more than 80 participants, including students, faculty and staff. “I think I am more excited today about your opportunities than I have ever been in agriculture. We are doing a better job in agriculture than we have ever done, and we need you to work hard to take this even further.”

NED Magazine | Fourth Quarter 2018 • 39

HumanResources

What Employers Must Know About Changes to New York’s Sexual Harassment Laws BY WHITNEY KUMMEROW AND EMILY MIDDLEBROOK

s most employers are now aware, New York state recently enacted legislation aimed at strengthening sexual harassment laws and preventing sexual harassment in the workplace. Under these new laws, every employer doing business in New York state, regardless of size, is now required to provide sexual harassment prevention training to all employees.

REQUIRING ANNUAL SEXUAL HARASSMENT TRAINING Under the changes to New York’s sexual harassment laws, all employers must offer sexual harassment training to all employees on an annual basis. Employers can use the calendar year or employee’s anniversary date to determine when to offer training. Additionally, employers must ensure their annual sexual harassment training either meets or exceeds the state’s model training program, which states that the training must be interactive and include: • An explanation of what constitutes sexual harassment • Examples of prohibited conduct that constitutes sexual harassment • Information concerning federal and state statutes involving sexual harassment and remedies available to victims of sexual harassment • Information related to supervisor responsibilities and how to address supervisor conduct • Information explaining an employee’s rights of redress and the available forums for resolving sexual harassment claims. 40 • Northeast Dairy Foods Association, Inc.

While for several months the state left employers puzzled over what would constitute “interactive” sexual harassment training, the New York State Division of Human Rights and the New York State Department of Labor have attempted to clarify what this means. Although the sexual harassment legislation fails to define “interactive,” the state has explained that training requires employee participation, which can be accomplished through the following: • Web-based instruction, which includes quizzes where the employee must select the correct answer • Web-based training where employees have an option to submit a question online and receive an answer either immediately or in a timely fashion • In-person training where the trainer asks employees questions throughout the program and provides employees time to ask questions • Either web-based or in-person training where employees must submit a feedback survey after completing the training The state has made clear that sexual harassment training that simply entails watching a video or reading a document about what constitutes sexual harassment will not be considered “interactive” and would fail to meet the state’s requirements. Although employers are encouraged to offer a training program that either equals or exceeds the state’s model sexual harassment training program as soon as possible, employers must offer training that meets the minimum standards by Oct. 9, 2019.

HumanResources Again, the requirement that every employee receives training annually applies to all employers. The training requirement applies to an employer even if it has only one employee. Importantly, this also extends to employees who work on a part-time, seasonal or temporary basis. Employers should keep some suggested practices in mind when offering sexual harassment training. For example, the state has advised that new employees should receive sexual harassment training as soon as possible, so it may be prudent for employers to implement sexual harassment training for new hires as part of an orientation program. Additionally, when employers conduct their annual sexual harassment training, they are encouraged to redistribute their sexual harassment policy and obtain signed acknowledgements from employees indicating they received and reviewed the policy.

ADOPTING A SEXUAL HARASSMENT POLICY Employers are reminded this new legislation mandates that employers must adopt a sexual harassment policy that either equals or exceeds the state’s model policy by Oct. 9, 2019. Similar to the state’s standards for sexual harassment training, an employer’s sexual harassment policy must be provided to every employee, in writing, on an annual basis. Employers may offer the sexual harassment policy electronically, as long as the employee has access to printing capabilities, so the he/ she can keep the policy for his/her own records. Employers must implement a sexual harassment policy that includes: • A statement prohibiting sexual harassment • Examples of prohibited conduct that constitutes sexual harassment • Information regarding federal and state statutes involving sexual harassment and remedies available to victims of sexual harassment, including a statement that there may be other applicable sexual harassment laws • A model sexual harassment complaint form • The process for both confidential and timely investigations of sexual harassment complaints • A statement explaining employee rights of redress and the available forums for resolving sexual harassment claims • A statement explaining that sexual harassment is a form of employee misconduct and that the employer will discipline those who engage in sexual harassment or fail to correct such misconduct • A statement that it is illegal to retaliate against an employee who reports sexual harassment or testifies in a proceeding Employers should remember to provide their sexual harassment policy and training in the primary language(s) spoken

Although these changes may seem overwhelming for some employers, the state has issued guidance materials to assist employers to ensure compliance with these new laws. by their employees. If the training materials and policy are unavailable in an employee’s primary language, the employer can provide materials in English if the employee is able to sign documentation indicating that he or she has the ability to read and understand the language. Although these changes may seem overwhelming for some employers, the state has issued guidance materials to assist employers to ensure compliance with these new laws. The New York State Department of Labor has issued finalized materials, available online, which include a model sexual harassment policy, a model complaint form, a PowerPoint sexual harassment training program that includes case studies, sexual harassment training videos, a sexual harassment training webinar, an employer toolkit and minimum standards for an employer’s sexual harassment policy and training program. Although the state has not implemented any penalty provisions for an employer’s failure to implement both a sexual harassment policy and sexual harassment training program, an employer’s unwillingness to do so could fail to give an employer a stronger defense in the event an employee ensues litigation against the employer. To learn more about the recent changes to New York’s sexual harassment laws and offering sexual harassment training to employees that comply with New York state’s sexual harassment prevention training standards, please contact labor and employment law attorneys Whitney Kummerow at wkummerow@hancocklaw.com and Emily Middlebrook at emiddlebrook@hancocklaw.com. This communication is for informational purposes and is not intended as legal advice. Whitney Kummerow is a partner and Emily Middlebrook is an associate at Hancock Estabrook, LLP, Counselors at Law, Syracuse, New York. NED Magazine | Fourth Quarter 2018 • 41

HumanResources

Why Employees are Distracted BY CURT STEINHORST

any business leaders talk about the difficulties of improving the productivity of workers in today’s “distracted” workplace. They cite how a constant online and technology connectivity for most workers intrudes on their ability to complete tasks and finish projects. That’s an issue I fully understand from two distinct angles: the viewpoint of someone who has been greatly affected by my own tendency to get distracted and as that of a business leader who has worked hard to overcome it. My initial “focus” on distraction started as an entirely personal battle. While I was diagnosed with Attention Deficit Disorder as a child, I never experienced serious consequences from it until I started my first business. I was doing what I loved most in the world: helping people discover, craft and share their messages — but I was also floundering. At the end of a work day, I’d realize that I had begun 16 emails and four projects and spent

42 • Northeast Dairy Foods Association, Inc.

hours replying to personal messages on Google chat and text — but hadn’t finished the tasks that would actually create a successful business. For someone whose entire life’s work, academic study and passion were all centering on communication, I was being derailed because of… communication. I knew I had to get a grip on things, so I dove head first into the research on attention and distraction. A decade and thousands of hours of research later, I’m now heading up a flourishing business by speaking to others about dealing with the issues of attention and distraction in the workplace. It’s clear that today’s business leaders are overwhelmed by and ill-equipped to deal with the consequences of a workplace with few barriers to an endless influx of information and communication. That condition impacts employees and managers alike with email glut, an inability to prioritize, an increase in conflict, constant feelings of being overwhelmed and the “never fully off, never fully on” approach to work.

