Utah Department of Agriculture and Food Position on Food and Dairy Labeling Proposed Rule

The Utah Department of Agriculture and Food (UDAF) is proposing to create an Administrative Rule to clarify the department’s regulatory responsibility to assure the public is treated fairly and honestly in the labeling and advertisement in the market place. The Department is committed to letting the consumer make an informed choice based on documented facts.

This rule is substantially based on the US Food and Drug Administration’s 1994 guidance on labeling. This proposed rule is very similar to regulations already promulgated in Ohio and Pennsylvania.

• This proposed rule aligns Utah law with federal FDA regulations on this issue.
• There is an increasing trend toward marketing food products in a way that falsely implies that similar products are somehow not wholesome or that they are even unhealthy. This proposed rule makes that marketing technique unacceptable.
• This proposed rule absolutely allows products to bear claims on their labels, but requires the full truth so that the consumer can make an informed purchase.
• Negative marketing is falsely implying a higher level of wholesomeness of some products. It often leads to unnecessary higher prices of those products.
• The proposed rule requires full disclosure on labels. It allows consumer to make informed purchases.
• The proposed rule does not prohibit companies from making claims about their product, so long as the complete facts are clearly presented.
  

Examples of acceptable language regarding milk labeling:

“From cows not treated with rbST. No significant difference has been shown between milk derived from rbST-treated and non-rbST treated cows.”

OR

“From cows not treated with artificial growth hormones. No significant difference has been shown between milk derived from cows treated with artificial growth hormones and cows not treated with artificial growth hormones.”

Posted February 28, 2008