Kathleen Sebelius, in her last act as governor of Kansas before joining the Obama team as Secretary of Health and Human Services (which is in charge of the FDA and legalized rBGH to begin with) has vetoed Bill 2121 which would have prohibited labeling milk free of rBGH.
"House Bill 2121 contains a number of provisions relating to pesticide and fertilizer laws and fees as well as dairy inspection and dairy-related fees. Without these fees, Kansas could lose important programs that support essential agricultural business operations in our state. I urge the legislature to send me these components in an independent bill so I can affix my signature and the Department of Agriculture can effectively administer these programs," Sebelius said.
"However, the Bill before me also provides for changes in dairy labeling that could make it more difficult to provide consumers with clear information.
"The milk labeling provisions negatively impact a dairy producer's ability to inform consumers that milk is from cows not treated with recombinant bovine growth hormone (rBST).
"Supporters of the bill claim it's necessary to protect consumers from false or misleading information. Yet there has been overwhelming opposition by consumer groups, small dairy producers and retailers to this proposed legislation.
"Furthermore, I am concerned that patchwork labeling requirements that differ from state to state will make it too expensive, in an already troubled economy, to provide consumers with information regarding the dairy products they purchase.
"Therefore, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto HB 2121."
Jill Richardson writes about it here