In reality, the principles and strategies most leaders use today simply don’t account for the kinds of world-altering shifts that have resulted from society’s now constantly connected workplaces. For instance, were you aware of the following statistics? • The peak hours for Facebook are 1 p.m. to 3 p.m. during the work day. • 60 percent of purchases online are made during work hours. • 87 percent of people admit to reading and being involved in political discussions on a weekly basis during work. • Workers lose anywhere from one to three hours on average every day due to personal distractions. (In some industries, the loss is as much as six hours per day.) The effects of distraction are carried home and within our bodies, other research shows. • We spend 60 percent more time connected to digital media than we do in conversation with our significant others.

HumanResources • A study on workplace stresses found that the more pressure we feel to be available, the more likely we are to take a sick day. Over the past 10 years, I’ve experimented constantly with new approaches to managing and focusing my own attention and thousands of hours researching and interviewing CEOs, managers and employees about the issue. I recruited a team of experts to work with me, and together we discovered a simple but profound truth: we have lost the ability to control where we place our attention.

MANAGE THE FOCUS FACTORS We simply don’t have much direct control over what we pay attention to at any given moment these days. It’s not something that we can efficiently or easily control throughout the day. But what we can do is manage the factors that influence our focus, setting up our day and the way that we wish to work. These are the four “focus factors” we can address: Energy: Rather than structuring your day by what feels most urgent all the time, set up your day to work on the hardest things first, then go to easier tasks later. Organize your to-do list by priority and spend the earliest part of the day on the hardest and most imperative tasks. Environment: The open office is wonderful for social work, but it’s really hard for actual focus. Set up physical barriers — or virtual ones — so nonessential activities don’t grab your attention. Emotions: Be aware of the role emotions play in what we pay attention to. For leaders, if you want to extend employees’ focus and productivity, you must frequently find creative ways to remind them why and how their work makes an impact. The days of “a paycheck is all the motivation they should need” have long since passed. Help them connect their mundane tasks to meaningful outcomes.

Experiences and Habits: Examine whether your workspace is set up for working or if there are built-in distractions. Set up intentional spaces dedicated uniquely to work. This will help you — and your employees — to genuinely focus. As a business leader, what is required of you has changed. One major aspect of that is that the most valuable resource for you and your team is attention. How you manage your employees — as well as your own work — ultimately will dictate whether you’re being focused and intentional with your attention resources — or whether you’re using them in a way that is wasteful and inefficient. The challenge for us all is to become wise in the way we allocate our focus, placing the right amount of attention at the right moment and in the right context.

The good news is that everyone can learn to harness their own attention, improve their organization’s productivity, and for those in business, rise above the noise of today’s constantly connected world to recapture distracted customers, too. Curt Steinhorst, founder of Focuswise, has worked with many top performers, executives, TV personalities, sports stars and TED talk presenters. His speeches on the topics of generations and Millennials are on behalf of the Center for Generational Kinetics. He can be reached at 214-820-2276 and info@cursteinhorst. com. This article was used with permission from Focuswise.

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NED Magazine | Fourth Quarter 2018 • 43

OSHA UPDATES Understanding Respiratory Protection, How to Noise Calculate, Exposure Report Are Critical Injury/Illness OSHA Standards Data BY STEPHEN ASHLEY MOLL VALENTINE, CIH

t this point, most employers should be aware of the Occupational Safety and Health Administration requirement for the annual online submittal of company injury/illness data. Although employees are still required to manually post their OSHA 300A (Summary of Work-Related Injuries and Illnesses) form in their workplace from Feb. 1 to April 30, most employers are now required to also submit their OSHA 300A information to OSHA online annually. This requirement began in 2017, and most dairy processing plants should have submitted their 2016 OSHA 300A information by Dec. 1, 2017, and their 2017 OSHA 300A information by July 1, 2018. Starting in 2019, employers will be required to submit their OSHA 300A on March 2 of every year for the previous year’s record. Most employers in general industry with 20 or more employees should be submitting their OSHA injury/illness data electronically. I am sure many employers are curious about how OSHA will use this submitted injury/illness information. As in the past, it will be used to determine industry average incident rates (total recordable incident rates and Days Away, Restricted and Transferred rates), which will likely be generated more quickly and more precisely than in previous years. In its November “QuickTakes” e-newsletter, OSHA noted that it will “launch a program to target high injury and illness rates” with a focus on specific industries and companies with high incident rates. OSHA also mentioned that it will target companies that did not electronically submit their OSHA 300A data as required. With the electronic submittal of OSHA 300A information, 44 • Northeast Dairy Foods Association, Inc.

it is now more important than ever to understand how to complete your OSHA 300 and 300A forms. Over-reporting OSHA recordables may place you on a target list for inspection, while under-reporting may result in an OSHA citation for improper completion of the forms. The person responsible for managing your OSHA logs should be familiar with the OSHA standard (29 CFR 1904) and/or take an online or classroom OSHA recordkeeping training class. If you have not already started to use your company’s OSHA injury/illness information to evaluate where your company stands, you may want to start doing so. You can determine your Total Recordable Incident Rate by multiplying your total number of recordables for 2017 by 200,000 and then dividing by the total number of hours worked in 2017. And, you can do the same with your DART cases to get your DART rate. These rates are based on 100 employees, so a recordable rate of 4.2 means that 4.2 of 100 employees were recordable in that year. You can then go to OSHA’s website, www.osha. gov, (BLS – Injuries, Illnesses and Fatalities) to determine the industry average (by NAICS code) and compare your rate to the average for your industry. Stephen Valentine, CIH, is the director of environmental health and safety with Partners Environmental Consulting (formerly Greystone) in Syracuse, New York. He is a consultant to Northeast Dairy Foods Association, Inc., members and can be contacted at svalentine@ partnersenv.com or 315-263-3183.

