2007 Minnesota Statutes

32.75 RECOMBINANT BOVINE GROWTH HORMONE LABELING.
    Subdivision 1. Definition. For purposes of this section and sections 32.103, 151.01, and
151.15, "recombinant bovine growth hormone" or "rBGH" means a growth hormone, intended for
use in bovine animals, that has been produced through recombinant DNA techniques, described
alternately as recombinant bovine somatotropin, or rBST.
    Subd. 2. Labeling. (a) Products offered for wholesale or retail sale in this state which contain
milk, cream, or any product or by-product of milk or cream, which have been processed and
handled pursuant to the requirements of this section, may be labeled: "Milk in this product is from
cows not treated with rBGH." Labeling of dairy products under this section which are offered
for sale within this state may also include an indication that the milk used is "farmer certified
rBGH-free." Products offered for wholesale or retail sale in this state need not contain any further
label information relative to the use of rBGH in milk production.
(b) The label described in paragraph (a) may appear on the principal display panel, as defined
in section 31.01, subdivision 22, of a packaged product, be conspicuously attached to the container
of a bulk product, or appear in any advertisement, as defined in section 31.01, subdivision 26, for
a product, including media advertising, or displays or placards posted in retail stores.
    Subd. 3. Affidavit; records. (a) A dairy plant purchasing milk or cream to be used in
products labeled pursuant to subdivision 2 shall require an affidavit approved by the commissioner
from producers supplying such milk. This affidavit must be signed by the producer or authorized
representative and state that all cows used in the producer's dairy operations have not and will not
be treated with rBGH, without advanced written notice of at least 30 days to the dairy plant.
(b) Dairy plants shall keep original affidavits on file for a period of not less than two years
after receiving written notice from the producer of anticipated rBGH use, as provided in paragraph
(a). These affidavits and corresponding records must be made available for inspection by the
commissioner. Dairy plants supplying milk or cream to a processor or manufacturer of a product
to be labeled pursuant to subdivision 2, for use in that product, shall supply a certification to that
processor or manufacturer stating that producers of the supplied milk or cream have executed and
delivered affidavits pursuant to paragraph (a).
    Subd. 4. Separation of nontreated cows and milk. All milk or cream from
non-rBGH-treated cows used in manufacturing or processing of products labeled pursuant to
subdivision 2, or milk or cream supplied by a producer under an affidavit pursuant to subdivision
3, must be kept fully separate from any other milk or cream through all stages of storage,
transportation, and processing until the milk or resulting dairy products are in final packaged
form in a properly labeled container. Records of the separation must be kept by the dairy plant
and product processor or manufacturer at all stages and made available to the commissioner
for inspection.
History: 1994 c 632 art 2 s 14