REGULATORY REGISTER
Spring 2026
Animal Health
NMPF Submits Comments Supporting EPA Review of NovoFly
NMPF submitted comments April 22 to the Environmental Protection Agency supporting its science‑based review of a USDA registration application for NovoFly, a sterile, male‑only New World screwworm developed as part of the proven Sterile Insect Technique used to prevent and respond to screwworm outbreaks.
“By improving male only release ratios and reducing production inefficiencies, this technology strengthens the economic sustainability of the U.S.–Mexico barrier program that protects billions of dollars in agricultural value annually,” NMPF stated in its comments. “Investing in a more precise and scalable SIT tool is fiscally responsible and reduces the likelihood of far more costly emergency eradication campaigns in the future.”
USDA on April 17 started building its domestic sterile fly production facility in Edinberg, TX, with operations projected to begin late next year. As of the beginning of May, the nearest screwworm detection has been reported 62 miles from the Texas border in Nuevo Leon.
FDA Issues EUAs for New World Screwworm Treatments
The Food and Drug Administration has been expanding animal drug treatment options for New World screwworm through Emergency Use Authorizations. In addition to the injectable solution announced Sept. 30, the topical drug for cattle announced Dec. 4, and the over the counter injectable drug announced Feb. 5, FDA has announced four new drug options that can
be used in cattle, including three that can be used in lactating dairy cattle.
FDA issued an EUA March 10 for a new topical wound spray for lactating dairy cows that is available over the counter without a prescription and comes with only a 10 day milk withdrawal time. The F10 Antiseptic Wound Spray with Insecticide is the first drug authorized for use to treat New World screwworm in lactating cattle. Cattle must not be slaughtered for human consumption within 30 days of treatment, and treated calves and calves born to treated cows must not be processed for veal.
FDA issued an EUA April 24 for F10 Antiseptic Barrier Ointment with Insecticide. This ointment is also available over the counter without a prescription and follows the same milk and meat withdrawal times as the F10 Antiseptic Wound Spray.
FDA issued an EUA April 27 for Negasunt Powder. This treatment option has a meat withdrawal time of 28 days. FDA did not establish a milk discard time for this product, so it may not be used in animals producing milk for human consumption. This product also contains two active ingredients that can cause neurotoxicity, so the EUA sets very specific safety requirements.
FDA’s latest EUA came May 19 for Dectomax/ Dectomax CA1 injectable solution for dairy cattle. Milk withdrawal time for this treatment is 468 hours (19.5 days). The slaughter withdrawal time for this treatment is 35 days. This product is not approved for veal calves.
FDA’s Center for Veterinary Medicine is working closely with USDA, the EPA, other U.S. government departments and agencies, and
state animal health officials to address the threat of New World screwworm. Updates on screwworm treatment options are available on the agency’s website.
APHIS Updates Interstate Movement Guidance for H5N1
USDA’s Animal and Plant Health Inspection Service updated its guidance on April 24 so that lactating dairy cattle moving interstate from states that have earned “Unaffected” status under the National Milk Testing Strategy are no longer required to be tested for highly pathogenic avian influenza H5N1 prior to movement.
Since April 2024, a federal order has required testing of lactating dairy cattle before they could move across state lines, an effort to protect animal health that has also added time and cost for farmers. Over the past year,
NMPF has advocated for a more targeted, risk based approach, emphasizing that states with strong testing records and no signs of disease should not face the same restrictions. NMPF also backed a resolution from the U.S. Animal Health Association last October calling for this kind of flexibility. The update is a step toward balancing strong animal health protections with a more practical, risk based system for moving cattle.
There has been a consistent reduction of H5N1 in dairy cattle for months, with 43 states currently under “unaffected” status. As of May 14, Idaho is the only state with 13 new confirmed cases in the past 30 days.
Food Safety & Nutrition
FDA Finalizes Cottage Cheese Exemption
After nearly a decade of back and forth, FDA announced Feb. 19 that Grade “A” cottage cheese is getting an exemption from FDA’s Food Traceability Rule.
This exemption from the added traceability requirements tied to foods on the Food Traceability List will reduce the record keeping burden on Grade “A” cottage cheese manufacturers who are already meeting the highest standards set by the Grade “A” Pasteurized Milk Ordinance and regulated by the National Conference on Interstate Milk Shipments.
NMPF supported the passage of the Food Safety Modernization Act in 2011 and agrees that food traceability measures and adequate record keeping are important to food safety. However, since Congress passed FSMA, NMPF has disagreed with FDA’s approach to determining the list of “high-risk foods” as defined in Section 204 of the law.