NMPF Supports FDA’s 60-Day Extension on Milk Labeling Rules

he National Milk Producers Federation thanked the U.S. Food and Drug Administration for its announcement that it will extend by 60 days, until Jan. 25, 2019, the public comment period during which the agency is seeking information on the proper names for plant-based beverages. The original deadline was Nov. 27, 2018. “It is crucial that all interested parties have adequate time to more fully address FDA’s extensive list of questions about the labeling issue, and why it matters from a nutrition and public health standpoint,” said Jim Mulhern, president and CEO of the NMPF, which has long urged the FDA to enforce existing rules on what should and shouldn’t properly be called “milk.” “This extension will allow the dairy community, as well as health professionals, to fully explain why consumers deserve accurate and honest information about their food options.” A survey conducted by the research firm IPSOS,

HEADLINE

commissioned by Dairy Management, Inc., found that misperceptions were common regarding the nutritional value of true milk versus imitators that are industrially produced by mixing water with small amounts of a plant-based product — along with various whiteners, stabilizers, emulsifiers and other chemical ingredients. For example: • 73 percent of consumers believed that almond-based drinks had as much or more protein per serving than milk, even though milk has eight times as much protein. • 53 percent said they believed that plant-based food manufacturers labeled their products “milk” because their nutritional value is similar, which is incorrect. Even research funded by plant-drink processors shows confusion. According to a study from the International Food Information Council Foundation, one-quarter of consumers of coconut, soy and almond beverages either thought that or weren’t sure whether those drinks contained milk.

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NED Magazine | Fourth Quarter 2018 • 45

FoodSafety

Reporting and Tracking Near Misses Key to Safer Workplace BY STEPHEN MESSINA

t happens every day, and you don’t think twice about it. This morning, as you walked out of the house, your foot caught the corner of the rug, but you did not trip. On the drive to work, you stopped quickly when a vehicle cut you off. When you got home, your toddler almost fell off of his highchair, but you caught him. Each one of those is a near miss, and, because no one was hurt, you probably just made a mental note to be more cautious. You’ll make sure the carpet is laid flat tomorrow. You’ll drive more defensively tomorrow, and you’ll make sure your little one is strapped into his or her highchair tomorrow. Near misses happen on the job every day. You can forget about them, or you can use them as valuable data. When the same near misses happen repeatedly, it is a good bet that someone will eventually get hurt. By being aware, tracking and then studying near misses, you should be able to head off serious injuries or property damage.

NEAR MISSES SHINE AN IMPORTANT LIGHT Near misses, by their nature, are subjective. What you notice as a close call might have gone unnoticed by somebody else. OSHA describes near misses as “unplanned situations in which 46 • Northeast Dairy Foods Association, Inc.

nobody was hurt and nothing was damaged, but a slight change in timing or location could have easily led to an injury or serious damage.” Near misses shine a light on the areas of your operations that aren’t quite as safe as they could be. This rings especially true if employees performing similar work continue to encounter the same near misses. Then, it’s probably time to re-evaluate how to perform parts of their jobs.

analysis. Just as important, they need to create an environment that encourages reporting near misses, or employees will continue to ignore them. Managers and supervisors should make it clear that workers are encouraged to share information. They should take the time to explain the reasons to report near misses, so employees understand that the value in this information is a way to identify and solve issues before someone is hurt.

REPORT NEAR MISSES

It’s also critical that a near miss reporting program does not penalize the reporting employee for their honesty. By reporting the near miss, other workers will be protected. A near miss reporting program should be simple. In the best case scenario, employees will have several ways to submit reports, including anonymous methods. The goal of the program is not to single out unsafe employees but to mitigate future injuries. When starting a program, it is imperative to educate employees as to what a near miss is. Some employees may define a near miss differently than others. The more reports a company has, the more effective the program can be.

Companies that want to monitor and track near misses need to develop a program for reporting, recording and

KEEP IT SIMPLE

TRACK AND ANALYZE So that the most value can be

FoodSafety squeezed out of a near miss reporting program, companies need to develop a tracking system. This can be as simple as an Excel file tracking submissions by category or be developed further into a higher level of complexity. The tracking system results should be distributed regularly to a rotating committee of employees from all levels of the company. When patterns are identified, the group should then analyze the causes. If several close calls involve forklifts and pedestrians, for example, the logical next step is to review the group’s safety practices for forklift operators. It may be that workers simply need a refresher session in forklift safety, or new processes/procedures need to be put into place. As the group reviews the near misses, it will be able to collaborate on solutions that can prevent a near miss from becoming a claim. This practice may identify outdated policies, equipment that no longer meets safety standards and/or standard operating practices that need updating. It could also indicate a lack of safety culture in the workplace. Once the causes are determined, the committee can offer recommendations to create a safer, more aware environment for everyone. A near-miss program should become part of the company’s safety program. Over time, the number of reported near misses should decrease. This will indicate that the company is addressing the underlying issues that led to the near miss, workers are becoming more conscious of near misses, and your company is well on its way to creating a stronger safety culture in the organization. Stephen Messina is an account executive with Brown & Brown Empire State.

