Judge upholds ODa milk labeling rule
On March 30, Judge James L. Graham substantially equivalent claim) as long as who use small containers, although what ly filed an amicus curae brief in support
of the U.S. District Court for the (1) the labeling entity has verified that constitutes “small” is not defined in the of ODA’s rule. The Court noted, on the
Southern District of Ohio, Eastern the claim is accurate, and proper docu- order. This relates to the label require- first page of their written opinion, that it
Division, issued a ruling that upheld ments, including, but not limited to, pro- ment for a minimum seven-point font considered this information. 
nearly all of the Ohio Department of ducer signed affidavits, farm weight tick- size for some information. ODPA and Ohio Farm Bureau were
Agriculture’s dairy labeling rule. ets and plant audit trails, to support the The Court found “the Ohio rule, using actively involved in the development of
ODA issued its final rule in May 2008. claim, are made readily available to ODA the FDA guidance as a roadmap, strikes the the final rule, having members and lead-
The International Dairy Foods for inspection; and (2) the label contains, right balance between preventing mislead- ership serve on the rule’s advisory com-
Association and the Organic Trade in the same label panel, in exactly the ing information and providing enough mittee and testifying in support of it dur-
Association objected to the rule and filed same font, style, case, and color and at information for consumers to make an ing public hearings.
motions with the Court for summary least half the size (but no smaller than informed choice. The Ohio rule appropri- Since the order denied an injunction,
judgment on claims of constitutionality, seven point font) as the foregoing repre- ately prohibits misleading information by plaintiffs can appeal immediately, rather
interference with commerce, vagueness sentation, the following contiguous addi- banning misleading composition claims, than waiting for the court to resolve the
and supremacy. tional statement (or a substantially and encourages dissemination of accurate remaining issue of whether the dairy label-
The Ohio rule does not allow false equivalent statement): “The FDA has non-misleading production claims. The rule ing rule violates the First Amendment for
or misleading milk composition claims determined that no significant difference accommodates the interests of processors processors who use small containers.
such as “No Hormones,” “Hormone has been shown between milk derived who want to appeal to the organic market Plaintiffs notice of appeal will be due in 30
Free” or “rbST Free” because they can- from rbST-supplemented and non-rbST- and consumers who want to avoid milk days from the date in which Judge Graham
not be test verified, all milk contains supplemented cows.” from cows treated with artificial hormones issued his order.
hormones and such claims suggest a In his ruling, Judge Graham granted while at the same time protecting produc- Visit www.ohiodairyproducers.org/
health or quality difference that cannot ODA’s motion for summary judgment on ers of milk from cows treated with artificial alerts/docs/Order3302009.pdf for the
be scientifically proven. everything except whether Ohio’s dairy hormones from consumer confusion.” Court’s order, and the written opinion is
Labels can claim “this milk is from labeling rule violates plaintiffs’ First The Ohio Dairy Producers Association available at www.ohiodairyproducers.org/
cows not supplemented with rbST” (or a Amendment rights for those processors (ODPA) and the Ohio Farm Bureau joint- alerts/docs/IDFAvBoggs.pdf.
aCRe program enrollment underway
Enrollment for the Average Crop “This program allows farmers to accept a 30% reduction in loan rates for Agriculture (USDA) will accept applica-
Revenue Election (ACRE) program, choose the best method of protecting all commodities produced on the farm. tions for the program through Aug. 14.
which allows farmers to choose between their crops against low prices or To elect ACRE for a farm, producers Producers may elect to enroll in ACRE
traditional farm programs and a new natural disasters.” must complete Form CCC-509 ACRE, for the 2009 crop year even if they have
program that protects against drops in Growers have until Aug. 14 to make which irrevocably elects ACRE for the already accepted advance direct pay-
yield and prices, began April 27. their decision for the 2009 crop. USDA farm through crop year 2012. Form CCC- ments under the Direct and Counter-
“It is essential that we support our will not accept any late-filed applica- 509, the contract to participate in ACRE, Cyclical Program.
