Relates to the use of an official state of New York quality trademark for milk and milk products

Summary of provisions

Section One of the bill amends Section 254 of the agriculture and markets law to require the Commissioner of Agriculture and Markets to apply to the United States Patent and Trademark Office for registration of a certification trademark or trademarks consisting of the seal of the State, the words "New York" This trademark may only be used on milk and milk products within the State that are in compliance with said articles.

Section Two of the bill amends the agriculture and markets law by adding a new section 257-b:

* Definition section

* States that the Agriculture and Markets department shall adopt rules permitting the use of a certification trademark for Grade A milk" These rules shall require that such trademark can only be used relating to the milk of cows free from synthetic rbST.

* Rules will require a requirement that the department receive written consent from producers to draw blood from their milking herd, examine historical milk production records, inspect medicine storage places and perform other inspections reasonably necessary to verify compliance with the trademark criteria"

* If milk producer decides to use synthetic rbST, it must give the department 45 days written notice of such intended use.

* Establishment of rules for milk producer to apply for trademark.

* Commissioner may suspend or revoke license of those not in compliance with this article.

Existing law

New bill.

Justification

Many states, including New York, have introduced legislation which would require a simple labeling of synthetic rBGH-free products. Yet this is no guarantee to consumers that the products they are using

are synthetic rBGH-free and many times synthetic rbST and rbST-free products are commingled. Further, the Monsanto corporation, who produces and. sells synthetic rbST is aggressively lobbying states to ban the use of labeling or to issue disclaimers on packages stating that the Federal Food and Drug Administration (FDA) indicates "there is no significant difference in milk from cows treated with artificial growth hormone." It is clear that in New York, the only way to protect consumers from synthetic rbST products is with an official Agriculture and Markets trademark seal."

In February, 2007 Monsanto wrote a letter to the Federal Trade Commission (FTC) complaining about rbST labeling adversely effecting Monsanto's rbST products and called for a special commission to investigate "deceptive advertising and labeling practices."

The FDA approved synthetic rbST in 1993, under strong opposition from scientists, farmers and consumers. The effects of synthetic rbST have never been fully studied. The FDA relied solely on one study administered by Monsanto in which synthetic rbST was tested for 90 days on 30 rats, The study was never published, and the FDA stated the results showed no significant problems.

A European Union scientific commission showed that the use of rbST increased health problems in cows and that synthetic rbST should not be used. Monsanto's own studies indicate the use of rbST in cows increases bovine insulin-like growth factor 1 in milk. (IGF-1) Independent studies have found links between serum levels of IGF-1 and some medical conditions including breast, prostate and colorectal cancer, a higher risk of diabetes, a shorter lifespan in animal studies and has been linked to an increased number of twins born to humans. Synthetic rbST milk contains higher levels of pus, bacteria and antibiotics.

The European Union, Canada, Japan, Australia and New Zealand have all banned the use of synthetic rbST...due to numerous animal and human health concerns... Yet Monsanto is using aggressive and deceptive lobbying practices to continue to sell synthetic rbST in the United States

Currently the State of Maine requires this practice for all of their dairy products.

Legislative history

New bill.

Fiscal implications

To be determined.

Local fiscal implications

To be determined.

Effective date

180 days after it shall have become law.