No Good Deed Goes Unpunished

Barnie Day


 

 

Got Milk?

 

Virginia will always have milk in grocery stores, but it may not be long before we lose our dairy farms. The regulatory system supporting milk producers seems broken beyond repair.


 

Here’s a conundrum for you. Virginia is a net importer of milk. We don’t produce enough for our own consumption. Yet Virginia dairy herds are diminishing in record numbers. Our dairymen, caught in a nightmare of government regulation and at the mercy of a Byzantine price-fixing system that dates back to the Great Depression, are in a life-and-death struggle. Many are going under. Supply and demand considerations typically associated with free market theory have little to do with it. Nor does quality. Nor efficiency. 

 

The precipitous decline of this major industry in Virginia is sobering. According to the Virginia Farm Bureau Federation, Virginia’s milk production fall-off in 2003 was tops among the 20 top milk producing states in the nation.

 

Hardest hit are smaller operators. Says Tony Banks, an assistant director of the Virginia Farm Bureau Federation’s Commodity/Marketing Department in a December 11, 2003 release: “What we’re seeing is consolidation. Larger dairy producers are taking over the smaller producers because prices are low and production costs are high. The smaller producers can’t afford to stay in business, so herds are being bought, creating larger ones.”

 

But that’s not the whole story. There are 9,000 fewer dairy cows in Virginia than there were one year ago. 

 

Says Banks: “Average milk production for herds is increasing because lesser-producing cows are being weeded out as herds are consolidated.”

 

Many of the marginal animals wind up on the beef market. Such was the fate of the "mad cow" from Washington state that sent recent shock waves through the international beef industry.

 

But even large operators in Virginia are stressed, many to the breaking point. I have personal knowledge of one Virginia dairy farm — one of the largest in the state and a top-five farm, out of more than 900, in terms of herd average, an expression of pounds of milk produced per cow — that lost three cents per pound on every pound of milk it shipped during the year just ended. That farm shipped more than eleven million pounds of milk last year. Do the math.

 

Says the Farm Bureau in the December 11 release: “Applying the laws of supply and demand, one might think with less milk on the market, dairy farmers are getting record high prices. But that’s far from accurate this year. Farmgate milk prices have never been so low for so long.”

 

(By the way, dairy farmers refer to that "farmgate" price as the ‘mailbox’ price. It is the net payment they receive when the check hits the mailbox.)

 

Fauquier County dairyman Raymond Schrock got out of the business in February of last year. Said he in a story reported by Don Rosso, a staff writer with www.citizenet.com:

 

“Expenses became greater than the income. Milk is cheap. That’s the worst part. They don’t pay us hardly anything for it anymore.

 

“It was less than $12 a hundred pounds (under $1 a gallon) when I got out. And I can’t make milk for $12 a hundred pounds. It costs more than that.” Shrock says he lost $5,000 a month for the past couple of years.

 

Demand is up, supply is down, yet prices are on the floor and Virginia dairymen are leaving the field in record numbers. There is something wrong with this picture.

 

Says Fauquier extension agent Keith Dickenson in the same write-up: “The typical dairy farm is operating at a loss.”

 

And this from Chris Galen, a spokesman for the National Milk Producers Federation, based in Arlington, again, from the same article: “The bottom line is that supply and demand are out of balance. Even the most efficient farms are having a hard time. You’re dipping into your equity because you’re not making enough money.”

 

Yet Virginia imports milk. We’re drinking out-of-state milk while our farmers go under. What’s with that? Well, it’s complicated. You have to go back to the 1920s run-up to the Great Depression. 

 

The rise of the corporation on the industrial side of the American economy had no real equivalent in agriculture until passage of the Capper-Volstead Act on October 18, 1922 .

 

Sometimes referred to as the "Magna Carter of Cooperatives," that piece of legislation, named for Senator Arthur Capper, of Kansas , and Congressman Andrew Volstead, of Minnesota , was a seismic event in American agriculture.

 

The short version is this: Capper-Volstead gave "associations" of persons producing agriculture products certain exemptions from anti-trust laws, specifically the Sherman Anti-Trust Act, the Clayton Anti-Trust Act and the Federal Trade Commission Act.

 

Said Volstead in the 1921 Congressional Record:  “Business men can combine by putting their money into corporations, but it is impractical for farmers to combine their farms into similar corporate forms. The object of this bill is to modify the laws under which business organizations are now formed, so that farmers may take advantage of the form of organization that is used by business concerns.”

