Food and Beverage News and Trends - February 24, 2026

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape.

FDA eases restrictions on “no artificial colors” claims. On February 5, the Food and Drug Administration (FDA) announced that companies will now have flexibility to claim products contain “no artificial colors” when the products do not contain petroleum-based colors. In the past, companies were generally only able to make such claims when their products had no added color whatsoever, whether derived from natural sources or otherwise. The agency sent a letter to industry providing notice of FDA’s intent to exercise enforcement discretion related to these voluntary labeling claims. The action is part of the agency’s effort to support the transition of the nation’s food supply from the use of artificial petroleum-based colors to alternatives derived from natural sources. Additionally, FDA also approved beetroot red, a new color option, and approved the expanded use of spirulina extract, an existing color additive derived from a natural source. These actions, initiated by two petitions, will further help the industry transition from petroleum-based food colors. FDA Commissioner Martin Makary, M.D., M.P.H., acknowledged that calling colors derived from natural sources “artificial” might hinder companies’ efforts to explore alternative food coloring options, stating, “We’re taking away that hindrance and making it easier for companies to use these colors in the foods our families eat every day.”

FDA launches reassessment of BHA, a common food chemical preservative. On February 10, FDA launched a comprehensive reassessment of the preservative butylated hydroxyanisole (BHA). The review will consider whether BHA is safe under its current conditions of use in food and as a food contact substance, based on the latest scientific information. As part of this reassessment, the agency issued a Request for Information (RFI) on the use and safety of BHA. FDA first listed BHA as Generally Recognized as Safe (GRAS) in 1958 and approved it as a food additive in 1961. It is used to prevent spoilage of fats and oils and can be found in products like frozen meals, breakfast cereals, cookies, candy, ice cream, and meats. While its use has declined in recent years, it remains present in many food products, including those marketed to children. The RFI seeks use and exposure information on the substance, including relevant food categories, typical and maximum use levels of BHA in foods, use and migration data on BHA in food contact materials, safety data, and documentation of GRAS conclusions or prior sanctioned uses. The agency describes its action as a “comprehensive reassessment,” indicating that the review will be a multi-year effort within its forthcoming post-market framework. FDA Commissioner Makary stated. "The scientific community has raised significant concerns about some chemicals currently in the food supply. Once we complete our assessment of BHA, we expect to conduct similar assessments for butylated hydroxytoluene, a synthetic preservative known as BHT, and azodicarbonamide – a chemical used in yoga mats and also used as a dough conditioner.”

Federal court issues injunction against Texas food warning label law. On February 11, the US District Court for the Western District of Texas issued a preliminary injunction against Texas SB 25, the Make Texas Healthy Again Act, which requires that foods sold at retail for human consumption in Texas feature a warning label on packaging that discloses the presence of 44 specified additives. Specifically, the required label will state: "WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.” The court decision was in response to a motion for preliminary injunction filed in December by the Consumer Brands Association, American Beverage Association, National Confectioners’ Association, and Food Industry Association arguing that Section 9 of the law violates the First Amendment by unconstitutionally compelling speech. The temporary injunction responds to this argument. The court found that the plaintiffs are “substantially likely to succeed” on their assertion that the Texas law is an unconstitutional form of compelled speech. While Texas has an “interest in supporting the healthiness of food sold in its state, it does not have an interest in enforcing a law that likely violates the First Amendment,” the court stated. Using the strict scrutiny standard, the court disagreed with the state’s argument that its “means directly and materially advance the substantial interest and finds that Section 9 is not narrowly tailored to the stated substantial interest” of “providing information on the possible dangers of food products.” The court did not opine on the plaintiff’s “void for vagueness” or “preemption” arguments. Texas is enjoined from enforcing the law, scheduled to take effect January 1, 2027, against the plaintiff organizations or their members while the case proceeds.

