Quebec dairy farmers say they are "deeply disappointed" by the refusal of Canada's biggest cheese makers to accept a court ruling that upholds new federal cheese regulations.
"It's a big setback," says Marcel Groleau, president of the Quebec Federation of Milk Producers.
Saputo and Kraft Canada are appealing a ruling against their challenge of a new federal regulation that changes the standards for domestic and imported cheeses in Canada.
"It's hard to sit down with them and work together to develop plans for the development and commercialization of new products if they are still fighting the new rules," Groleau says.
The dispute began a year ago when Kraft, Parmalat and Saputo jointly filed an application with the Federal Court of Canada, challenging the new regulatory changes to the Food and Drugs Act and the Canadian Agricultural Products Act.
Under those regulations, which came into effect on Dec. 14, 2008, cheese makers are strictly limited in their use of natural constituents of milk -- widely referred to as modified milk, milk solids or dairy ingredients.
Specifically, cheese makers must use more full-fat milk and less modified milk, most of which is imported.
In their court challenge, the companies argued the regulations would increase their production costs, resulting in higher prices for consumers and threatening the competitive environment for Canadian cheese products.
"The regulations are bad for everybody," Lino Saputo Jr., Saputo's chief executive officer, said in an interview earlier this year. "They make no sense."
According to Saputo, his company has been using imported dairy solids to make cheese for more than 30 years.
In addition to helping to stabilize cheese and make more consistent product, he says modified milk helps lower production costs, enabling Canadian cheese makers to compete with international brands.
The regulation, adds Saputo, also force his company to change all their cheese recipes.
"It's infuriating," he says. "We pride ourselves on innovation and the development of new products (and) those efforts are being thrown out the window."
He says the regulation is intended to benefit dairy farmers, who are the cheese makers' principal suppliers, but claims the new rules will not have the desired effect.
"There may be some gains (for farmers) in the short term," Saputo says, "but if consumption goes down because of price increases, cheese makers will be buying less milk. We're not against dairy farmers, we're for cheese."
The cheese producers hope the Federal Court of Appeal will overturn the ruling and "protect the integrity and future of Canadian cheese."
But Groleau says he and Quebec's 13,000 dairy farmers disagree.
"Their appeal risks stopping our efforts to commercialize our (full-fat milk) surpluses," he says, adding they could generate as much as $40 million in revenues. "We need to stop arguing and move forward."