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t Agri-Mark, we are continually investing in the Northeast Dairy industry because this is our home. We have finished the $21 million investment in a new dryer at our butter/powder/condensing plant in West Springfield, Mass., shown above, for the 950 dairy farm families that own the co-operative. This project boosts the plant’s capacity by roughly 33% and will allow us to better serve our customers. Please contact us at 978-552-5500 for more information on how we can serve you! NED Magazine | Fourth Quarter 2018 • 47

FoodSafety

A2 Advertising Claims Referred to FTC for Further Review (Editor’s Note: In our Spring 2018 edition of Northeast Dairy magazine, we explored the introduction of a2 milk in U.S. markets. Here is an update to that information provided by the National Milk Producers Federation.)

he National Advertising Division has referred advertising claims made by The a2 Milk Company for its a2 milk product to the Federal Trade Commission for further review, after the advertiser declined to participate in a review of its advertising claims. The NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureau. The claims at issue were initially challenged by the National Milk Producers Federation. The challenger maintained that a2 (Milk Company) falsely promises consumers that its product is “easier on digestion” as compared to conventional milk, and that consumers can “avoid digestive discomfort” and will “feel the difference.” The challenger also stated that a2 Milk Company falsely claims that conventional milk is likely to induce “painful bloating, wind, cramps, [gut] inflammation” and other uncomfortable symptoms. According to the NMPF, the research underlying a2 Milk Company’s claims contains errors in study design, methodology and population selection and is unreliable and clinically insignificant. The challenger argued that a2 Milk Company’s health claims and the scientific theory underlying its claims are unsupported and that the insufficiency of a2 Milk Company’s evidence has been acknowledged by governmental regulators, including the European Food Safety Authority, Food Standards Australia New Zealand and the New Zealand Food Standards Authority. The advertiser declined to participate in the NAD proceeding and asked the association to administratively close the matter. The advertiser noted that the California Department of Food and Agriculture, Milk and Dairy Food Safety Branch, reviewed the advertiser’s substantiation for core claims critiqued in the NMPF’s complaint and found that the claims appearing on the 48 • Northeast Dairy Foods Association, Inc.

a2 milk label complied with Title 21 of the Code of Federal Regulations and the California Food and Agriculture Code. The a2 Milk Company further asserted that the claim “Love milk again” is puffery. Further, the advertiser maintained that the NMPF’s challenge selectively presents incomplete and outdated research and observations made without the benefit of recent research, including irrelevant references to foreign regulatory review of prior unrelated claims. The NAD acknowledged the advertiser’s position but noted that in light of the advertiser’s decision against participating in the self-regulatory forum, the matter has been referred to the FTC. According to the NAD’s Council of Better Business Bureau, a recommendation to modify or discontinue a claim is not a finding of wrongdoings and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of the NAD not to endorse any company, product or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsement.

Jersey Cow: A2

FoodSafety

Marketing and Promotion Key to Telling the Dairy Story BY DAVE DAMRATH

oday, dairy processors and manufacturers face a never-ending array of competitive and consumer pressures in the retail and food service ecosystems: the explosive growth of alternative beverages and foods, evolving consumer preferences and expectations and the role of e-commerce and its impact on the path-to-purchase. The good news — and there is good news — is dairy has a great story to tell. We just need to tell it. Yes, that means marketing and promotion.

WHY PROMOTE DAIRY? First, we have proof it works. Dairy is one of the highest repeat purchase categories. What the consumer packaged goods companies know and execute with excellence is driving trial. Trial in new items and innovation segments. You accomplish this with marketing and promotion. Just ask fairlife. In 2014, fairlife invested in product and packaging innovation but didn’t stop there, hoping consumers would wander by the dairy case and take notice. The company partnered innovation with a robust, omni-channel marketing plan. The result? Category sales of almost half a billion dollars in four years. And our retail and food service partners love “milk math” when it looks like the equivalent of $10 per gallon and high margin. Who says you must win a “race to the bottom” on gallon price to get foot traffic?

Dairy is a powerhouse category. Let us not let our partners forget. Ninety-five percent of U.S. households have milk at home. Here is some “milk math” to share with your partners: if we increase consumption just one additional serving per week in current households, that’s almost 2 percent per year in annual growth. That’s just milk. Do you like cheese? Who doesn’t? With the explosion of varieties, forms and culinary trends to meet every consumers’ tastes and preferences, cheese is at record levels of consumption across retail and food service. Yogurt has had a slowdown in dollar sales over the last two years due to heavy promotional activity but continues to innovate and find new ways into shopping carts with whole milk varieties and more. Do you like profit? The dairy aisle typically represents just 2 percent of store space but 30 percent of store profit. Dairy shoppers make four times as many annual trips and spend three times as much in totality. That’s power. Lastly, we are on trend, lots of trends! Farm-to-table, hyper-local, fresh, traceability, minimal processing, simple nutrition — yet consumers may miss our messages if we aren’t proactive. Our competition cannot compete with these messages, but they have bigger budgets and louder voices (Remember the Silk commercial during the Super Bowl?). Remind your retail and food service partners that the original farm-to-table food — fluid milk — is experiencing growth in over half of NED Magazine | Fourth Quarter 2018 • 49

NETWORK AND STAY IN TOUCH WITH THE ASSOCIATION!

AssociationNews its segments (whole, lactose free, value-added and flavored). This growth represents over $1 billion in sales in four years, three times the growth of all plant-based beverages combined. Pre- and probiotic innovation in yogurt drinks and more dairy categories continue to bring shoppers back for great taste and health benefits they cannot find anywhere else.

DEVELOP A CATEGORY PROMOTION STRATEGY

The Membership Directory is a HUGE member beneﬁt! It allows members to quickly reference key contacts for all member companies. Need to check and make edits to your listing? Tell us! hannahg@nedairymedia.com

COMING SOON...

THE FIRST EVER

NORTHEAST DAIRY ASSOCIATION BUYERS GUIDE In Spring 2019, NE Dairy Media will publish the membership's first premier Buyers Guide to showcase manufacturers and vendors by category. This will benefit the Dairy Foods Association by breaking it down into industry-specific classifications to help with purchasing decisions.

MORE INFORMATION TO COME, STAY TUNED!