Despite NMPF’s many objections, FDA passed a final rule in November 2022 in which all cheeses other than hard cheeses are considered high risk foods. FDA’s risk ranking model under this rule places “pasteurized cheese, other than hard” as the highest risk level of all foods in the marketplace — even above cheese made from raw milk. The final rule set a compliance date of Jan. 20, 2026, for all manufacturers to meet the rule requirements, but efforts by NMPF and other industry organizations led FDA to extend the compliance date for the rule by 30 months to July 20, 2028.
The Food Traceability List originally included cottage cheese because it falls into the category of “Cheese (made from pasteurized milk), fresh soft or soft unripened.” But FDA ultimately agreed with the case NMPF made in September 2024 comments that the oversight already in place from the PMO and its built in safeguards make extra traceability steps unnecessary.
Stakeholders Invited to Weigh in on Food Traceability Rule
The Partnership for Food Traceability and FDA announced that they will host two virtual town halls about Food Traceability Rule implementation. FDA is looking for feedback on where the current system is creating unnecessary burdens and ideas for fixes or tools that could make compliance more workable for everyone involved. The first town hall will be held from 12–2 p.m. ET, Monday, June 15, followed by a second webinar from 12 2 p.m. ET, Friday, Nov. 6.
Dairy stakeholders are encouraged to participate and share feedback. Stakeholders interested in speaking must indicate their request during registration at least 10 days in advance.
2025 NCIMS Final Actions Released
The FDA on March 30 released its document detailing the final actions of the 39th National Conference on Interstate Milk Shipments.
A total of 80 proposals were submitted and deliberated at the conference in Minneapolis, April 11 16, 2025. During the conference, state delegates approved several changes to the Grade “A” Pasteurized Milk Ordinance and related NCIMS documents. The document released March 30, IMS-a-54, explains the final outcomes of each of those proposals.
FDA and the NCIMS Executive Board reached mutual concurrence on all but 5 proposals. These 5 proposals can be reconsidered at the 2027 National Conference on Interstate Milk Shipments. The proposals that were passed and reached mutual concurrence will take effect in the PMO March 30, 2027.
USDA Clears Path for Whole and 2% Milk in Schools
NMPF welcomed USDA’s May 8 final rule on whole milk in schools, which provides clarity on the implementation of the Whole Milk for Healthy Kids Act. Effective June 8, the rule allows schools to once again offer whole and 2% milk in federally funded meal programs for the first time since 2012.
As USDA developed the rule, NMPF pushed to make sure schools could offer whole and 2% milk not just at lunch, but also at breakfast and through other programs like the Special Milk Program and the Child and Adult Care Food Program. The updated rule makes it clear that schools can now offer these milk options across the board in all meal programs.
USDA Finalizes SNAP Retailer Stocking Standards
USDA released updated Staple Food Stocking Standards for SNAP retailers on May 8.
NMPF submitted comments on the proposed rule last November supporting a cap on plant based alternatives and urging USDA to count flavored milk as its own dairy variety.
The new rule reflects many of NMPF’s recommendations. Dairy continues to be recognized as a staple food category, and flavored milk, sour cream and shredded cheese are now counted as separate varieties. The rule also puts a reasonable limit on plant based alternatives, allowing only three to count toward the dairy stocking requirement. Retailers still must carry seven dairy varieties overall to meet SNAP standards. However, butter was removed from the staple foods list and reclassified as an accessory food. SNAP benefits can still be used to purchase butter, but retailers will no longer be required to stock it to qualify as a SNAP retailer.
State Issues Digest
States Advance Ultra-Processed Foods Legislation
State-level efforts to define and regulate ultra-processed foods (UPFs) are accelerating, as they have become a center focus for the Make America Healthy Again movement.
For dairy, the outcome of these debates will have significant implications. Products such as flavored milk, flavored yogurts, certain cheeses and powdered dairy ingredients may fall within UPF classifications depending on how criteria are ultimately structured, affecting product marketing, labeling and eligibility for school meal programs. With no federally codified standard, states are creating a patchwork of rules that complicates compliance.
Most state legislation relies on a “standard 11” additives framework that targets commonly scrutinized ingredients such as food dyes and preservatives not generally used in home cooking: Potassium Bromate, Propylpareben, Titanium Dioxide, Brominated Vegetable Oil, Yellow Dye 5, Yellow Dye 6, Blue Dye 1, Blue Dye 2, Green Dye 3, Red Dye 3 and Red Dye 40.