Texas plant-based meat labeling law is ruled unconstitutional; litigation against cell-based meat ban moves ahead. On January 28, the US District Court for the Western District of Texas struck down a Texas law involving labeling requirements for plant-based meat products, granting a motion for summary judgment filed by the Animal Legal Defense Fund (ALDF) on behalf of Tofurky and the Plant Based Foods Association (PBFA). The court found that Texas law SB 664 unconstitutionally violates the First Amendment. The law, which went into effect in 2023, required plant-based meat alternatives to include specific language on product packaging, such as “analogue,” “meatless,” “plant-based,” “made from plants,” or similar qualifiers, in a font size equal to or greater than the product name. “Instead of making it easier for shoppers to purchase the food items they want, Texas attempted to manipulate the market in favor of animal products by applying a different set of rules for plant-based meat options, making it more challenging and costly for these foods to reach consumers in the state,” said Michael Swistara, staff attorney at ALDF. Texas has not indicated whether it will appeal the ruling. Similar labeling laws in Arkansas, Louisiana, Missouri, and Oklahoma have been struck down. Also in January, the same court ruled that a lawsuit against Texas SB 261, which bans the sale of cultivated or cell-cultured meat in the state for a two-year period, may go forward. While the court denied the state’s motion to dismiss that lawsuit, it also denied the companies' request for a preliminary injunction, meaning SB 261 remains in effect while the case proceeds. See our earlier coverage of the SB 261 litigation here.

FDA advances FSMA 204 guidance and offers new exemption. On February 20, the FDA released updated Food Safety Modernization Act (FSMA) Section 204 guidance to help industry prepare for the Food Traceability Rule. The updated guidance addresses common implementation questions, including as recordkeeping requirements; clarifies applicability and exemptions; and reinforces FDA’s expectations for traceability records tied to foods on the Food Traceability List. It also provides clarification on determining whether a product qualifies as “fresh-cut” for purposes of inclusion on the List. On the same day FDA also published a notice exempting certain cottage cheese products from additional traceability record requirements.

FDA advances FSMA 204 stakeholder engagement. On February 20, the FDA announced a new FSMA Section 204 stakeholder engagement initiative, signaling FDA’s continued emphasis on readiness and practical compliance as the extended July 20, 2028, Food Traceability Rule compliance date approaches. The stakeholder engagement initiative focuses on education and collaboration across the supply chain to help support preparation and compliance with the Food Traceability rule. FDA will engage quarterly with regulated entities to better understand concerns and explore compliance options. The Partnership for Food Traceability (PFT) is organizing these meetings with FDA, and they plan to hold a series of listening sessions on these topics. The first session takes place on March 6, 2026, and will only be open to members of PFT, followed by a public session next quarter. FDA will announce additional sessions as they are scheduled.

Legislation to launch new Canada groceries and essentials benefit receives Royal Assent. On February 13, the new Canada Groceries and Essentials Benefit received Royal Assent, having passed in the Senate earlier in that day and the House of Commons on February 4. The benefit replaces and enhances the former GST Credit to provide increased financial support to low- and modest-income Canadians. The benefit includes a 25 percent boost for five years starting in July 2026 and a one-time enhanced payment this year, aiming to help offset rising costs for groceries and everyday essentials for more than 12 million Canadians. As with the old GST system, payments will be issued automatically by the Canada Revenue Agency.

FDA issues guidance on duration of antibiotic use in livestock. Almost 30 percent of all medically important antibiotics used on US food-producing animals have at least one indication (that is, an approved treatment use) without a defined duration. On February 12, FDA’s Center for Veterinary Medicine (CVM) issued Guidance for Industry (GFI) #273, specifically defining how long such antibiotics should be used on livestock in the US. Drug sponsors, the nonbinding guidance states, should revise drug labels “to include appropriate criteria regarding when to begin and end feeding of the antimicrobial drug.” The label should advise veterinarians on an approximate duration for the treatment as well as a maximum time limit. See the guidance here.

Canada launches new market diversification program to expand agri-food exports. The government of Canada has unveiled a Market Diversification Program under its AgriMarketing Program, investing $75 million over five years to help the agricultural and agri-food sectors expand into high-growth potential and non-traditional markets abroad rather than relying on traditional trading partners. The initiative prioritizes canola, pulses, pork, fish and seafood – key sectors lately affected by trade barriers – and aims to support export growth and resilience by connecting Canadian producers with emerging global market opportunities.

China extends anti-dumping probe on Canadian canola to March 2026. China’s Ministry of Commerce has extended its anti-dumping investigation into Canadian canola imports until March 9, 2026, due to the complexity of the case, but says it will issue a fair and final ruling once the review concludes. The probe, which stems from allegations of dumping, comes amid broader trade negotiations between China and Canada, including reciprocal tariff agreements reached during Prime Minister Mark Carney’s recent visit to Beijing, that aim to restore market access and reduce barriers for Canadian canola.

