Pennsylvania Gov. urged to ensure consumers' right to know

November 29, 2007

Governor Edward G. Rendell’s Office
225 Main Capitol Building
Harrisburg, PA 17120

Dear Governor Rendell,

We, the undersigned consumers, dairy farmers, farm and agricultural organizations, public health, animal protection and environmental groups, food processors and retailers are writing to protest the recent Pennsylvania Department of Agriculture (PDA) action which would prohibit farmers from telling consumers that they aren't using artificial hormones on their dairy cows. In late October, PDA informed 16 dairies that they cannot use certain labels on milk as of January 1, 2008, including "Our farmers' pledge: no artificial growth hormones," "From cows not treated with the growth hormone rBST," and "free of artificial growth hormones."

We are opposed to this action for the following reasons:

-- This PDA action interferes with consumers right-to-know about the foods they eat. Many consumers prefer to buy milk produced by cows not treated with artificial hormones, as evidenced by the success in stores across the country of such milk. Consumers have a basic right to choose about the characteristics of the food they buy.

-- This PDA action represents a serious infringement on the free speech rights of farmers who want to inform the public about their agricultural practices. The PDA claims that these labels can be misleading because they cannot be verified by a test. However, many label claims, including "locally grown" or "Pennsylvania grown" also cannot be verified by a test, and the PDA does not object to them.

-- In 1994, after the US Food and Drug Administration (FDA) approved use of Monsanto's recombinant bovine growth hormone (rbGH), the FDA also said that the following label statement, in proper context, is acceptable: "from cows not treated with rbST." Earlier this year, Monsanto asked FDA and the Federal Trade Commission (FTC) to declare these labels to be misleading. In late August, the FTC wrote to Monsanto, "The FTC staff agrees with FDA that food companies may inform consumers in advertising, as in labeling, that they do not use rBST." Thus, the PDA's action contradicts long established federal policy on this matter.

-- The use of rbGH remains controversial and was not approved in Canada, Japan, and the European Union because of negative effects of rbGH use on animal health. Codex Alimentarius, the United Nations main food safety body, twice decided that it could not endorse the safety of rbGH for human health.

-- This new policy on the part of PDA was issued with limited opportunity for comment or input from consumers, dairy farmers, processors or the general public. This is a violation of basic democratic process.

We urge the state of Pennsylvania to rescind this poorly conceived policy which interferes with the rights of farmers, dairies and consumers and constitutes inappropriate government interference in the marketplace.

Milk processors that have signed this letter simply want to be able to respond with truthful labeling to these concerns expressed by consumers and their corresponding desire to buy milk that is from cows not treated with rbGH.

Yours,

Scott Roy, President
Boulder Ice Cream

Rodney Martin
Bridge View Dairy
Oxford, PA

Craig Winters, President
The Campaign

Carl Colteryahn III
Carl Colteryahn Dairy
Pittsburgh, PA

Charles Margulis
Center for Environmental Health

Kevin Golden, Staff Attorney
Center for Food Safety

John Stauber, Executive Director
Center for Media and Democracy

Christopher Waldrop, Director
Food Policy Institute
Consumer Federation of America

Mark A. Kastel
Cornucopia Institute

Melissa Hughes, General Counsel
CROPP Co-op/Organic Valley

Dean Sparks, CEO
Empire Organic
Greene, NY

Dan Silver, Executive Director
Endangered Habitats League
Los Angeles

John Peck, Executive Director
Family Farm Defenders

Gene Baur
Farm Sanctuary

Bill Wenzel, National Director
Farmer-to-Farmer Campaign on Genetic Engineering

Marty Mesh, Executive Director
Florida Organic Growers and Consumers

Wenonah Hauter, Executive Director
Food and Water Watch

Beth Weaver-Kreider
Goldfinch Farm CSA
York, PA

Jacqueline Ostfield
Food and Drug Safety Officer
Government Accountability Project

Carrie Hahn
Hahn Natural Foods
Pittsburgh, PA

Jamie Harvie
Health Food Workgroup Coordinator
Health Care Without Harm

Erica Liss
Humane Farming Association

Miyun Park, Vice-President
Farm Animal Welfare
Humane Society of the United States

Nicole G. Paquette, Interim CEO
Animal Protection Institute

Bridget Holcomb
Illinois Stewardship Alliance

Sylvia Zimmerman, President, Board of Directors
Innovative Farmers of Ohio

David Wallinga, Director
Food and Health Program
Institute for Agriculture and Trade Policy

