§ 2760. Substantial State interest

(a) Role of state government. The Vermont General Assembly finds, as does the U.S. Food and Drug Administration, that the states under our federal system of government have traditionally undertaken the role of overseeing milk production. The Vermont General Assembly also finds that the intent of the U.S. Food and Drug Administration is to rely primarily on state governments to validate rbST labeling claims regarding milk and dairy products and to ensure that such claims are truthful and not misleading.

(b) State policy. It is the policy of this State:

(1) that Vermont citizens should have an opportunity to choose to consume milk or dairy products that have not had rbST used in their production (“rbST-free”), based on truthful and nonmisleading product labeling;

(2) that Vermont dairy product manufacturers who want to sell rbST-free products in Vermont or out of state should be able to do so, based on a State-sanctioned process for certifying rbST-free labeling claims;

(3) that the economic health and vitality of the Vermont dairy industry is critical to the health of the overall Vermont economy, which depends in part on the high reputation of Vermont farmers and their dairy products, and the associated goodwill toward other Vermont enterprises, and that this economic asset should not be jeopardized by consumer doubts about the integrity of Vermont milk or dairy products caused by false, misleading, or unverifiable rbST-free labeling claims; and

(4) to support the right of Vermont dairy farmers to choose to use rbST, and of rbST manufacturers and suppliers to sell their product to Vermont dairy farmers.

(c) Substantial State interest. Therefore, the Vermont General Assembly:

(1) finds a substantial State interest in ensuring the availability of milk and dairy product labeling information that is accurate and nonmisleading, and in which Vermont and out-of-state consumers can place their confidence; and

(2) seeks to serve this interest through this subchapter by:

(A) authorizing a program of voluntary labeling of milk and dairy products that have not had rbST used in their production; and

(B) providing for the verification of claims that rbST has not been used in the production of milk or dairy products offered for sale in Vermont; but

(C) without unduly intruding into the businesses of Vermont dairy farmers who choose to use rbST, or of rbST manufacturers or suppliers who choose to sell their product to Vermont dairy farmers. (Added 1997, No. 154 (Adj. Sess.), § 1, eff. April 29, 1998.)