Vermont § 2760 - Substantial State interest

§ 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.)