Arizona in 2025 became the first to enact this approach specifically for school food restrictions, and at least seven other states, including Florida, North Carolina and Missouri, introduced bills with nearly identical language. While some proposals initially attempted to define UPFs, bills in Utah and Louisiana ultimately removed the term during the legislative process, underscoring the difficulty lawmakers face in reaching consensus on a clear and enforceable definition.
Last year, California enacted the Real Food, Healthy Kids Act, which defines a product as ultra-processed if it contains certain emulsifiers, stabilizers, thickeners, flavor enhancers, color additives, or non nutritive sweeteners, or if it is high in saturated fat, sodium, or added sugar. Foods meeting this definition are intended to be phased out of K–12 school meals, with Class I milk products excluded. Building on this approach, a more recent proposal would establish a certification for foods that do not qualify as ultra-processed under the state’s definition.
These efforts follow a joint Request for Information issued last summer by FDA and USDA, which sought stakeholder input on how UPFs should be defined. NMPF submitted comments urging the agencies to adopt a science-based definition for UPFs that accounts for nutrient density and affordability.
This article is from the April issue of the State Issues Digest, a monthly members-only publication from NMPF. Update email preferences at nmpf.org/subscribe or click here to inquire about becoming a member.
Labeling & Standards
DAIRY PRIDE Act Reintroduced in the House
NMPF partnered with congressional allies Reps. John Joyce, R-PA, and Josh Riley, D-NY, to reintroduce the bipartisan DAIRY PRIDE Act in the House of Representatives April 21, an important step in the ongoing efforts to ensure truth in labeling for milk and dairy products.
The legislation is a companion to the bipartisan Senate bill introduced in July 2025.
For nearly five decades, FDA has failed to enforce the standards of identity for dairy foods, allowing plant based imitation products to use dairy terms like “milk,” “cheese,” and “yogurt” despite being nutritionally inferior. These standards exist to promote honesty, protect consumers, and ensure that products meet the expectations consumers have for nutritional value. Milk and dairy foods provide a unique package of 13 essential nutrients, including calcium, potassium, and vitamin D — nutrients of public health concern that many Americans already under consume.
“FDA’s continued failure to enforce its own rules on the proper labeling of plant based alternative products is a public health problem, plain and simple,” NMPF President & CEO Gregg Doud said in a statement. “Plant based imitation products that are not nutritionally equivalent to real milk and do not deliver dairy’s unique nutrient package for too long have been allowed to imply to consumers that they are just like the real thing.”
DAIRY PRIDE would direct FDA to finally uphold these longstanding standards by deeming imitation products with inaccurate milk claims as misbranded. The bill also requires FDA to issue guidance within 90 days to ensure consistent, nationwide enforcement, helping consumers better understand their choices at the grocery store.
“It’s high time FDA makes it easier for consumers to navigate the choices they face in the grocery aisles; the DAIRY PRIDE Act is an important step in the right direction,” Doud said.
NMPF strongly supports the DAIRY PRIDE Act and thanks Reps. Joyce and Riley for their bipartisan leadership. The organization will continue engaging Congress and the administration to push for meaningful action that protects dairy’s identity, supports public health, and ensures a level playing field for America’s dairy farm families.
IT’S HIGH TIME FDA MAKES IT EASIER FOR CONSUMERS TO NAVIGATE THE CHOICES THEY FACE IN THE GROCERY AISLES; THE DAIRY PRIDE ACT IS AN IMPORTANT STEP IN THE RIGHT DIRECTION.
International
Ecuador Trade Agreement Delivers Major Wins for U.S. Dairy Exporters
The United States and Ecuador signed a reciprocal trade agreement on March 13 that addresses long standing barriers facing American dairy exporters.
NMPF, acting as cleared advisors to U.S. trade negotiators, played a central role in shaping the agreement’s dairy provisions. Through ongoing engagement with the U.S. government, NMPF secured resolutions on several issues that it had designated as priorities heading into negotiations.
The agreement eliminates tariffs on a range of U.S. dairy products — improving the competitive landscape for American exporters — and dismantles some of the most persistent structural obstacles in the Ecuadorian market. The deal recognizes U.S. regulatory oversight, commits to eliminating burdensome facility listing requirements, and commits Ecuador to accepting dairy certificates issued by U.S. regulatory authorities. Ecuador’s restrictive import licensing system for agricultural products will also undergo a significant overhaul.
For cheese exporters specifically, the agreement offers an important proactive win: protection of 40 common cheese names, including “parmesan,” preventing foreign competitors from claiming exclusive rights to terms that U.S. producers rely on.
