H.R.4669 - Bovine Growth Hormone Milk Labeling and Residue Test Act103rd Congress (1993-1994)
|Sponsor:||Rep. Sanders, Bernard [I-VT-At Large] (Introduced 06/28/1994)|
|Committees:||House - Energy and Commerce|
|Latest Action:||House - 07/22/1994 Referred to the Subcommittee on Health and the Environment. (All Actions)|
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Text: H.R.4669 — 103rd Congress (1993-1994)All Information (Except Text)
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Introduced in House (06/28/1994)
[Congressional Bills 103th Congress] [From the U.S. Government Printing Office] [H.R. 4669 Introduced in House (IH)] 103d CONGRESS 2d Session H. R. 4669 To amend the Federal Food, Drug, and Cosmetic Act to require labeling for milk and milk products produced from cows which have been treated with synthetic bovine growth hormone, to direct the development of a synthetic bovine growth hormone residue test, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 28, 1994 Mr. Sanders (for himself, Mr. Andrews of Maine, Miss Collins of Michigan, Mr. DeFazio, Mr. Dellums, Mr. Engel, Mr. Foglietta, Mr. Gonzalez, Mr. Gutierrez, Mr. Hinchey, Mr. Johnston of Florida, Mrs. Kennelly, Mr. Kleczka, Mrs. Mink, Mr. Moran, Mr. Nadler, Mr. Oberstar, Mr. Obey, Mr. Olver, Mr. Owens, Mrs. Unsoeld, Mrs. Schroeder, Mr. Shays, Ms. Velazquez, Mr. Vento, Mr. Washington, and Mr. Yates) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Federal Food, Drug, and Cosmetic Act to require labeling for milk and milk products produced from cows which have been treated with synthetic bovine growth hormone, to direct the development of a synthetic bovine growth hormone residue test, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bovine Growth Hormone Milk Labeling and Residue Test Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Synthetic recombinant bovine growth hormone (in this section referred to as ``synthetic BGH'') is a product of genetic engineering and is the first food product of genetic engineering to be in direct widespread use in the consumer marketplace and to be ingested in significant amounts by infants and children. (2) Synthetic BGH injections in dairy cows result in a residue of synthetic BGH in the milk produced by injected cows. (3) Synthetic BGH injections of dairy cows result in increased levels of bovine insulin-like growth factor in the milk produced by injected cows. According to the American Medical Association and others, further studies are required to determine whether human ingestion of higher than normal levels of bovine insulin-like growth factor is safe. (4) Synthetic BGH injections result in a variety of health problems in injected cows, including significant increases in mastitis (an infection of the cow's udder that results in visibly abnormal milk). (5) The cow health problems resulting from synthetic BGH injections will result in a significant increased use of antibiotics in injected cows. Many of the antibiotics used to treat mastitis in dairy cows are not detected in the usual milk monitoring process. The Food and Drug Administration determined that synthetic BGH poses a ``manageable risk'' to consumers because of the increased risk of antibiotics entering the consumer milk supply. (6) Consumers are concerned about hormones and antibiotics in their food and humane treatment of animals and have shown overwhelming support for labeling of milk and milk products produced with synthetic BGH. (7) According to the Office of Management and Budget, synthetic BGH use will result in an increase in Federal budget costs of over $500,000,000 in the next 5 years and a decrease in overall dairy farm income of $1.3 billion dollars in that same period. (8) As of 1994, the European Community had a moratorium on the commercial use of synthetic BGH and the Canadian Parliament had recommended a similar moratorium. Australia and New Zealand, where one quarter of the world's milk is produced, refused to approve synthetic BGH. (9) Consumers have a right to know if the milk they consume has been produced with synthetic BGH. (10) Both States and individual companies have begun to take actions to label products produced with synthetic BGH. (11) Confusion surrounding label claims and regulations have resulted in lawsuits against States and companies who have implemented label programs. (12) There is a need for a common label to provide consumers across the country with a simple and accessible means of identifying milk produced with synthetic BGH. (13) A synthetic BGH residue test is needed to validate label claims in order to ensure consumers that the labels are truthful and not misleading. (14) A residue test is generally required when a drug is found to leave a residue in a human food product. (15) Scientific organizations, including the American Medical Association and the Consumers Union, have stated that a synthetic BGH residue test can be devised. Much of the preliminary research for a test has already been completed. Claims have been made that a test already has been successfully developed in a lab. SEC. 3. LABELING. Section 403 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: ``(s)(1)(A) If it is milk that-- ``(i) is intended for human consumption; and ``(ii)(I) is produced by cows that have been injected with synthetic BGH; or (II) has been commingled with milk produced by such cows, unless the labeling of the milk bears the following statement: `This milk was produced by cows injected with synthetic BGH.' ``(B) If it is a milk product that is intended for human consumption and is derived from milk described in subparagraph (A), unless the labeling of the milk product bears the following statement: `This milk product was derived from milk produced by cows injected with synthetic BGH.' ``(2)(A) A person who sells synthetic BGH, purchases the hormone, distributes the hormone, or injects the hormone into a cow shall prepare and maintain records that comply with the regulations issued by the Secretary under subparagraph (B). ``(B) Not later than 30 days after the date of enactment of this paragraph, the Secretary shall issue regulations that require-- ``(i) persons who sell synthetic BGH; ``(ii) persons who purchase synthetic BGH; ``(iii) persons who distribute synthetic BGH; and ``(iv) persons who inject synthetic BGH into cows, to create and maintain records that contain the applicable information specified in subparagraph (C). ``(C) Regulations issued under subparagraph (B) shall require records to contain a description of-- ``(i) the quantity and source of the synthetic BGH obtained (by manufacture, purchase, or any other means); ``(ii) the date on which the hormone was obtained; and ``(iii) the identity of each person to whom the hormone was sold or otherwise distributed, the cows into which any portion of the hormone was injected, and each person who has an operator or ownership interest in the cows. ``(3) Not later than 30 days after the date of enactment of this paragraph, the Secretary shall issue regulations that establish-- ``(i) requirements with respect to the sale, distribution, and administration of synthetic BGH; and ``(ii) such other requirements with respect to the use of synthetic BGH as the Secretary may determine to be necessary to carry out the objectives of this Act. ``(4) As used in this paragraph-- ``(i) The term `synthetic BGH' means-- ``(I) a substance described as bovine somatotropin, bST, BST, bGH, or BGH; and ``(II) a growth hormone, intended for use in bovine animals, that has been produced through recombinant DNA techniques. ``(ii) The term `cow' means a bovine animal.''. SEC. 4. RESIDUE TEST. (a) In General.--At the earliest possible date, the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs) shall develop a scientifically valid synthetic BGH residue test to-- (1) detect the presence of the residue of synthetic BGH in milk produced from cows injected with such hormone, and (2) assure compliance with section 403(s) of the Federal Food, Drug, and Cosmetic Act. After the test is developed the Secretary shall make the test available to public health and agricultural agencies of the States and commercially available at the lowest possible cost to dairy producers and processors. (b) Definitions.--As used in subsection (a): (1) The term ``synthetic BGH'' means-- (A) a substance described as bovine somatotropin, bST, BST, bGH, or BGH; and (B) a growth hormone, intended for use in bovine animals, that has been produced through recombinant DNA techniques. (2) The term ``cow'' means a bovine animal. <all>