First, have a strategy and have a plan. It really is that simple. Retailers and food service professionals have been asking the dairy industry directly, or indirectly through their actions, to take back control of our industry. Creating an insights-based, omni-channel shopper marketing and promotion plan covering a full year, taking that plan to your partners, updating as needed and leading efforts to tell the dairy story to customers is the best path to re-assert control. Research tells us the most developed dairy and food service accounts engage in four to six milk events per year. The frequency increases for cheese and yogurt. We know the CPG companies lead many of the efforts in cheese and yogurt, but there is plenty of space and willingness to partner and add fluid milk to a category promotion strategy. Innovate, Innovate, Innovate! fairlife set a new standard for dairy in both product and packaging innovation. Think beyond just fluid milk to the innovation we’re experiencing across the dairy aisle in yogurt, cottage cheese, spreads, dips and more. Innovate your packaging. New technology, shapes and imagery create a point of interruption at the shelf and online that holds consumer interest and gives us that moment of permission to tell our story. Look for opportunities in the growing segments above or create a new one. We assume in retail and food service that consumers will wander by or be menu driven to us. This does not apply in the e-commerce space. Increase your e-commerce acumen in all areas. Engage your retailer and food service partners to market and promote dairy with a strategy and executional elements that you provide. Four to 5 percent of all groceries are sold through these new channels, but less than 2 percent of milk is. The e-commerce basket with dairy is 22 percent bigger than a basket without it. It’s time to act. Most importantly — use your resources. Checkoff state and regionals, MilkPEP, Dairy Management, Inc., and more all have assets available for your use and are standing by to assist. These organizations have brought experienced industry professionals and thought leaders from many disciplines into their staffs to help us. The time is now. Dave Damrath is the chief operating officer for the American Dairy Association North East.

50 • Northeast Dairy Foods Association, Inc.

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Member News and Announcements

n September, Chobani Tennis Classic and the Juniors Tennis Classic helped raise $24,000 in support of Pathfinder Village scholarships, a milestone for the fundraiser, which supports individuals living with intellectual disabilities through successful educational, residential, pre-vocational and outreach programs. Among other supporters of the event was the Dairy Farmers of America. Chr. Hansen is further expanding its enzyme production and presence into the traditional segments of specialty cheeses, with the newly announced acquisition of the assets of Austrian-based ingredient supplier Österreichische Laberzeugung Hundsbichler GmbH. The acquisition confirms the company’s commitment to the traditional segment of animal-derived coagulants for its customers in the cheese industry. The market for traditional and specialty cheese continues to develop, and the acquisition of Hundsbichler ensures that Chr. Hansen’s food cultures and enzymes business is well positioned to reap future growth opportunities. “We see solid demand for animal rennet going forward, as the demand for traditional cheeses is high and will continue to be,” said Senior Commercial Development Manager Michael Fooken Jensen. “As always, the market is demanding products of high quality, and merging Hundsbichler into Chr. Hansen will allow us a superior quality.” In October, Upstate New York played host to 20 health professionals and food bloggers from the American Dairy Association Northeast Region for the Undeniably Dairy 52 • Northeast Dairy Foods Association, Inc.

Bloggers Tour. The group received a first-hand look at some of the locations where dairy products are produced in the region, including milk producer Ivy Lakes Dairy in Stanley, New York; cheesemaking manufacturer Shtayburne Farm in Rock Stream, New York; and another cheesemaker, Muranda Cheese, in Waterloo, New York. The tour ended with a delicious Undeniably Dairy cooking competition, which was enjoyed by attendees. The recipes from the competition will be featured in a digital cookbook found at AmericanDairy.com. At the 2018 National Dair y Producers Federation Championship Cheese Contest in Arizona, The Dairy Farmers of America, a national cooperative owned by dairy farm families across the country and a member of the Northeast Dairy Association, received a 2018 Class Champion award for Best Italian cheese in the part-skim mozzarella, provolone and hard and mold-ripened categories. It also received second place for its whole milk mozzarella and third for provolone. Cooperatives across the U.S. participated in this yearly contest to showcase top products, as well as those who produce them. The 2018 competition drew 230 entries from 15 cooperatives. Evergreen Packaging Equipment has named Gary Nissen as its new general manager. In his role, he will have full P&L responsibility for the company, which is based in Cedar Rapids, Iowa, as well as the equipment business based out of Shanghai, China. For the past 19 years, Nissen has spent time in engineering and technical service with the company.

Member News Most recently, he served as director of technical field service and successfully led Evergreen Packaging Equipment’s service organization for 10 years and the Shanghai business for three years. Nissen brings a wealth of knowledge and experience to his new responsibilities. In November, the New York State Dairy Exhibits, Inc., board of directors announced grants that will be given to 12 groups and organizations totaling $44,000. Dairy Exhibits, Inc., is an all-dairy industry volunteer group that partnered with the New York State Fair in Syracuse, New York, for over 65 years supporting activities, concessions and exhibits in the Dairy Products Building. In 2016, the group severed its relationship with the state and the New York State Fair due to disagreements in their working relationship, which did not allow them to increase the price for a cup of milk to cover operating costs. Schneider Packaging Equipment Co, Inc., announced in October that Mike Brewster has been promoted to vice president of sales. Brewster joined the company in 2016 as director of sales and marketing, where he was responsible for leading and managing sales and marketing activities while ensuring strategic sales growth aligned with organizational goals. In his new role, he will ensure Schneider’s continued focus on sales strategies supported by strong operational efficiencies to maintain the sales growth momentum. In November, Gary Dake, president of Stewart’s Shops, was named executive of the year by business leaders around the Albany, New York, region at the Achievers Dinner in Schenectady, New York. Dake was honored for bettering the Capital Region through his leadership of Stewart’s Shops, one of the largest private sector employers in the area. Dake has seen the company grow from 144 shops and 1,300 employees in 1985 to 336 shops and 4,500 employees today. SUNY Morrisville held its 36th Annual Autumn Review Sale, called the “Magic of Morrisville,” in October at the Arnold Fisher Dairy Complex. The sale was run by the SUNY Morrisville Dairy Club and featured 118 lots up for consignment, including five embryo lots. The event also featured a silent auction, which included cow-themed items, feed, services and products. The SUNY Morrisville Dairy Club is designed to enhance student knowledge of the dairy industry. Proceeds from the sale support dairy club trips, the dairy judging team, academic programs, field trips and various other activities and events.

In Memoriam

JOHN D. RUTHERFORD, JR. The Nor theast Dair y Foods Association mourns the passing of John D. Rutherford, Jr., 52, who passed away in November. A dairy economist for the Dairy Farmers of America, Northeast Council, Rutherford was a member of the Northeast Dairy Foods Association, Inc., board of directors for two years. He is survived by his wife, Jeannine, and children, Alexis Majewski, Matthew Majewski and Mariana Rutherford. “We are saddened by the passing of John, and our deepest condolences go out to his family,” said Bruce Krupke, executive vice president of the Northeast Dairy Foods Association. “He was highly respected in his f ield, and our members were fortunate to benefit from his expertise, knowledge and experience during his tenure as a board member.” Northeast Dairy Foods Association will make a donation to Hospice Buffalo in memory of John.