Consumer group petitions FDA to name the brands tied to foodborne illness outbreaks. On February 5, the public health advocacy group Stop Foodborne Illness submitted a petition to FDA urging it to adopt a policy of publicly disclosing the names of all companies associated with foodborne illness outbreaks, whether or not there is a related recall. Currently, FDA may withhold the identity of a company implicated in such an outbreak, unless a recall has occurred, when the agency determines the company name is “confidential commercial information” (CCI) under the Trade Secrets Act. The petition disputes this interpretation of the Trade Secrets Act, saying the act specifically defines CCI as information “which concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association.” Per the petition, disclosing brand names even when there is no recall could prompt consumers who were sickened by affected product to seek medical attention or report their illness to public health officials; alert people who may still have the food product in their homes; and incentivize companies whose names have been disclosed to redouble their food safety efforts. The petition argues that broader disclosure of the brand name of any company linked to a foodborne illness outbreak is consistent with FDA’s mission to protect public health and with the Administration’s commitment to “radical transparency.”

CFIA pauses proposed livestock traceability changes to allow more consultation. The Canadian Food Inspection Agency (CFIA) says it is pausing the publication of proposed amendments to livestock traceability rules under the Health of Animals Regulations so stakeholders have more time to understand and provide feedback. CFIA emphasizes that the changes are not yet finalized or in effect. The agency has stated that strengthening traceability, to improve tracking of animals through the supply chain and support faster disease response and food safety protection, remains a priority, and that transition periods and guidance will be included once the regulations are published.

Health experts challenge scientific basis of 2025–2030 Dietary Guidelines for Americans. On February 3, a group of researchers, doctors, and dietitians sent a letter to Health and Human Services Secretary Robert F. Kennedy, Jr. and Agriculture Secretary Brooke Rollins expressing concerns about the scientific basis of the recently released 2025–2030 Dietary Guidelines for Americans (DGA). The letter highlights scientific and procedural concerns related to the DGA. They further argue that the guidelines depart from the recommendations of the Dietary Guidelines Advisory Committee and instead rely on a Scientific Foundation. 

FDA hosts Expert Panel on Food Allergies. On February 25, FDA is hosting an Expert Panel on Food Allergies, featuring key FDA experts and other leading allergy authorities. The hybrid event will be held at the agency’s White Oak campus in Silver Springs, Maryland and will be live streamed over FDA’s YouTube channel; no registration is needed to view the live stream. For more information and to register for in-person attendance, visit this page. 

Investors commit $5 billion to boost Canadian agriculture and food innovation. A coalition of more than 20 investment organizations convened by Farm Credit Canada (FCC) has pledged CAD5 billion in new capital by 2030 to accelerate innovation across Canada’s agriculture and food sector, supporting ag-tech startups, productivity improvements, and long-term growth. The funding is intended to help scale breakthrough technologies, strengthen the food value chain and reinforce Canada’s leadership in agricultural and food innovation.

FDA sends letters reinstating NMN as a dietary supplement. FDA has sent letters to nicotinamide mononucleotide (NMN) manufacturers confirming that their ingredients have been reinstated as legal dietary ingredients. FDA excluded NMN as a dietary supplement in 2022 while the substance was being investigated as a drug. In response to a citizen petition from the Natural Products Association and the Alliance for Natural Health USA, in September 2025 the agency reversed its determination that the investigation of NMN as a drug precluded its use in supplements In December, FDA concluded that there is ample evidence showing NMN was marketed as a dietary supplement in the US before it was authorized for drug investigation, a conclusion that allows it to remain available as a supplement ingredient.