The Ecuador agreement is the ninth deal secured by the administration that includes new market access for U.S. dairy products. NMPF and the U.S. Dairy Export Council will continue working with USTR to support implementation.
USTR Report Cite Common Cheese Name Protections a U.S. Priority
The April 29 release of the U.S. Trade Representative’s 2026 Special 301 Report marked another milestone in a sustained, multi-year effort by NMPF, USDEC and the Consortium for Common Food Names to secure protections for American dairy producers’ right to use common food names in global markets.
At the heart of the issue is the European Union’s aggressive use of geographical indication (GI) policies to claim exclusive ownership over widely recognized cheese names like “parmesan” and “feta,” systematically working to shut U.S. exporters out of key markets. NMPF and USDEC filed comments complementary to detailed CCFN comments on Jan. 28 detailing the GI restrictions that U.S. dairy exporters face in markets around the world as a consequence of the European Union’s GI misuse. The comments were reflected in the Special 301 report, with USTR adding the European Union to a “Watch List” of intellectual property abuses due in key part to its GI restrictions. The report also reflects the administration’s commitment to confronting the European Union’s use of reciprocal trade negotiations to secure hard commitments that keep common names free for American producers. The Ecuador trade agreement is one concrete result of that approach.
That advocacy is ongoing and coordinated. NMPF’s Shawna Morris testified at USTR’s Feb. 18 public hearing, reinforcing the industry’s message that GI disciplines must be a standard feature of every new trade agreement. All three organizations will continue monitoring implementation of existing agreements while pressing for common name protections in
negotiations going forward, including the upcoming USMCA Joint Review.
NMPF Gets Ahead of New EU Animal Welfare Proposal
The European Commission foreshadowed new animal welfare regulations on March 13, as part of a public consultation for its new EU livestock strategy. Given the Commission’s history of using prescriptive animal welfare rules to block U.S. exports of dairy and other agricultural products, NMPF and USDEC submitted formal comments on April 9, sharing their concern for animal welfare while urging a measured approach that does not impose new requirements on the EU’s trading partners.
NMPF and USDEC made clear that they fully support the EU’s right to set animal welfare standards for products produced within its member states. However, the organizations strongly opposed any rules that would regulate on farm practices of U.S. producers who export dairy products to Europe, considering such “mirror clauses” to be inappropriate, inconsistent with the European Union’s World Trade Organization obligations, and ultimately irrelevant to the safety of the final food product.
Critically, NMPF and USDEC pointed out that the U.S. dairy industry is already a global leader in animal welfare. The Farmers Assuring Responsible Management (FARM) Program was the first private program in the world to be certified as being certified by the International Organization for Standardization, confirming its alignment with World Organization for Animal Health guidelines.
Should the Commission follow through on its proposed mirror clause for trading partners, NMPF and USDEC recommended the establishment of a mechanism to recognize comparable programs in third countries rather than forcing all producers to adopt
specific EU regulations. The comments urged the Commission to evaluate animal welfare outcomes, not specific methods, consistent with WOAH guidance. Any program already certified as meeting the ISO animal welfare standard, the comments argued, should be automatically recognized as comparable.
NMPF Pushes for Common Name Protections in AGOA Modernization
NMPF, USDEC and CCFN submitted comments to USTR on May 13 urging the administration to include stronger protections against the European Union’s misuse of geographical indications (GIs) as part of modernization efforts for the African Growth and Opportunity Act (AGOA). The groups warned that the European Union increasingly uses GI policies to monopolize common food names such as “parmesan” and “feta,” limiting opportunities for U.S. dairy exporters in sub Saharan Africa.
The organizations highlight concerns with EU trade agreements in Africa, including the EU Southern African Development Community Economic Partnership Agreement, which restricts the use of common terms including “asiago,” “feta,” “fontina” and “gorgonzola” in several AGOA eligible countries. The comments urge USTR to make AGOA eligibility contingent on protecting market access rights for U.S. exporters and preserving the use of common food and beverage names.
NMPF, USDEC and CCFN also called for AGOA beneficiaries to adopt transparent GI review procedures, establish rigorous evaluation standards for new GI applications and explicitly protect a non exhaustive list of commonly used cheese terms, including “parmesan,” “feta,” and “gruyere.” The filing noted that the EU exported nearly $1 billion in dairy products to AGOA eligible countries in 2025, compared to just $22 million in U.S. dairy exports, and warned that EU attempts to monopolize common terms would widen the disparity if left unchecked.