Jeffrey Smith, Executive Director
Institute for Responsible Technology

John Knutson
J&B Dairy
Modesto, CA

Frederick Kirschenmann, President
Kirschenmann Family Farms
Medina, North Dakota

Debbie Palmer
Live Earth Farm
California

William Acquaviva
Livewater Farm
Westminster West, VT

Shirley Ayers
Martindale's Natural Market
Springfield, PA

Kim Seeley
Milky Way Farms
Troy, PA

Josh Bryceson—CSA Farm Manager
Minnesota Food Association
Joel Gill, President
Mississippi Livestock Markets Association

Heidi Lindroth
Moonglow Farms
Davis, IL

Katherine Ozer, Executive Director
National Family Farm Coalition

Sarah Gallo, Government Relations Representative
National Farmers Union

Sarah Janssen, Science Fellow
Natural Resources Defense Council

Ed Maltby, Executive Director
Northeast Organic Dairy Producers Alliance

Steve Gilman, Policy Coordinator
Northeast Organic Farming Association representing 7 states (NOFA-VT, NOFA-NH, NOFA-MASS, NOFA-CT, NOFA-NY, NOFA-NJ and NOFA-RI)

Babette Pareira
Oak Valley Dairy
Merced, CA

Liz Rog
Oneota Community Co-op
Decorah, IA

Preston Yoder
Ore Bank Farm
Belleville, PA

Tom Gleason, President
Oregon Ice Cream Company

Rick North, Project Director
Campaign for Safe Food
Oregon Physicians for Social Responsibility

Ronnie Cummins, Executive Director
Organic Consumers Association

Mark Lipson, Policy Program Director
Organic Farming Research Foundation

Caren Wilcox, Executive Director and CEO
Organic Trade Association

David Masur
PennEnvironment

James Browning, Director
PennPIRG

Francis Thicke
Radiance Dairy
Fairfield, IA

Timothy LaSalle, CEO
Rodale Institute

Ted Schettler, Science Director
Science and Environmental Health Network

Laurel Hopwood, Chair
Genetic Engineering Committee
Sierra Club

Gary Hirshberg, President and CEO
Stonyfield Farm, Inc.

Henry Tiffany
Tiffany Hill Farm
Weare, NH

Chuck Turner, Jr.
Turner Dairy Farms
Penn Hills, PA

Michael Prete, General Manager
Trader's Point Creamery
Indiana

Margaret Mellon, Director
Food and Environment Program
Union of Concerned Scientists

Phil Bereano
Washington Biotechnology Action Council

Jill Davies
Western Sustainable Agriculture Working Group
Victor, MT

Chuck Deichmann
Willow Creek Farm
Belmont, NY

George Wright
Wright Way Dairy
Hermon, NY

Brian Snyde
Pennsylvania Association
for Sustainable Agriculture (PASA)

On November 29, 2007, Consumers Union letter sent a similar to Governor Rendell; see below:

Dear Governor Rendell,

Consumers Union, publisher of Consumer Reports, is writing to protest the recent Pennsylvania Department of Agriculture (PDA) action which would prohibit farmers from telling consumers that they aren't using artificial hormones on their dairy cows. In late October, PDA informed 16 dairies that, as of January 1, 2008, they cannot use certain labels on milk including "Our farmers' pledge: no artificial growth hormones," "From cows not treated with the growth hormone rBST," and "free of artificial growth hormones."

We are opposed to this action for the following reasons:

-- This PDA action interferes with consumers right-to-know about the foods they eat. Many consumers prefer to buy milk produced by cows not treated with artificial hormones, as evidenced by the success of such milk in stores across the country. Consumers have a basic right to make choices about the characteristics of the food they buy.

-- This PDA action represents a serious infringement of the free speech rights of farmers who want to inform the public about their agricultural practices. The PDA claims that these labels can be misleading because they cannot be verified by a test. However, many label claims, including "locally grown" or "Pennsylvania grown," also cannot be verified by a test and the PDA does not object to them.

-- In 1994, approving use of Monsanto's recombinant bovine growth hormone (rbGH), after the US Food and Drug Administration (FDA) also said that the following label statement, in proper context, is acceptable: "from cows not treated with rbST." Earlier this year, Monsanto asked FDA and the Federal Trade Commission (FTC) to declare these labels to be misleading. In late August, the FTC wrote to Monsanto, "The FTC staff agrees with FDA that food companies may inform consumers in advertising, as in labeling, that they do not use rBST." Thus, the PDA's action contradicts long established federal policy on this matter.

We urge the state of Pennsylvania to rescind this poorly conceived policy, which interferes with the rights of farmers, dairies and consumers and constitutes inappropriate government interference in the marketplace.

Yours,
Michael Hansen, Senior Scientist
Consumers Union