Gillibrand urges FDA to change dairy standard

WASHINGTON — Sen. Kirsten E. Gillibrand has asked the U.S. Food and Drug Administration to rescue U.S. dairy exports to Europe, which are threatened by an EU decision to impose tougher phytosanitary standards.

The EU announced in July that it would stop accepting U.S. dairy products unless the United States adopted a lower standard for somatic cell count in milk — a measure of hygenic practices on dairy farms, although the cells themselves are not harmful to humans.

Unless the United States lowers its standard from 750,000 cells per milliliter to 400,000 cells per milliliter, exports to Europe could end, the senator warned — although the lobbying group for U.S. dairy farmers said that is an overly pessimistic assessment. Mrs. Gillibrand urged the FDA to change the standard in an emergency ruling, while Congress considers legislation to make the change permanent.

Mrs. Gillibrand discussed the issue with reporters during a telephone conference call, noting the importance of U.S. cheese and whey exports to Europe.

Changing the standard should be easy, she said, because dairy farms in this country already average well below 400,000 cells per milliliter. The U.S. average was 262,000 cells per milliliter in 2008, her office reported, and has been declining as farmers' bargaining cooperatives offer incentives for lower counts.

But a lobbyist for the National Milk Producers Federation, Shawna Morris, said the NMPF believes the best solution is FDA action and continued discussion with EU trade partners. The NMPF believes the EU does not plan to block imports at this point, noting the talks between the United States and the EU.

Mandating a change, Ms. Morris said, requires a "very extensive review" of all possible implications, and her organization has not fully reviewed the legislation.

Low somatic cell counts mean longer shelf life, better taste and a greater amount of cheese that can be made from milk, the senator's office said.