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ACT NO. 154

(S.73)

rbST Labeling

This act authorizes the voluntary labeling of milk and certain milk products as derived from cows not treated with recombinant bovine somatotropin (rbST), and establishes a process for state verification of such rbST-free claims. The latter process consists of provisions for:

- Filing claims by affidavit of non-rbST use by dairy farmers.

- Procedures by milk processors for segregating rbST-free milk.

- Permitted content of rbST-free labels and advertising.

- State inspection of farms and milk processing plants concerned.

- State investigation of suspected false rbST-free claims, including reliance in doing so on

the assistance of rbST suppliers, who are required for this purpose to register with the

state.

- Enforcement, including penalties for false claims.

- The rbST-free labeling of milk and milk products from other states or countries.

The act also elaborates the "substantial state interest" in adopting a state law governing voluntary rbST-free labeling and its verification, in a manner consistent with federal law and rulings of the U.S. Food and Drug Administration.

Effective Date: April 29, 1998, except that specific labeling requirements take effect July 1, 1998.