New bill seeks to affirm FDA preemption over dietary supplements. On February 4, Representative Nick Langworthy (R-NY) introduced the Dietary Supplement Regulatory Uniformity Act, which would amend the Federal Food, Drug and Cosmetic Act to expressly clarify and affirm FDA’s preemptive authority over dietary supplement regulation. “The bill prevents states from layering on conflicting requirements, while preserving a process for states to petition FDA if a legitimate, evidence-based local concern exists,” according to Langworthy’s announcement. In recent years, several states have considered or enacted laws restricting the sale to minors of certain dietary supplements. In 2025 alone, such legislation was introduced in Illinois, Maryland, Massachusetts, New Hampshire, Texas, Virginia, and Washington state. Dietary supplement industry groups have applauded the bill, saying a uniform federal standard would allow companies to formulate, label, market, and distribute products nationwide without redesigning compliance strategies on a state-by-state basis.

FSIS announces 2026 fee rates. USDA’s Food Safety and Inspection Service (FSIS) has announced the 2026 rates it will charge for providing voluntary, overtime, and holiday inspection and identification, certification, laboratory services, and export application fees. The rates being charged to meat, poultry, and egg products establishments as well as importers and exporters for these services, FSIS states, will largely remain the same as they were in 2025. The rate for laboratory services will actually decline. These rates went into effect on January 11, which marks the beginning of the first FSIS pay period for calendar year 2026. More information about the rates is available here.

Presidential proclamation increases Argentinean beef imports. On February 6, President Donald Trump signed a proclamation, Ensuring Affordable Beef for the American Consumer, which temporarily quadruples imports into the US of lean beef trimmings from Argentina. The proclamation authorizes an 80,000 metric ton increase for 2026 of lean beef trimming imports under the US tariff-rate quota, allocating the imports entirely to Argentina. The additional beef will be distributed in four quarterly tranches of 20,000 metric tons each, with the first tranche already distributed on February 13. The increase is part of the implementation of a broad US–Argentina trade agreement signed in late January which, Argentina’s Foreign Ministry stated, grants “an unprecedented expansion of preferential access for Argentine beef” to the US market. The National Cattlemen’s Beef Association called the development a “misguided effort” that will harm family farms and “do little to impact the price consumers are paying at the grocery store.” In early February, the USDA reported that the US cattle herd, despite a slight uptick in beef replacement heifers, is at its smallest size since 1951: 86.2 million head, with only 27.6 million of those beef cows. The 2025 calf crop, at 32.9 million head, was the smallest since 1941. 

Michigan, Oklahoma lawmakers propose allowing the sale of unpasteurized raw milk. Bills introduced to the Michigan and Oklahoma legislatures would ease those states’ laws on the sale of unpasteurized raw milk. Michigan HBs 5217 - 5219, introduced in November, are a suite of measures that would permit direct farm-to-consumer producers, such as farmers, to sell raw milk, provided the milk meets certain processing and labeling requirements. Retail outlets would not be allowed to sell raw milk. Oklahoma SB 2107, introduced in January, would allow sales of raw milk at produce stands and farmers’ markets. Oklahoma farms would also be able to advertise that they have raw milk for sale. All these bills would only affect in-state sales – FDA prohibits the interstate sale or distribution of raw milk for human consumption due to health concerns. In related news, on February 4, Idaho’s Central District Health announced it is investigating an outbreak of Shiga toxin-producing E. coli traced to unpasteurized raw milk. Among the nine people who have fallen ill in the outbreak are two children who at this writing remain hospitalized.

EPA forms PFAS coordination group. On February 6, the Environmental Protection Agency (EPA) announced that it is forming an internal coordinating group to accelerate research, regulation, and cleanup of per- and polyfluoroalkyl substances (PFAS) in the environment. The agency said the group will support efforts under the Toxic Substances Control Act to require additional safety data and limit harmful uses, expand research on PFAS compounds, and develop methods to measure industrial PFAS emissions. The initiative also includes work to control air emissions under the Clean Air Act, alongside ongoing actions under the Safe Drinking Water Act, Clean Water Act, and Comprehensive Environmental Response, Compensation, and Liability Act.