SHARE YOUR NEWS If you’ve hired new people, moved your facility, acquired a company, added a product line, have new offerings or anything else newsworthy is happening at your business, please let us know. To submit your industry news, contact editor@nedairymedia.com. NED Magazine | Fourth Quarter 2018 • 53

NORTHEAST DAIRY SUPPLIERS ASSOCIATION, INC.

Beneﬁts of Association Membership EXECUTIVE DIRECTOR AND INDUSTRY CONSULTANT SUPPORT

NDFA

Legislative Representation Through Executive Lobbying and Networking Safety and Environmental Information Economic Analysis and Forecasting Continuing Education and Certification Opportunities Industry Spokesperson Emergency Preparedness

PROFESSIONAL COST-SAVING PROGRAMS Dedicated Industry-Specialized Insurance Programs Employe Benefits, Including 401(k) Retirement Program Energy Supply and Consulting Services

NETWORKING AND MEETING EVENTS Annual Northeast Dairy Convention Contact Booth at the Annual Convention Annual Dairy Industry Clambake Hospitality and Sponsorship Opportunities Industry Plant Tours Annual Charity Golf Outing Fundraiser

COMMUNICATIONS AND PUBLIC RELATIONS Quarterly copy of Northeast Dairy Magazine Direct Customer Advertising Opportunities Industry Scholarship Program Membership Directory with Key Contacts in the Dairy Industry Digital Buyers Guide (launching in 2019)

ADVOCACY An association represents your interests before your government leaders, industry and business community. If your business/industry faces major threats or needs support, our association is right there on the front line fighting for you. 54 • Northeast Dairy Foods Association, Inc.

NETWORKING Association events, meetings and member directories make networking a reality for you and your peers. This is the one advantage many view as the most important reason to join!

NDSA

Member News

NEW MEMBERS

he following new members recently joined the Northeast Dairy Suppliers Association, Inc., For more information about the benefits and services available to members in both the Northeast Dairy Suppliers Association and the Northeast Dairy Foods Association, contact Alex Walsh, director of membership and communications, at 315-452MILK (6455) or aw@nedairyfoods.org.

CDM SMITH 11 British American Blvd. Suite 200 Latham, NY 12110 (518) 782-4500 www.cdmsmith.com Paul Greene, senior technical advisor greenep@cdmsmith.com

EAGLES BAY REFRIGERATION, INC. 201 East Jefferson St. Syracuse, NY 13212 (315) 320-6385 www.eaglebayrefrigeration.com Michael Collins, president michael.collins@eaglebayrefrigeration.com

CDM Smith provides design build wastewater

Eagle Bay Refrigeration offers refrigeration

treatment services for processors and supplies

equipment built for the specific needs of

dairy manure digester biogas solutions for

the dairy industry, collaborating with your

farmers.

contractors, equipment suppliers, engineering and maintenance staff to provide the best

DELAVAL 11100 North Congress Ave. Kansas City, MO 64153 (816) 891-1645 www.delaval.com Greg Economou, regional sales manager greg.economou@delaval.com DeLaval is a world-class leader in solutions and technologies for cleaning, sanitizing and disinfecting applications for all dairy, food and beverage processing industries. We cultivate innovative ideas to solve new problems facing plant sanitation and offer

the great products in Britain, China and India. A knowledge of ice cream formulation is the main strength we use to help our customers. Many of their innovation projects are cost free.

H.S. CROCKER CO., INC. Corporate Headquarters 12100 Smith Dr. Huntley, IL 60142 (847) 669-3600 www.hscrocker.com Ron Giordano, CEO rgiordano@hscrocker.com

system for your application. We follow

H.S. Crocker is dedicated to offering the highest

through to ensure reliable operation long

quality printing and die cutting in the food and

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FOOD SPECIALTIES COMPANIES

lidding for single serve portion packs, H.S.

Head Office 2650 Meadowvale Blvd. #10 Mississauga, ON Canada L5N 6M5 905-567-7573 www.foodspecialties.ca Russell Morley, CEO russell@foodspecialties.ca

Crocker has been a leader in the industry,

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ice cream in Canada for more than 50 years. Today, we are producing some of

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HENKEL CORP. 229 So. Alfred Ave. Elgin, IL 60123 (847) 209-9853 www.henkel.com Paul Fannin, key account manager Paul.fannin@henkel.com NED Magazine | Fourth Quarter 2018 • 55

Member News Henkel operates globally with a well-balanced and diversified portfolio. The company holds leading positions with its three business units in both industrial and consumer businesses thanks to strong brands, innovation and technologies. Henkel Adhesive Technologies is the global leader in the adhesives market — across all industry segments worldwide.

HSMS LLC 346 Emery Rd. Fulton, NY 13069 315-529-2126 www.hsmssolutions.com Alan Avrich, safety & health risk management consultant aavrich@hsmssolutions.com

KROHNE, INC. 55 Cherry Hill Dr. Beverly, MA 01915 800-356-9464 or 978-535-6060 F: 978-535-1720 www.us.krohne.com Leah Norman, marketing coordinator, North America l.norman@krohne.com

Potter Associates, Inc., offers a complete

KROHNE handles a full process

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products. We service all types of flat plate

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construction and agricultural clients. Services include program development, training, industrial hygiene testing and regulatory compliance. Alan Avrich is NYSDOL certified to conduct Code Rule 59 and all Code Rule 60 worker’s compensation premium discount incentive programs.

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Class VI, O-Rings, clamp gaskets and seals.

many other features.

HSMS LLC provides safety and health risk management consulting services to industrial,

POTTER ASSOCIATES, INC.

