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House panel puts cap back on 'milk' definition

The 2018 Farm Act won approval from a House committee Wednesday, but not without some changes to a controversial provision banning the use of "milk" to describe plant-based products.

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Troxler with soy milk
By
Laura Leslie
, WRAL Capitol Bureau chief
RALEIGH, N.C. — The 2018 Farm Act won approval from a House committee Wednesday, but not without some changes to a controversial provision banning the use of "milk" to describe plant-based products.
In the version that passed the Senate, Senate Bill 711 would ban any product that doesn't come from an animal from being labeled and sold as "milk." All plant-based drinks, such as soy milk, almond milk and coconut milk, would be required to carry different labeling to be sold in the state by the end of 2018.

North Carolina would be the first state in the country to take that step. But supporters, including Agriculture Commissioner Steve Troxler, insisted it would not pose a burden on manufacturers of plant-based drinks because they're already banned from labeling their products as "milk" in Canada and many European countries.

However, the House Finance Committee saw things differently Wednesday.

Rep. John Szoka, R-Cumberland, filed an amendment that, while touting the state's support of the dairy industry, would keep the "milk" labeling restriction from taking effect until 11 other Southern states pass similar legislation, making it a regional compact.

"Sometimes, it’s good to be in the lead," said Szoka. "Sometimes, if you get too far in front, you look around, and there’s nobody behind you.

"I think it makes it very clear that we want to take the lead," he argued, "but I think we also have to take into account industry concerns."

The bill's sponsor, Sen. Brent Jackson, R-Sampson, argued against the amendment.

"I have no problem with North Carolina being the forefront on some things," he responded. "You requiring that the other states go into it before it becomes effective is unacceptable to me."

Rep. John Bell, R-Wayne, said requiring different labeling could expose the state to being sued for interference in interstate commerce.

"Changing a label for a region potentially versus a state," Bell said, "keeps us in a situation where we don’t become an outlier tied up in a lawsuit."

Other lawmakers couldn't resist a joke.

"Could we expect as an outgrowth of this that we would be addressing turkey bacon in the future?" asked Rep. Harry Warren, R-Rowan.

"I did wonder about Sundrop," agreed committee Chairman Jason Saine, R-Lincoln. "I’m not sure there’s any sun in it."

The amendment passed on a voice vote.

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