EPA reinstates dicamba, with strict restrictions, for 2026 registration in cotton and soybeans. On February 2, EPA announced it has approved three dicamba herbicide products for over-the-top (OTT) use on genetically engineered cotton and soybeans for the next two growing seasons. The approval includes safeguards that the agency is calling “the strongest environmental protections in agency history.” Dicamba is used to tackle so-called superweeds, like Amaranthus palmeri, fast-growing plants that have become resistant to other herbicides and that can swiftly destroy entire crops. EPA is requiring an extensive suite of mitigation measures for the use of dicamba, each designed to reduce drift, minimize volatility, and protect ecosystems. For example, the maximum application rate has been cut in half, reducing the total amount of dicamba in the environment, and doubled volatility reduction agents are required to reduce drifting off-target. In addition, legacy EPA restrictions on dicamba remain in effect. In 2024, the US District Court for the District of Arizona vacated EPA’s 2020 registration allowing over-the-top use of three dicamba-based products, citing "enormous and unprecedented damage" caused to surrounding areas as a result of dicamba drift – the second time a court had rejected EPA approval of the chemical.

Boar’s Head reopens production facility tied to fatal listeriosis outbreak. On February 2, Boar’s Head reopened its Jarratt, Virginia, production facility, which had been closed for nearly 17 months. The plant is regarded as the source of a 2024 Listeria outbreak that led to at least 61 hospitalizations and ten deaths in 19 states. As we reported in 2024, USDA inspectors had been warning at least as early as 2022 that the plant posted an “imminent threat” to health. Work to overhaul and sanitize the factory has been extensive. “That facility has literally been rebuilt from the inside out,” Chief Food Safety Officer Natalie Dyenson told the Associated Press. According to AP News, the reopening comes “even as recent inspections of another Boar’s Head plant in Petersburg, Virginia, documented sanitation problems similar to those that federal health officials said may have contributed to the fatal outbreak.” In an unusual move, FSIS inspectors (rather than state inspectors) are reportedly on site and will directly monitor plant operations for at least 90 days.

Poultry association petitions FDA and USDA on “pasture-raised” egg claims. On February 8, the American Pastured Poultry Producers Association (APPPA) announced it had submitted a dual citizen petition to both the USDA FSIS and FDA “urging the FDA to align egg labeling requirements for the ‘pasture raised’ claim with the existing USDA FSIS definition already used for meat and poultry.” USDA maintains a clear, enforceable definition for “pasture raised” when the claim is used on meat and poultry products, which includes eggs – a definition requiring that the majority of an animal’s life be spent on pasture. However, eggs fall under the jurisdiction of both USDA and FDA, and FDA does not currently apply the same definition as USDA does to shell eggs. The result is looser oversight of claims that eggs are pasture raised. The citizen petition urges FDA to adopt or align with the existing USDA FSIS definition of “pasture raised” for egg labeling, asking the agency to initiate rulemaking to establish that “pasture-raised” means laying hens producing eggs must spend more than 50 percent of their laying days on pasture, defined as “majority rooted vegetative cover.” Further, the petition seeks to clarify that time spent in stationary non-mobile barns, indoors, winter housing, dirt lots, or other non-vegetated outdoor areas shall not be counted toward the pasture-raised majority timeframe, and that the presence of doors or intermittent outdoor access alone shall not qualify a product for the “pasture-raised” claim. In a press release, APPPA says that current practices undermine price premiums and create unfair competition, as “large-scale operations benefit from marketing language that implies pasture-based practices without meeting the same expectations.”

CalRecycle issues proposed revisions to SB 54. California’s Department of Resources Recycling and Recovery (CalRecycle) has revealed the proposed revisions to SB 54, the sweeping measure that requires all single-use packaging and plastic food service ware in the state to be recyclable or compostable by 2032. The revisions are largely technical or procedural, clarifying public-comment and electronic-communication processes. But one substantive area has been significantly revised to clarify the scope of categorical exclusions for food and agricultural commodities subject to conflicting federal rules and the procedures for CalRecycle to recognize the exclusions. See our coverage in the latest issue of Horizon.

State agriculture departments ask USDA to allow local meat processors access to additional markets. On February 4, the National Association of State Departments of Agriculture (NASDA) adopted a policy amendment that calls on USDA to develop an additional pathway for selling products from state-inspected meat and poultry processing facilities across state lines. NASDA is encouraging USDA to either create a new FSIS program or modify an existing one that allows meat and poultry products processed at state-inspected facilities to enter interstate commerce, provided that the inspection services are “at least equal to” FSIS inspection services at federally inspected facilities. Currently, facilities inspected by states using "at least equal to" USDA FSIS requirements are held to the same standards as federally inspected facilities; however, their products are restricted to in-state commerce. "Allowing meat and poultry products from state inspected meat processors to be sold in interstate commerce is a win-win for everyone,” said NASDA CEO Ted McKinney. "With states' ability to conduct inspections on behalf of the federal government, saving federal resources, paired with states' close relationships with local processors, we have a unique opportunity to efficiently help small-medium sized processors expand their markets regionally” and provide more choices for consumers. See the NASDA policy amendment here.

