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Ohio's dairy label rule upsets processors, retailers
Wednesday, March 12, 2008
REYNOLDSBURG — Many dairy processors and retailers are sour on making permanent a new state rule that cracks down on claims made on dairy labels, saying it would set the stage for a costly and "unworkable" patchwork of laws across the nation.
In testimony before the Ohio Department of Agriculture on Wednesday, March 12, Brendon Cull of Kroger said Ohio's rule makes it harder for the company to tell consumers Kroger milk no longer comes from cows treated with rbST, an artificial hormone that some farmers use to increase milk production.
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Kroger's label, which hasn't hit store shelves in Ohio yet, isn't compliant with an emergency rule issued by Gov. Ted Strickland in February that sets tougher standards for milk labels making rbST claims. Kroger's proposed label claim states its milk is from cows not treated with rbST. Its disclaimer notes the Food and Drug Administration has found no significant difference between milk from rbST-treated and untreated cows. The ODA rejected the label, noting a slight discrepancy in font size and the color of the background.
Bill Riley, general manager of Reiter Dairy in Springfield, whose milk label also was found lacking by ODA, said Reiter complies with the FDA's voluntary guidance, and said requirements need to be consistent from state to state.
"Our dairy products labels are truthful and we are not misleading anyone," he said.
Stacey Stater of Monsanto, the company that sells recombinant bovine somatotropin to farmers, supported the proposed rule, saying consumers can be misled by slick advertisements. The rule, also supported by some dairy farmers and the Ohio Farm Bureau, also grants processors some leeway in making label claims, she said.
But not enough leeway, said Jeff Dean, a small dairy processor near Newark. He said he stopped claiming his organic milk wasn't from rbST-treated cows. To meet the new rule, the disclaimer would take up too much label space.
"In essence, you've banned us from labeling at all," Dean told the ODA. "Now when a consumer goes and picks up a bottle of milk, they're even more confused."
Twenty-six people gave oral testimony Wednesday, and ODA has a stack of written comments two feet tall from "hundreds" of others, ODA officials said. The emergency rule remains in effect through May while ODA completes the statutory rule-making process through the Joint Committee on Agency Rule Review.
Contact this reporter at (937) 225-7457 or bsutherly@DaytonDailyNews.com.
