Section 2762 - Producer affidavit; voluntary labelingA milk handler may claim in the label on a container or package of milk, or of a dairy product offered for retail sale in Vermont, or in a written display at the point of sale of such milk or dairy product, that the milk or dairy product is derived from cows not treated with rbST, provided that:
(1) Producer affidavit. Each milk producer supplying the handler with milk to be so identified shall, by affidavit, notify the handler that milk sold to the handler is from cows that are not, and have not been within 90 days prior to the notification, treated with rbST, and swears that he or she will notify his or her handler at least 90 days before using rbST in the production of milk by such cows.(2) Handler affidavit. (A) The milk handler shall, by affidavit, notify the Secretary of the handler's practices adopted to ensure that milk from cows not treated with rbST is kept separate from other milk throughout the collection, transportation, and processing steps until the finished milk or dairy product is in final packaged form in a labeled container and swears that the handler will notify the Secretary at least 90 days before ceasing use of such practices.(B) A milk handler supplying another milk handler with milk to be identified shall, by affidavit, notify the receiving handler that milk sold to the handler is from producers in compliance with subdivision (1) of this section.(3) Context statement. The label or point-of-sale display shall contain a clear and conspicuous statement such as, "the U.S. Food and Drug Administration has not found a significant difference to exist between milk derived from rbST-treated and non-rbST-treated cows", or such other truthful and nonmisleading statement conveying reasons, other than safety and quality, for choosing to use milk or dairy products that have not had rbST used in their production.(4) Advertisement; point-of-sale display. A handler whose affidavit claims:(A) That all milk or dairy products marketed under a given brand name are derived from cows not treated with rbST, may state in an advertisement or in a point-of- sale display that the entire line of milk or dairy products with this brand name is derived from cows not treated with rbST.(B) That some milk or dairy products marketed under a given brand name are derived from cows not treated with rbST, but makes no such claim regarding other milk or dairy products with this brand name, shall in any advertisement of rbST free milk or dairy product, or in a point-of-sale display, identify the specific milk or dairy product or products with this brand name derived from cows not treated with rbST.Amended by 2022, No. 105,§ 117, eff. 7/1/2022.Added 1997, No. 154 (Adj. Sess.) , § 1; amended 2003, No. 42 , § 2, eff. 5/27/2003.