NORTH AMERICAN MILLWRIGHT 4480 North Point Blvd. Baltimore, MD 21219 410-388-9870 F: 410-388-9871 www.namillwright.com Jim Russell, CFO/COO jrussell@namillwright.com

POWER IN LEARNING P.O. Box 5424 Crestline, CA 92325 909-567-9981 F: 909-563-8701 www.powerinlearning.com Rudy Westervelt, president rudy@powerinlearning.com Power In Learning offers support in resource

North American Millwright has earned

management, project management, loss

J. HORROCKS DESIGN, LLC

R-Stamp Welding certification to perform

reduction, continuous improvement training

1732 Hopewell Rd. Elverson, PA 19520 610-800-1964 www.JHDesign.com Justin Horrocks, food production division Justin@JHDesign.com

repairs and alterations to ASME code stamped

and support, data-mining for actionable

boilers, pressure valve vessels, heat exchanges

information, quality assurance and employee

or piping systems. We have on-staff qualified

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effectiveness and efficiency, while delivering

J. Horrocks Design is a family-owned company specializing in custom blends, mixes and ingredients. We supply mixes for flavored milks, ingredients for ice cream and a wide variety of other items. We work

results to improve your bottom line.

PACKERS CHEMICAL 3729 Peddle Hollow Rd. Kieler, WI 53812 www.packerschemical.com Rick Rector, national accounts rrector@packerschemical.com

with all levels in the industry, including retail

Packers Chemicals is an employee-owned

stores, bulk manufacturers, food services

manufacturer of specialty chemicals, sanitizers,

and everything in between.

microbial interventions and lubricants for the dairy, food and pharmaceutical markets. We

56 • Northeast Dairy Foods Association, Inc.

POWER MANAGEMENT CO. 1600 Moseley Rd., Suite 100 Victor, NY 14564 585-249-1360 F: 585-249-1361 www.powermgt.com Eric Michaloski, executive sales director emichaloski@powermgt.com

provide a service model that gets back to the

Power Management is an independent energy

important basics of the sanitation process.

management company headquartered in

Member News New York and currently serving 24,000-plus

a full complement of equipment, turn key

commercial and industrial accounts. Founded

systems and engineering/design services,

in 1997, Power Management utilizes a

along with a UL listed panel fabrication and

comprehensive energy management approach

modular skid manufacturing.

offering competitive supply options for natural gas and electric and energy/conservation projects, such as lighting upgrades and solar PV installations.

PRINOVA USA 6525 Muirfield Dr., Suite 100 Hanover Park, IL 60133 630-868-0300 www.prinovausa.com Zach Savino, marketing communications specialist Zach.savino@prinovausa.com

315-430-2236 www.schaefferoil.com Tim Evans, sales representative tim.oilproducts@gmail.com Schaeffer Specialized Lubricants is a full

RYDER SYSTEMS, INC. 301 Commerce Blvd. Liverpool, NY 13088 315-457-4611 www.ryder.com Douglas Lampert, director of sales Douglas_J_Lampert@ryder.com Ryder is the only fully integrated end-to-end

line lubricants manufacturer and distributor company located in St. Louis, Missouri, offering food grade and nonfood grade lubricants, including HTC fluids, oils, gear and chain lubes and grease, as well as cleaners and degreasers.

SCHENCK PROCESS

Prinova creates value for global food,

customers, many of which make the

beverage and supplement manufacturers.

products that consumers use every day.

As one of the world’s largest distributors

When you choose Ryder, you get access to

7901 NW 107th Terrace Kansas City, MO 64153 816-891-9300 www.schenckprocess.com/us Steve Vollmer, food industry manager s.vollmer@schenckprocess.com

of functional ingredients and a provider of

industry leading technology, one of North

Schenck Process is a complete global source of

integrated solutions, such as nutrient pre-

America’s largest fleet of trucks, an expansive

highly accurate pneumatic conveying, mixing,

mixes and flavor systems, we help customers

infrastructure of maintenance facilities and

blending, weighing and feeding systems for

develop successful products, solve production

warehouses, as well as some of the most

dry bulk solids with additional expertise in air

challenges, improve speed-to-market and

talented people in the industry.

filtration. A strong commitment to research

transportation and logistics provider in the industry. Ryder operates behind the scenes, managing critical fleet, transportation and supply chain functions for over 50,000

grow their businesses.

RWS DESIGN & CONTROLS 13979 Willowbrook Rd. Roscoe, IL 61073 609-971-3176 F: 815-654-3719 www.rwscontrols.com Dave Scherr, national account manager davescherr@rwscontrols.com

and development has led to the creation of

SANI-MATIC, INC. 1915 So. Stoughton Rd. Madison, WI 53716 800-356-3300 www.sanimatic.com Kristin Larson, marketing communications manager Kristin.larson@sanimatic.com Sani-Matic designs and manufacturers sanitary process cleaning equipment and sanitary

some of the industry’s most advanced products and technologies.

SHELTON ASSOCIATES, INC. Treatment Technologies Division 15 Prestige Lane Lancaster, PA 17603 717-687-0737 F: 717-687-0747 Mark Shelton, CEO marks@sheltonassoc.com

Headquartered in Roscoe, Illinois, and

components, including Clean-in Place systems,

providing local representation throughout

Clean-Out-of-Place parts washers, cabinet

Treatment Technologies is a supplier of

North America, RWS Design & Controls is a

washers, tunnel washers, boosted pressure

MBR, MBBR, reverse osmosis, nanofiltration,

full-service processing partner for the dairy and

systems, spray balls and strainers. These

ultrafiltration and clarification systems for

sanitary processing industries. Additionally,

products, as well as the company’s Tactical

use as supply water, separation, recovery

RWS’ overall process expertise is supplemented

Solutions system optimization program, offer

or wastewater treatment systems either

by a specialty in ESL and aseptic systems that

total cleaning confidence.

for reuse or discharge. With offices in

many in the industry rely upon with utmost confidence. We strive to develop long-lasting partnerships that enhance the value we offer our customers. It is our goal to be your choice when seeking a processing partner that offers

Pennsylvania, Ohio and California, we

SCHAEFFER’S SPECIALIZED LUBRICANTS 4284 Altair Course Liverpool, NY 13090

have the experience, equipment selection and locations to handle any liquid filter need a dairy may require.

NED Magazine | Fourth Quarter 2018 • 57

What’sNews

Santa Loves His Milk (and Cookies)

anta Claus made a stop at Christmas on the Farm at the Old McDonald Farm in Sacketts Harbor, New York, this December and enjoyed plenty of delicious milk and cookies with visiting children! This is the third year for this festive tradition where visitors congregate in the Gathering Barn for milk or hot chocolate, a visit with Santa and Olaf from “Frozen” and a chance to decorate (and eat!) cookies. Families also have the chance to visit the barn to see the farm’s large variety of animals, as well as Sven the reindeer. The Northeast Dairy Foods Association donated the milk for the children, as well as some egg nog for the staff, and “I Love NY” cups. Christmas at the Farm has become a holiday favorite in the 1000 Islands Region.