New World Screwworm update.

• In late January, USDA Animal and Plant Health Inspection Service (APHIS) inspectors discovered New World screwworm (NWS) larvae in a horse that had been imported to the US from Argentina. The inspection took place at an equine import quarantine facility in Florida. The horse was promptly treated for NWS and at this writing is still in quarantine, being monitored until it is determined to be free of NWS.


• On February 5, FDA issued an emergency use authorization for Ivomec (ivermectin) as a 1 percent injection to treat NWS infestations in cattle. The injectable may be used in calves within 24 hours of birth, at the time of castration, or when a wound appears. Once the drug has been administered, the slaughter withdrawal period is 35 days. Ivomec is not authorized for use in female dairy cattle producing milk for human consumption, nor for calves that will be processed for veal.


• A sterile fly dispersal facility in Edinburg, Texas, became fully operational on February 9. The facility has the capacity to release up to 100 million sterile flies a week. USDA is also building a sterile fly production facility at the same location. The facilities are part of USDA’s larger plan, in cooperation with Mexico, to stop the spread of the destructive parasite into the US. As part of this plan, USDA reported this month that it has reviewed more than 42,000 flies lately captured in traps along the US–Mexico border; to date, none of the captured insects have been NWS.


• Meanwhile, on February 17, Julio Berdegué, Mexico’s Minister of Agriculture and Rural Development, visited the sterile fly biofactory being constructed in Metapa de Dominguez to review its progress. The facility, a collective effort involving Mexican state governments, livestock producers, and the federal government, is expected to become fully operational by the end of Q2 2026.


• NWS infests individual animals, not entire herds, Adis Dijab, DVM, the Veterinary Services Associate Deputy Administrator for APHIS, stated early this month. “When you talk about infection, there is a potential that every single animal is infected,” he said. But infestation is different: with NWS, only one animal in a herd may be affected; “you can check the rest of your animals and they can be fine.” This means that, should NWS be found in the US, APHIS will strive to avoid broad shutdowns, focusing instead on targeting affected zones, inspecting and treating affected animals, and setting out efficient pathways for operations to emerge from quarantine after inspection and appropriate treatment. Dijab also stated that the current pattern of NWS spread in Mexico – with a “pretty healthy number of cases” in southern Veracruz state, then the sudden appearance of cases far north in Tamaulipas – “clearly showed there was illegal movement” of cattle within Mexico. Dijab’s remarks came during CattleCon 2026, the annual convention of the US cattle industry.

Avian flu update.

• The H5N1 variant of avian influenza continues to strike agricultural operations around the world. In the 30 days before this writing, APHIS reports that more than 15.3 million birds have been affected in commercial operations in the US. Some of the most significant impacts have appeared in table egg layer operations in Wisconsin (affecting more than 2.75 million birds), Iowa (more than 5 million birds), and Delaware (more than a million birds).


• The state of Pennsylvania has updated its animal health laws, expanding the types of samples Certified Poultry Technicians (CPT) may draw to include those needed to test for avian influenza, opening up the CPT certification process to include those who are legally eligible to work in the US (rather than just US citizens), and offering training materials in Spanish. With these changes, Pennsylvania has added 211 additional CPTs to the state workforce so far this year. Pennsylvania is the sole US state with a dedicated funding program to help poultry operations recover from the impact of the virus.


• Early results from research being conducted at Texas A&M University are linking H5N1 infection to long-term reduced fertility in cows, and especially in heifers. The retrospective observational study, funded by APHIS, is analyzing on-farm records going back to January 2021 in affected dairy operations in three different US regions. The researchers, Jennifer Spencer and Juan Pinedo, extension dairy specialists with Texas A&M, told The Dairy Podcast Show that their work could help dairy producers “so they can understand if they might have to cull heavier to make sure that they’re managing this and replacing the cows in a timely manner – for sustainability of the herd and also to help maintain or improve their profitability.”