 

Translation: "We’re from the government and we’re here to help you."

 

To be fair, it did help, immensely. At the time, chaos reigned in American agriculture and that legislation, and lots of derivative legislation since then, provided an enormous measure of stability to the agricultural marketplace. But there were, and are, strings attached. There always are. And this was no exception. Capper-Volstead marked the absolute end of any notion of a free market in American agriculture.   

 

What were the strings? Quotas. Price-fixing. And on and on and on. You get the drift.

 

Close to home, one offshoot of the landmark legislation was the creation of the Virginia State Milk Commission in 1934.

 

Dairying is big business in Virginia. How big? The value of the milk production alone is more than $300 million annually. Ancillary support aspects add hundreds of millions to that. The industry employs thousands. We all benefit from it, whether we drink the stuff or not.  A North Dakota State University study found that every dollar a farm grosses is worth $5 to $7 dollars to the local community and that every time a dairy farm is lost, the cost to the local community is in excess of $2 million annually.

 

And dairying is pervasive in Virginia. Rockingham County leads the state, by far, followed in order by Augusta, Franklin, Fauquie, Washington, Wythe, Culpeper, Bedford, Grayson and Montgomery.

 

Milk is a tricky product, trickier than most, simply because it is so perishable and, as a consequence, has such a short shelf life. That constraint dictates others. You have to keep it cold. You can’t, practically speaking, haul it but so far. Long-term, you can only store it in by-product form: cheese and butter. And there is another, unique, aspect to milk: a steady, stable, affordable supply of it is in the "national interest."

 

Put those characteristics in a room full of folks prone to legislate everything under the sun and let that process run for 75 years or so and you get what we have today — an almost unfathomable hodge-podge, a quagmire of rules and regulations that govern every single aspect of this basic commodity.

 

James Thompson and Frank Edwards, economics professors at Murray State University, identified a number of "legacies" of such policies in a recent Cato Institute publication. Among their findings: Current policy encourages an overproduction but under consumption of dairy products and creates a misallocation of the nation’s resources.

 

Says the Web page for the Virginia State Milk Commission:

 

“The Virginia State Milk Commission exists to ensure that the citizens of Virginia have a constant, available and reasonably priced source of fluid milk.  The agency achieves this mandate through the application of regulations promulgated to regulate, control and supervise the dairy industry in Virginia.  The Commission’s narrowly focused legislative mandate limits agency programs to those directly affecting the production, storage, transportation, and marketing of milk. The agency can and should always identify and pursue more effective and efficient processes of service delivery. Activities of the Commission, although narrowly focused in scope, parallel those of the Governor in that they are managed to be as least intrusive as possible, limited in size and reach, and effective management of the program avoids federal intervention into state economic agricultural matters.

 

“In order to achieve the mission, a viable dairy industry must exist. The key element to a viable dairy industry is a known competitive producer price and an effective audit program which determines that all processors pay the same price for the same class of milk, and the producers of milk receive an equitable payment for the utilization of their production.”

 

You know that gallon of milk you pick up at the grocery store? Whatever you pay for it — and some stores use milk as a loss-leader — know that the farmer gets about half of that.

 

What drives milk prices in Virginia? Not demand. Not consumer perceived value, or willingness to pay. It's the spot market in Wisconsin and Minnesota — the dairy capital of the world. Essentially, it is that price plus a differential representing transportation costs to any given market area from Eau Claire, Wisconsin.   There are some tweaks made to that — the Virginia State Milk Commission uses six — things like tax rates, average feed price per ton, average prevailing wage rates, and so on. But for the most part, Virginia dairy farmers are at the mercy of average spot market prices in Wisconsin and Minnesota. Which is why a gallon of milk costs about the same, no matter where you go.  

 

Here’s the thing, though. This system we have now is not working. A "viable" milk industry does not exist in Virginia today. Our farmers are not receiving "equitable" payment for their milk. This is not a slam on the Virginia State Milk Commission. It is simply a statement of fact. Our dairymen are at risk. When they’re at risk, the whole shebang is at risk. 

 

-- January 5, 2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact Information

 

Barnie Day

604 Braswell Drive
Meadows of Dan, VA
24120

 

E-mail: bkday@swva.net