December 15, 2008

UNFI Opposes Labeling Regulations Affecting Organic Dairy Products

UNFI believes the proposed regulations would prevent truthful production claims concerning the non-use of synthetic growth hormones, toxic pesticides and antibiotics on dairy labels.

On Dec. 2, 2008 Kansas Department of Agriculture held a public hearing on proposed Kansas Administrative Regulation 4-7-723. The proposed regulation would significantly impact and prohibit dairy producers which choose to make production claims concerning the non use of rBST on their labels.  Should this regulation become law existing milk and dairy product labels that do not comply would need to be brought into compliance in the state of Kansas. 
 
UNFI believes that this regulation would prevent truthful production claims concerning the non-use of synthetic growth hormones, toxic pesticides and antibiotics on dairy labels. UNFI believes the proposed rule would prevent dairy farmers and processors from truthfully communicating with retailers and consumers regarding federally regulated organic production practices. It would also prevent Kansan consumers from exercising full and free choice in determining which products they wish to purchase. 
      
The Kansas regulation provides no exception for certified organic dairy processors who are forbidden by federal law from treating their cows with rBST, nor does the regulation provide any exception for claims which are demonstrably true and verifiable.

The Organic Trade Association (OTA) provided testimony at the hearing and  argued that the proposed Kansas Administrative Regulation 4-7-723 violates the commercial free speech rights of certified organic dairy processors, is preempted by the Organic Foods Production Act, and impedes the free flow of commerce.
     
If any changes are made to the rule it will need to go back to the Attorney General's office for review and back out for public comment. All interested parties may still submit written comments to the Secretary of Agriculture, 109 S.W. 9th, 4th Floor, Topeka, 66612, or by e-mail at leslie.garner@kda.ks.gov. 

In 2007, the Indiana House had considered legislation similar to that proposed in Kansas that would have restricted dairy labeling claims, but that effort failed in the Indiana Senate.

Meanwhile, still pending is a ruling on a lawsuit brought by OTA earlier this year in Ohio challenging Ohio’s emergency dairy labeling regulation that excessively limits organic dairy manufacturers’ ability to provide truthful and non-misleading information to consumers on dairy product labels.