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What are your thoughts on the new emergency rule on dairy labeling just released by the Ohio Department of Agriculture?

REYNOLDSBURG, Ohio - The Ohio Department of Agriculture (ODA) released and implemented a new rule on dairy labeling Thursday regarding recombinant bovine somatotropin (rBST), the supplement used to increase a cow’s milk production. The rule provides guidelines for the language that is permitted on labels and establishes a verification process for marketing organizations and labeling entities.

“After months of input from consumers and industry stakeholders this rule was developed to give guidance to the dairy industry to prevent mislabeled products,” Ohio Agriculture Director Robert Boggs said. “Our number one goal is to provide consumers with safe and healthy foods, and to offer clear and consistent information about the food consumers purchase. Ohio’s dairy labels will offer consumers information about how their food is produced.”

The department will approve labels if a claim that the milk is derived from cows not supplemented with rBST is verifiable. The claim must also include a contiguous, identically formatted U.S. Food and Drug Administration (FDA) disclaimer stating, “no significant difference has been shown between milk derived from rBST-supplemented and non-rBST-supplemented cows.”

Since there is no test to detect rBST in milk, the rule places the burden of verification on the marketing organization or labeling entity, which must be able to prove production claims are accurate through proper documentation. For instance, producer-signed affidavits, farm weight tickets and processing plant audit trails are among some of the supporting documents that must be readily available for ODA inspection.

“We expect marketing organizations and labeling entities to have verification systems in place to ensure consumers are receiving what is printed on the label,” Boggs said.

Consistent with OFBF

ODA’s decision is consistent with Ohio Farm Bureau Federation (OFBF) policy regarding food labeling, stating all food labeling claims should be science-based, while false and misleading labels, promotional materials or other advertising for food products should not be used.

David White, OFBF’s senior director of policy research and development, served on the advisory committee that made recommendations to Boggs for the ruling. He said OFBF is pleased with the ruling addressing the labeling issue.

“OFBF policy calls for there to be a scientific test to make food labeling claims, but since there is no scientific test to prove that rBST is in milk, asking processors, marketers and producers to take certain measures to validate production practices is the only method currently available,” he said.

Boggs said ODA wanted to ultimately make sure input was received from both sides of the issue. The first amendment was also taken into consideration. “We feel there is a commercial freedom of speech which must be upheld,” Boggs said in regard to processors’ rights to adhere labels differentiating their products.

“There is a right to commercial free speech,” said White, “and there is also an obligation to be truthful (through the rule). People want to know what is in their milk, and ‘absence’ labeling confuses and misleads consumers.”

The new ruling isn’t expected to quell concern from interested parties, as Boggs said some are worried producers using the FDA-approved production practice will experience a loss of market access as a result.

According to Boggs, ODA could have decided to adopt policy, but ultimately thought the issue was “important enough that it needed further consumer input.” “We want to give the public the opportunity to weigh-in on the rule,” he said in reference to the formal public hearing that will be held during the statutory rule-making process through the Joint Committee on Agency Rule Review.

Gov. Ted Strickland signed an executive order enacting the emergency rule, in effect for 90 days, which provides guidance to the dairy industry and helps interpret the existing laws that authorize ODA to take enforcement action if a dairy label contains false or misleading statements.

For more information on the executive order and emergency rule or for public comments compiled during a series of Dairy Labeling Advisory Committee meetings, go to www.ohioagriculture.gov . Milk producers and marketing organizations can contact the Dairy Division at 614-387-1094 or dairy@agri.ohio.gov .