Imported illegal dairy additives, called milk protein concentrate
(MPC), play a major role in family farmers' devastated milk price,
which plummeted over the past five years. Large corporations use
MPC over domestically produced dairy additives, such as nonfat
dry milk, because it increases the amount of cheese produced for
a given volume of milk, allowing lower investment costs for the
same, or more, product output.
Increasing U.S. imports and MPC use in products leaves more dry
milk on the U.S. market, which the U.S. Department of Agriculture's
Commodity Credit Corporation (CCC) buys under its price support
program. From 1996 to 2000, CCC support program costs increased
by $572 million-an additional cost to taxpayers directly linked
to displaced dry milk saturating dairy markets.
A wide spread of the MPC product entering the U.S. is simply a
blend assembled for the purpose of legally circumventing U.S.
tariffs. MPC is shipped to the U.S. as a chemical or pharmaceutical
product, circumventing dairy tariff and quota rate schedules,
allowing corporations to skirt the limits imposed by current World
Trade Organization (WTO) trade agreements.
The Food and Drug Administration (FDA) never tested Milk Protein
Concentrate (MPC) as a food ingredient for human consumption,
therefore it does not meet "Generally Regarded as Safe"
(GRAS) standards. In other words, the public has no idea whether
it contains waste products that constitute a health hazard.
In a Freedom of Information request, FDA admits: "We have
searched our files and find no responsive information for scientific
studies on human safety and consumption of ultra filtered milk/milk
protein concentrates."i
Food processors began using MPC as an ingredient in clear violation
of the Code of Federal Regulation regarding safety. Because manufacturers
did not produce MPCs prior to 1958, all food processors must conform
to the Generally Regarded as Safe standards, or 21 þ 170.30
of the Code of Federal Regulation.ii By law,
any food ingredient not in common use before 1958 must meet GRAS
standards.
FDA did issue warning letters to some food processors in late
2002, including Kraft Foods North America, Inc. (Kraft) and Lactoprot
USA, for violation of 21 þ 133, which covers cheese Standards
of Identity.iii
"These products declare milk protein concentrate in their
ingredient listings," FDA's Virginia Connelly described in
the letter. "MPC is not listed as an optional dairy ingredient
in any of the standardized cheese products governed by a standard
of identity, and therefore standardized cheese products are not
permitted to contain MPC as an ingredient."
Kraft's only response involved re-labeling these items from "cheese
food" to "cheese product."
NFFC filed a Citizens Petition with the Food and Drug Administration
(FDA), asking that the agency notify all federal and state regulators
that milk protein concentrate (MPC) must meet requirements for
classification as "Generally Regarded as Safe" (GRAS)
before it is permitted as a food ingredient. This petition would
require either FDA or the companies that currently use MPC in
its products (like Kraft) to conduct MPC safety studies; MPC would
receive GRAS classification only after it undergoes safety tests.
NFFC also requested the 108th Congress to prevent the illegal
use of MPCs in standardized food products by forcing the Food
and Drug Administration (FDA) to enforce federal standards and
take regulatory action against illegal, adulterated products.
In these vulnerable times, food safety should be of utmost importance
to U.S. lawmakers; currently, MPC freely enters the U.S. as a
white-powder substance, often times not inspected at port entries,
much less for human consumption.
The National Family Farm Coalition's Dairy Subcommittee is currently:
* Pressuring FDA to act on NFFC's MPC petition.
* Lobbying congressional members to support Senate Bill 560 and
House Resolution 1160, The Milk Import Tariff Equity Act of 2003,
and to oppose the US Dairy Proteins Program House Resolution 4223,
which would require the Commodity Credit Corporation to support
the development of a domestic casein and milk protein concentrate
industry.
NFFC's member groups, the Family Farm Defenders (FFD) and the
American Raw Milk Producers Pricing Association (ARMPPA), both
based in Wisconsin, launched an MPC Boycott against Kraft.
Family
Farm Defenders MPC Boycott Materials: partial list of MPC-ingredient
products, MPC facts/actions one-pager
1. A recent report released by the US International Trade Commission
entitled "Conditions of Competition for Milk Protein Products
in the U.S. Market" found that US companies used 62 percent
of imported MPC in processed cheese alone. Processed cheese is
not the only culprit, however; many companies use MPC in various
products, from baby formula to coffee creamers and nutritional
supplements.
Outraged? Send FDA your comments! Below, find suggestions for
making sure your comment has the greatest possible impact:
* Clearly indicate if you are for or against the petition.
* Reviewers look for reasoning and logic in comments they evaluate.
* Refer to the docket number.
* Include a copy of supportive materials, like news articles or
other references.
