By Ms. Flanagan of Leominster, petition (accompanied by bill, House, No. 747) of Jennifer L. Flanagan and others relative to the quality, safety or value of milk or milk products purchased in the Commonwealth.  Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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PETITION OF:

Jennifer L. Flanagan

Denise Provost

Christine E. Canavan

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In the Year Two Thousand and Seven.

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An Act relative to consumer protection.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 94A, Section 25 is of the General Laws is hereby amended by adding the following section:—

Section 25A          consumer protection from misleading and/or deceptive milk product labeling

(a) It is hereby declared that it is in the public interest that Massachusetts consumers are not misled about the quality, safety or value of milk and milk products purchased in the Commonwealth. The Commissioner shall investigate milk product labels such as “no antibiotics”, “no hormones”, “no pesticides”, “hormone free”, “not from cloned cows” and any other absence claims, pledges, or representations, including ”organic” to ensure they do not mislead consumers.

(b) The Commissioner may conduct consumer opinion surveys, among other things, to deduce consumers’ perceptions of milk and milk products.

(c) The Commissioner may request drug residue detect records from states and or milk processing plants where milk represented as “Organic”, as defined by the United States Department of Agriculture National Organic Marketing Program, is produced and shipped into the Commonwealth.

(d) The Commissioner may deem a milk product label “advertisements” as a representation disseminated within the Commonwealth and directed to Massachusetts consumers. In such case, the Commissioner shall confer with the Attorney General Consumer Protection Division on investigation, enforcement and sanctions under 940 CMR 6.00: Retail Advertising.