Say Cheese... Just Don’t Call It Dairy

N.Y. Senator’s Proposal Concerns Dairy Industry

Carol Thompson
The Valley News

A bill proposed by N.Y. State Sen. Darrel Aubertine that would require cheese products to be classified as “non-dairy” has raised the ire of many in the dairy industry who claim the legislation, if passed, would severely hurt them.

The bill, introduced by Aubertine, who chairs the senate’s Agricultural Committee, would specify that a milk protein concentrate, or caseinate, in its manufactured form, would not be a dairy product.

Cheese is made from caseins and, under Aubertine’s bill, could not be labeled as a dairy product, according to those who oppose the legislation. New York State is the third largest dairy state and is home to McCadam, Heluva Good, Colosse, and Kraft cheese, as well as smaller companies such as Yancey’s Fancy.

Some local dairy farmers, as well as the New York State Farm Bureau, oppose the legislation claiming that it is not only redundant, but that it will harm the cheese industry as consumers will no longer view cheese as a dairy product.

The United States Code of Federal Regulations already defines what is and is not a dairy product and has labeling requirements in place.

“We aren’t even sure if they (Senate) can override the federal regulations,” said Peter Gregg, spokesperson for the New York Farm Bureau. “This (law) would not be beneficial to the industry in New York State.”

The state Farm Bureau opposes the proposed legislation as it is currently written.

“We respect the senator and feel his legislation is well intended but we would oppose it,” Gregg said. “Our concern would be that if this were to become law, cheese in New York would not be considered a dairy product any longer.”

Gregg said the organization has spoken to Aubertine about their concerns and added that he did not believe the senator was receptive to changing the law.

The proposed bill (S2365) would prohibit “any product enhanced with milk protein concentrates, caseins, or caseinates from being labeled as dairy,” according to the bill summary. Aubertine listed the fiscal implications as “none.”

Farmers and the Farm Bureau view the bill differently.

“We feel it would have a negative impact on the industry in this state,” Gregg said.

In a memo from Dean Norton, president of the New York Farm Bureau, it is noted that casein is a naturally-occurring protein in milk. “Milk clearly contains casein, and has for as long as cows have been producing milk,” Norton wrote.

Norton also pointed out the “substantial impact” the legislation would have on the WIC program (Woman, Infants and Children) and the food-stamp program. The WIC program only allows participants to use vouchers for fruits, vegetables, and dairy products.

Norton highlighted that the memorandum was not issued lightly and was done only after “every opportunity to educate and work with the senator and his staff was fully explored.”

The dairy industry is already reeling from a weak economy. As the global demand for milk products decreases, the price paid to farmers has decreased as well. Aubertine’s legislation would further threaten their already threatened livelihood, the farmers claim.

The law could also have an impact on large cheese corporations. A spokesperson for Kraft Foods, Inc. said it is an industry issue and that the company prefers to use “one conforming food label throughout the country.”

Kraft Foods, Inc. does make its Philadelphia cream cheese in New York as well as some of its other products. The spokesperson, who noted that the company has been keeping abreast of the proposed legislation, said that there is a concern with the labeling in regard to the WIC program.

“Cheese is an important source of calcium and children do lack calcium in their diets,” he said.

Aubertine spokesperson Andrew Mangione said the legislation would help, not harm, the dairy industry.

“The Farm Bureau does have their concerns with the bill; however, we believe this is in the best interest of farmers,” he said. “This is very similar to a bill that passed in 2003 sponsored by Senator (Jim) Wright and by then Assemblyman Darrel Aubertine. It was vetoed.”

Critics claim the bills were not the same.

“The purpose is not to ban these things,” Mangione said. “All this would require is labeling.”

He added that it is believed that the legislation will not effect the WIC program. Mangione said caseins are used in products such as the glue that is used to seal beer labels.

Mangione said the law would help the state’s dairy industry by putting the milk made in this state at a higher premium.

“This isn’t going to preclude things with milk in them from being called dairy,” he said. “This will protect the real dairy products made with New York milk every day. In the end we think this will be good for our farmers. The labeling practice should not be a burdensome negative for the larger producers. This is asking them to do what’s right.”

An official from the International Dairy Foods Association told The Valley News Monday afternoon that the proposed legislation will not be beneficial for the dairy industry.

“We don’t think this is particularly good for the dairy industry,” said Jerry Slominski, the association’s vice president of legislative affairs. “The legislation is very broad and not drafted carefully. You’re creating a patchwork of regulations that’s not going to benefit.

“I don’t think the dairy farmers in New York are going to increase their marketing abilities.”

This article is reprinted with permission from The Valley News (www.valleynewsonline.com).