farmers in a responsible fashion,” said tions. Producers who chose to partici- must then be completed each year the To learn more about the ACRE pro-
U.S. Sen. Sherrod Brown (D-Ohio), who pate in the ACRE program forgo count- producer intends to participate and gram, visit a local Farm Service Agency
was instrumental in getting the pro- er-cyclical payments, accept a 20% receive benefits. (FSA) county office or visit
gram included in the 2008 Farm Bill. reduction of direct payments and The United States Department of www.fsa.usda.gov.
environmental stewardship, good
H-2a changes may be changing
neighbors honored at annual meeting
ByMattReeSe hire much-needed temporary workers.”
While its many opponents have long Stallman said the sudden change in pol-
considered the program less than ideal, the icy also is creating confusion for many
late 2008 revisions to the H-2A temporary farmers who have spent time learning the
worker program were hailed by many as a new rules, have already filled out applica-
positive step. tions and may well have contracts signed
“It streamlined H-2A. It wasn’t perfect, based on the provisions.
but it was an improvement,” said Adam “The existing regulations that DOL pro-
Sharp, Ohio Farm Bureau Federation poses suspending for nine months cut red
(OFBF) director of national affairs. “It was tape and make it easier to hire temporary
some of the most reasonable progress workers,” Stallman said. “One of the rules
made in that area in quite a while.” that DOL wants to suspend assures farm-
The OFBF, along with the American ers that wages required under the program
Farm Bureau Federation (AFBF), support- would be closer to those actually being
ed the new regulations passed as a final paid in the economy and that workers
rule under the Bush Administration on referred by state workforce agencies were
Dec. 18, 2008. Farmers that use the pro- authorized for employment in the U.S.
gram were starting to implement the new Doing away with this rule will clearly hurt
Environmental stewardship winners for the various segments of Ohio’s agricultural industry were recognized April
rules into their operations. With the advent a farmer’s bottom line during extremely
6 in Plain City at the Ohio Livestock Coalition annual meeting. Award winners, from the left, were: Steve Blienser
of the Obama Administration, however, difficult economic times.”
New Day Farms, LLC (Poultry); Rick and Jayne Young, Young’s Cattle Company (Beef); Ron Young, Buckeye Acres
the final rule was re-visited by the U.S. The AFBF letter also emphasized that
(Sheep); John Buck, Buck Farms (corn and soybean production); Ayers Farms Incorporated, Janet and Carl Ayers Department of Labor (DOL) that opted to DOL did not provide enough time for
(Dairy); and  Signature Pork, Kenny, Jerry and Dennis Niese (Pork).
suspend the new rules. AFBF wrote a letter public comment when it published the
to Thomas Dowd, administrator of DOL’s proposed rule in the Federal Register
Office of Policy Development and Research March 17, giving only 10 days for inter-
Employment and Training Administration, ested parties to submit comments.
in opposition to changing the changes. Customary procedures normally allow at
“We have heard nothing but opposition least 30 days for public comment. The
from growers in reaction to changes pro- shorter comment period did not provide
posed by the Department,” said Bob AFBF sufficient time to reach out to its
Stallman, AFBF president. “The H-2A rules members and seek feedback.
that the Labor Department wants to put on As it currently stands, the feedback
hold made several improvements in the collected during the brief comment peri-
Farm and non-farm residents exhibiting good neighbor relations also were recognized at the OLC annual meeting.
program. Farm Bureau is disappointed that od is being considered by DOL, and
Honored were: Kruggel Farms Inc., represented by John, Celia and Paul Kruggel, and Kyle Reusch (Neighbors of the
the department wants to suspend these AFBF is waiting on a more finalized deci-
Year). Kristin Frederick accepted the award on behalf of her mother, Ann (Non-Farm Resident Neighbor of the Year). rules that allow U.S. agriculture to legally sion, Sharp said.
6News • Ohio’s Country Journal • May 2009
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44