GREENFIELD, Mass. —The Organic Trade Association (OTA)
is appealing a Federal District Court ruling upholding Ohio’s
regulation that takes away consumers’ rights to receive truthful
information on dairy labels concerning the practices used to produce
those products. The regulation goes against increasing consumer
interest in knowing how their food is produced, and farmers’ rights to
accurately communicate their production practices to consumers.

“OTA believes consumers have a right to know how their food was
produced, and organic farmers and manufacturers should be allowed to
tell them,” said Christine Bushway, executive director of OTA, the
leading voice for the $24.6 billion organic industry in North America.

On March 30, 2009,
a Federal District Court in Ohio upheld an emergency rule enacted by
the Ohio Department of Agriculture that would have required labels to
include a disclaimer for dairy products produced from cows not treated
with recombinant bovine growth hormone. Subsequently, OTA filed a
notice of appeal to the U.S. Court of Appeals for the Sixth Circuit
concerning the order and opinion denying OTA’s motion for a preliminary
injunction that would have stopped Ohio’s emergency rule. After
receiving OTA’s notice of appeal, the court postponed enforcement of
the emergency rule until resolution of the appeal.

In order to qualify for the organic label, organic farmers are
prohibited from using synthetic growth hormones (rBGH), genetically
engineered organisms (GMOS), antibiotics and toxic, persistent,
synthetic pesticides. The standards also mandate a rigorous system for
inspection, certification and verification of organic practices, all of
which protect consumers who choose organic products.

“Even though the court’s decision upholds a restriction on
consumers’ right to know where their food comes from and how it is
produced, consumers who choose organic dairy products can still be
assured that the products have been produced without the use of
synthetic growth hormones, antibiotics or toxic, persistent
pesticides,” advised Bushway. She noted that the overwhelming majority
of Americans wants this information on product labels but will not see
truthful information on organic product labels as a result of Ohio’s
action. And that is why OTA is appealing.

In April, similar legislation to Ohio’s was vetoed in Kansas by then
Governor Kathleen Sebelius, now Secretary of the U.S. Department of
Health and Human Services. Sebelius vetoed the bill because such dairy
labeling would make it more difficult to provide consumers with clear
information and negatively impact dairy producers’ ability to inform
consumers of production practices they use.

Founded nearly 25 years ago, the Organic Trade Association (OTA)
is the membership-based business association for organic agriculture
and products in North America. Its 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 (www.ota.com).