The Ohio Department of Agriculture (ODA) has released its rule on dairy labeling in the state, leaving some consumer groups and dairy companies who support rBGH-free labeling a bit confused. Last week Envirovore reported on Monsanto's effort to pull labels for rBGH-free (or rBST) labels in several states. Ohio is the most recent battleground for this debate.

Although the ODA's proposed rule (PDF) says that labels indicating the absence of hormones, such as "No Hormones," "rBGH free," and "rBST free" are "false and misleading," the department will approve labels making production claims, including "from cows not supplemented with rBST." Not surprising, this claim must be coupled with a U.S. Food and Drug Administration disclaimer (appearing in the same font, color, and size) stating, "no significant difference has been shown between milk derived from rBST-supplemented and non-rBST-supplemented cows." (The word choice is quite deliberate, as "supplemented" infers a health or food supplement rather than a genetically engineered drug.)

Governor Ted Strickland issued the emergency rule – effective immediately – through an executive order. This raises a series of questions for companies doing business in more than one state, especially those whose current labels are now technically illegal. (It's not like they can print new labels overnight.)

According to the ODA's press release (PDF), the emergency rule is in effect for 90 days. The department will hold a public hearing to allow stakeholders an opportunity to provide additional input. Stay tuned.
 

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