* Only relevant material should be submitted.
The MPC Petition docket number is: 2004P-0202/CP1.
> Read
the Petition here
> Check
out Public Citizen’s web site to send FDA an email alert
about MPC safety concerns
Mail or E-mail your comments to the Food and Drug Administration
at the following addresses:
Mailing Address:
Dockets Management Branch
5630 Fishers Lane, Room 1061 (HFA-305)
Rockville, MD, 20852
Email:
fdadockets@oc.fda.gov
Phone: 301-827-6860
Fax: 301-827-6870
2. According to USDA, MPC and casein displace about 9 billion
pounds of skim milk. Ask your legislators to support the Milk
Import Tariff Equity Act (HR 1160, SB 560) which places tariffs
on imported milk protein concentrates.
Also encourage legislators to: (1) regulate MPC imports and ensure
tariff-rate quotas are consistent with current U.S. trade policy;
(2) continue working with U.S. Customs to change the tariff classification
of dairy protein blends and prevent its illegal use in human food,
and (3) support NFFC's MPC petition by commenting to FDA.
Call your congressional representative using the Capitol Switchboard
at (202) 224-3121. The operator will direct you to your Senator/Representative.
3. The International Dairy Foods Association (IDFA) is petitioning
the Food and Drug Administration (FDA) to change the definition
of cheese and ice cream to include MPCs as a legal ingredient.
The National Yogurt Association is also petitioning FDA to change
the definition of yogurt to also include MPCs.
Outraged? Send FDA your comments! There is no special form you
have to fill out, nor style you have to follow. All you have to
do is clearly indicate the petition you're referring to (by docket
number), simply state if you are for or against the petition,
and support your comments with relevant articles or other references.
Below, find other suggestions for making sure your comment has
the greatest possible impact:
* Clearly indicate if you are for or against the petition.
* Reviewers look for reasoning and logic in comments they evaluate.
* Refer to the docket number.
* Include a copy of supportive materials, like news articles or
other references.
* Only relevant material should be submitted.
The FDA Dockets site is:
http://www.fda.gov/ohrms/dockets/default.htm
The docket number for the Cheese Petition is: OOP-0586 CP 2
The docket number for the Yogurt Petition is: OOP-0685
The docket number for the Ice Cream Petition is: 03P-0132
Mail or E-mail your comments to the Food and Drug Administration
at the following addresses:
Mailing Address:
Dockets Management Branch
5630 Fishers Lane, Room 1061 (HFA-305)
Rockville, MD, 20852
Email:
fdadockets@oc.fda.gov
Phone: 301-827-6860
Fax: 301-827-6870
The most acknowledged definition MPC is a dry blend of dairy ingredients,
ranging from 42 to 90 percent protein. MPC purchased in this country
is produced using two procedures called ultra-filtration and blending.
New Zealand and Australia use ultra-filtration, creating MPC in
its purest form. But most countries use the blending method, which
starts with 32 percent protein nonfat dry milk and then adds casein
until manufacturers reach the desired protein level.
The US imports virtually all MPC from countries around the world.
Australia and New Zealand supply the most, but other countries
contribute as well, including India, China, Argentina, Poland,
Mexico and the Ukraine to name a few. There is a small amount
of MPC manufactured in the US at a processing plant in Portales,
New Mexico. This plant is a joint venture between Fonterra Co-operative
Group Ltd and Dairy Farmers of America.
The US imported more than 36,000 metric tons of MPC within the
first six months of 2002. In 2000, over 52,000 metric tons of
MPC entered the US-the equivalent of 4.6 billion pounds of domestic
milk.
The requirement for "Generally Regarded as Safe" (GRAS)
clearly states in 21 þ 170.30 (b) that "General recognition
of safety based upon scientific procedures shall require the same
quantity and quality of scientific evidence as is required to
obtain approval of a food additive regulation for the ingredient."
GRAS status is necessary for food ingredients introduced after
1958.
U.S. General
Accounting Office's Report on MPC Imports
Rural Vermont's Alexis Lathem Opinion Editorial
Is There Glue in Those
Cheese Slices? (Or is it MPC?)
Joel Greeno's MPC Opinion Editorial
NFFC's Written Testimony to the International Trade Commission
MPC Press releases
Is there "Krap" in your Kraft Singles?
references:
i FOIA FO3-8050 to John Bunting (August 13, 2003)
ii http://vm.cfsan.fda.
gov/~lrd/cfr17030.html
iii http://www.fda.
gov/foi/warning_letters/g3740d.htm
iv http://www.fda.
gov/foi/warning_letters/g3651d.htm
