I recently attended the Northeast Dairy Foods Association’s annual conference in Schenectady, New York. It was an opportunity to share the positive things that are happening in the Pennsylvania dairy industry and to share my thoughts on how we need to do a better job of working together to solve industry-wide problems.

Imagine my surprise and disappointment when I arrived home to discover that the Pennsylvania Milk Marketing Board is being harshly criticized for enforcing the law. Granted, we have recognized that the portions of the law in question regarding licensing of small farms may be outdated. As indicated in last week’s column, we are examining what can be done immediately and what will take a much longer to change.

We have suspended efforts to license small producer-dealers at this point until we work through issues with paperwork and reporting requirements. And, of course, there is the issue of what types of dealers may be exempt from licensing. What those who are complaining might not realize is that what we require is part of existing law and regulation.

Why do some people believe that PMMB is different than any other government agency — local, state or federal — that is mandated to enforce relevant laws and regulations? I often use our tax agencies as examples when having this discussion. Would I be able to contact the federal IRS and indicate I won’t file my taxes because I think the paperwork is too much?

Could I refuse to register my vehicle because it costs too much?

The answer to both of those questions is, “Yes,” but the respective agency could and would exercise its authority to enforce the laws and hold me accountable, usually with some penalties and fines associated with my refusals.

We are no different. Really. There is the Milk Marketing Law, Milk Marketing Regulations, the Milk Producers’ Security Act, and Official General Orders issued by the board that staff must work to enforce as part of our daily work activities. These laws include who must be licensed to operate in the commonwealth, and what types of information the board needs to collect as part of the licensing and reporting process.

I believe the board staff has acted sensibly and compassionately in many situations in which we have had to consider individual circumstances of both large and small farms and processing operations. We have been sensitive to personal and family crises, financial hardships, and certainly business disruptions during the pandemic. Our board and staff reacts quickly in any instance requiring attention and makes concessions whenever possible within the law.

The current situation that has evolved with licensure of farms that also operate as dealers is something we are prepared to deal with in the appropriate way. We have already implemented the actions we believe will enable us to examine the law and regulations to determine the best course of action going forward. As noted in last week’s column, any changes to the law and/or regulations will take upwards of 24 months and possibly longer.

The unfortunate part of the current controversy is that board staff have been pursued aggressively to make immediate changes to the law and regulations. This is not possible, and even changing our licensing and paperwork requirements to the extent we can at this time is going to require study and good decision making.

I have made the statement when questioned that “the law is clear.” The law is something not debatable. Knowing that, we cannot be expected to violate the very laws that we are mandated to enforce.

My hope is that cooler heads will prevail and that our small producer-dealers will know that we are trying to do our jobs but are sensitive that their needs may require that it be done in a different way — just not differently overnight.

I also hope that those in the dairy industry who have issues with what we do can recognize that our staff is tasked with enforcing the law and regulations. We are not a group of people who are arbitrarily attempting to be unreasonable or argumentative with anyone, certainly not our small farmers or processors.

We will, however, work with people in a logical and legal process to solve issues as they arise. I think those individuals and companies that have worked with us in the past will attest to that.

PMMB is always available to respond to questions and concerns. I can be reached at 717-210-8244 and by email at chardbarge@pa.gov.

The Pennsylvania Milk Marketing Board provides clarity on dealer licensing. 

The debate on over-order premiums in Pennsylvania may be contentious, but there are still plenty of positive aspects to cheer on in the Pennsylvania dairy industry.

The Pennsylvania Milk Marketing board lays out its plans for the summer and how they will affect dairy farmers. 

The Pennsylvania Milk Marketing Board is committed to helping all dairy farmers, regardless of which side they might fall on policy debates.

Carol Hardbarger is the secretary of the Pennsylvania Milk Marketing Board.

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