Right: Alexis Holstein enjoys some chocolate milk and cookies at Christmas on the Farm, an annual holiday tradition in Sacketts Harbor, New York.

Dairy Included in Whole Foods Experts’ Anticipated Food Trends for 2019

n November, Whole Foods Market’s global buyers and experts revealed the most anticipated and innovative food trends for 2019 in its fourth annual trends predictions announcement. While Pacific Rim flavors, faux meat snacks and hemp-infused products are among the food influences expected to take off in the coming year, there was also a nod to the dairy industry among the predicted trends. Snacking across the board will take a turn toward the fancy, and snacks, as they start to usurp the usual three-mealsa-day routine, are anything but ordinary. Snacking has become an occasion of its very own — think charcuterie or cheese boards, 1-ounce portions of cheese paired with demi-baguettes as desk snacks and more mini meals. Portable snack packages will feature bites like prosciutto, 58 • Northeast Dairy Foods Association, Inc.

aged mozzarella and artisanal versions of classic snacks like cheese and cracker sandwiches. Ingredient-conscious snack and treat makers are creating new packaged snacks that take us back to our treat-loving childhoods but with higher quality ingredients, some of which are updated to accommodate special diets. While there is something comforting about a scoop of vanilla ice cream, some consumers are wanting something a little less, well, vanilla. The new pints on the block are adding a fresh take on a timeless treat with innovative bases like avocado, hummus and tahini, as well as ice creams with savory swirls of artisanal cheese. Globally inspired frozen desserts are taking the stage — possibly sparked by this year’s mochi ice cream obsession and a Thai rolled ice cream craze. (Mochi ice cream is

a popular Japanese-American dessert made by covering bite-sized balls of ice cream with a sweet Japanese rice dough, and are available in flavors like mango and matcha green tea.) Gelatos won’t be left out of the fun and will get some buzz with boozier infusions coming to the market. Trends not only include dairy products, but what their packaging is, as well. Whole Foods predicts a number of brands making the switch to packaging with the environment in mind with items like flexible product pouches, a commitment to banning straws and pilot programs to test recyclable strawless sipper lids made from PET. Expect to see an emphasis in stores on reusing your own bags, food wraps made from beeswax and waxed or silicone alternatives to plastic storage bags for snacks.

What’sNews

American Butter Institute Wants FDA to Take Action Against Misbranded Products

he U.S. Food and Drug Administration should take prompt enforcement action against seven “butter” substitutes that flagrantly violate the agency’s food labeling requirements and thus are misbranded, the American Butter Institute said at its recent board of directors meeting in Fort Lauderdale, Florida. ABI is the Arlington, Virginia-based trade association for manufacturers, processors, marketers and distributors of butter and butter products. The majority of butter consumed throughout the United States is made and marketed by ABI member companies and cooperatives. As the only dairy food standard established by federal statute, butter is defined as “made exclusively from milk or cream, or both, with or without common salt, and with or without additional coloring matter, and containing not less than 80 percent by weight of milk fat, all tolerances having been allowed for.” Concurrently, the FDA dictates that certain foods should be deemed imitations if that food resembles another but is nutritionally inferior or fails to meet established characterizing ingredient requirements.

“The way in which these brands use the term ‘butter’ is false and misleading,” said Tom Balmer, executive director of ABI. “These imposter products don’t contain actual dairy ingredients and cannot match real butter’s positive attributes — from its unmatched flavor and creamy, rich texture and unique performance in cooking and baking, to its significant level of Vitamin A. We’re bringing this deception to FDA so that it can rectify the issue and ensure truth and fairness in the marketplace.” In comments sent to the FDA, ABI listed seven plant-based so-called “butter” brands that blatantly contradict the federal definition for butter. Based on a labeling review of the seven brands, ABI underscored how each vegetable-based product contains no actual dairy ingredients and called out some for lacking the positive nutritional profile associated with real butter. “We thought this issue was settled decades ago, when the common term for vegetable spreads was ‘oleomargarine.’ But the misuse of the term ‘butter’ on non-dairy products has become ever more egregious in recent years, and FDA needs to remind

makers of these products that they are violating long-standing regulations,” Balmer said. “Section 102.5 (of Code of Federal Regulations Title 21) in no way permits the standardized term ‘butter’ to be used to name a non-standardized plant-based butter substitute that is characterized by its plant-based ingredients and the complete absence of milk, cream and other milk constituents that comprise standardized butter unless such products constitute and are labeled as ‘imitation butter,’” ABI said in its comments. The FDA prohibits a food from being sold under the name of a different food, as well as imitations of another food unless it bears the label “imitation.” While some of the products could possibly be re-labeled as “margarine” or “oleomargarine,” FDA regulations say that those considered nutritionally inferior to butter must bear the word “imitation” so as not to be false or misleading. ABI argued that Congress established a definition for butter specifically to protect consumers from being deceived by simulated versions of the traditional product such as those identified in the complaint. NED Magazine | Fourth Quarter 2018 • 59

ADVERTISERS INDEX Afgritech, LLC ........................................................45 Agri-Mark Cooperative- Cabot Cheese .................47 Brown & Brown Empire State ................................28 Farm Credit East ....................................................24 GeoSaf .......................................................11, 13, 15 Herbein & Company, Inc. ......................................18 Indian River Transport ...........................................BC Jefferson County Local Development Corporation ....................................39 Nelson-Jameson, Inc. ......................................25, 43 ProSpect Analytical Technology, Inc. .....................34 PTI/Waldner North America ..................................29 S&D Welding .........................................................28 Schenck Process LLC ...............................................9 Spinnaker Custom Products ..................................60 Tremcar USA Inc. ...................................................34 Tri Tank Corp..........................................................45 WestRock ............................................................. IFC

GIVE US SOMETHING TO CHEW ON. Are you introducing an interesting product? Have you instituted cutting-edge processes? Are you welcoming a new hire? Is your business expanding, moving or changing? Do you have other news to share? Northeast Dairy magazine is always looking for Member and Industry News. Email your information, news releases and/or captioned photographs to us at editor@nedairymedia.com.

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