2008 Press Releases
Organic Trade Association presents stance at Kansas hearing
News Release
For Immediate Release
Contact: Barbara Haumann
413-376-1220
Organic Trade Association presents stance at Kansas hearing
OTA opposes labeling regulation affecting organic dairy products
GREENFIELD, Mass. (Dec. 2, 2008)—The Organic Trade Association (OTA) today provided testimony in Kansas opposing a proposed state regulation that would prevent truthful production claims concerning the non-use of synthetic growth hormones, toxic pesticides and antibiotics on dairy labels.
Speaking on behalf of OTA, Laura Batcha, OTA’s Public Relations Director, told the Kansas Department of Agriculture, “The proposed rule prevents dairy farmers and processors from truthfully communicating with retailers and consumers regarding federally regulated organic production practices. It also prevents Kansan consumers from exercising full and free choice in determining which products they wish to purchase.” She added, “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.”
OTA’s testimony 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.
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. The Indiana State Department of Agriculture then set up a working group to further explore the issue. The working group held two public meetings during 2008 on whether Indiana should impose restrictions on dairy labeling. Speaking on behalf of OTA at the second meeting, Steve Harrold of OTA member company Caito Foods explained that organic practices are verifiable through the certification process regulated by the U.S. Department of Agriculture and that organic products should be exempt from any proposed rule.
On Nov. 25, the Indiana State Department of Agriculture’s Milk Labeling Work Group issued a report recommending that the state keep its current dairy labeling as is. It further recommended that the Indiana General Assembly adopt a joint resolution urging the U.S. Food and Drug Administration to revisit dairy labeling requirements on a federal level to prevent the creation of a patchwork of regulations among states on the issue.
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.
The Organic Trade Association (OTA) is the membership-based business association for organic agriculture and products in North America. Its approximately 1,700 members include growers, shippers, processors, certifiers, farmers' associations, distributors, importers, exporters, consultants, retailers and others. OTA's mission is to promote and protect the growth of organic trade to benefit the environment, farmers, the public and the economy.
Headquarters: PO Box 547, Greenfield, MA 01302 USA • (413) 774-7511 • fax: (413) 774-6432 • www.ota.com
Canada: PO Box 6364, Sackville, NB, Canada E4L 1G6 • East (613) 482-1717 • West (250) 335-3423
