DaytonDailyNews.com

REYNOLDSBURG — The Ohio Department of Agriculture has relaxed its limits on milk labels after receiving hundreds of comments from dairy processors and consumers.

Much of the debate about the department's Feb. 7 emergency rule has focused on some labels' claims that milk or other dairy products come from cows not given recombinant bovine somatotropin, or rbST. The Food and Drug Administration approved farmers' use of rbST in 1993, deeming milk from treated cows to be safe.

Despite that assurance, a fall 2007 survey of 3,000 Ohioans found 59 percent had misgivings about milk from cows supplemented with rbST. All milk contains hormones.

In its emergency rule, the ODA had allowed label claims such as "this milk is from cows not supplemented with rbST," but only when accompanied by a disclaimer of equal size stating that the FDA found no significant difference between treated and untreated cows.

That drew criticism from companies such as Cincinnati-based Kroger and Reiter Dairy in Springfield, which said Ohio's rule sets the stage for a costly and "unworkable" patchwork of labeling rules across the nation.

In response to that feedback, the new rule announced Tuesday, March 25, would allow disclaimers to be half the font size of the claims that milk was produced without the use of rbST. ODA Director Robert Boggs noted the disclaimer must still be next to the production claim. Processors in the past were "burying" their disclaimers on the back of the label in very small print, Boggs said. "I don't think that's a balanced and fair presentation of consumer information."

The department also clarified that it will allow accurate, verifiable claims about how a dairy product is produced. For example, claims that milk comes from cows not injected with antibiotics may appear on product labels.

Kroger spokeswoman Meghan Glynn said Kroger is pleased with the revised labeling standards, and was reviewing the revised rule's impact on the company's in-store brand labels. Since February, Kroger milk has come from cows not given rbST.

Lewis Jones, chief of ODA's dairy division, said Kroger's milk label does not yet comply with the revised rule.

Consumers Union, publisher of Consumer Reports, said the revised rule still interferes with free speech by banning claims it considers truthful, such as "rbST-free" and "no artificial hormones"

The department will host a public hearing on the revised rule at 10 a.m. April 8 at its campus at 8995 E. Main St. in Reynoldsburg.

Contact this reporter at (937) 225-7457 or bsutherly@DaytonDailyNe

ws.com.