I

103D CONGRESS

2D SESSION H. R. 4618

To authorize the Secretary of Agriculture to impose labeling requirements

for milk and milk products produced from cows which have been treated

with synthetic bovine growth hormone, to amend the Agricultural Act

of 1949 to require the Secretary of Agriculture to reduce the price

received by producers for milk that is produced by cows injected with

synthetic bovine growth hormone, to direct the Secretary of Health

and Human Services to develop a synthetic BGH residue test, and

for other purposes

IN THE HOUSE OF REPRESENTATIVES

JUNE 21, 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, Mrs. MINK, Mr. MORAN, Mr. NADLER, Mr. OBERSTAR,

Mr. OBEY, Mr. OWENS, Mrs. UNSOELD, Mrs. SCHROEDER, Mr. SHAYS,

Ms. VELA ́ZQUEZ, Mr. VENTO, Mr. WASHINGTON, and Mr. YATES) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To authorize the Secretary of Agriculture to impose labeling

requirements for milk and milk products produced from

cows which have been treated with synthetic bovine

growth hormone, to amend the Agricultural Act of 1949

to require the Secretary of Agriculture to reduce the

price received by producers for milk that is produced

by cows injected with synthetic bovine growth hormone,

to direct the Secretary of Health and Human Services
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to develop a synthetic BGH residue test, and for other

purposes

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bovine Growth Hor5 mone Milk Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) Synthetic recombinant bovine growth hor9 mone (in this section referred to as ‘‘synthetic

10 BGH’’) is a product of genetic engineering and is

11 the first food product of genetic engineering to be in

12 direct widespread use in the consumer marketplace

13 and to be ingested in significant amounts by infants

14 and children.

15 (2) Synthetic BGH injections in dairy cows re16 sult in a residue of synthetic BGH in the milk pro17 duced by injected cows.

18 (3) Synthetic BGH injections of dairy cows re19 sult in increased levels of bovine insulin-like growth

20 factor in the milk produced by injected cows. Ac21 cording to the American Medical Association and

22 others, further studies are required to determine

23 whether human ingestion of higher than normal lev24 els of bovine insulin-like growth factor is safe.
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1 (4) Synthetic BGH injections result in a variety

2 of health problems in injected cows, including sig3 nificant increases in mastitis (an infection of the

4 cow’s udder that results in visibly abnormal milk).

5 (5) The cow health problems resulting from

6 synthetic BGH injections will result in a significant

7 increased use of antibiotics in injected cows. Many

8 of the antibiotics used to treat mastitis in dairy cows

9 are not detected in the usual milk monitoring proc10 ess. The Food and Drug Administration determined

11 that synthetic BGH poses a ‘‘manageable risk’’ to

12 consumers because of the increased risk of anti13 biotics entering the consumer milk supply.

14 (6) Consumers are concerned about hormones

15 and antibiotics in their food and humane treatment

16 of animals and have shown overwhelming support

17 for labeling of milk and milk products produced with

18 synthetic BGH.

19 (7) According to the Office of Management and

20 Budget, synthetic BGH use will result in an increase

21 in Federal budget costs of over $500,000,000 in the

22 next 5 years and a decrease in overall dairy farm in23 come of $1.3 billion dollars in that same period.

24 (8) As of June 1994, the European Community

25 had a moratorium on the commercial use of syn-
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1 thetic BGH and the Canadian Parliament had rec2 ommended a similar moratorium. Australia and New

3 Zealand, where one quarter of the world’s milk is

4 produced, refused to approve synthetic BGH.

5 (9) Consumers have a right to know if the milk

6 they consume has been produced with synthetic

7 BGH.

8 (10) Both States and individual companies have

9 begun to take actions to label products produced

10 with synthetic BGH.

11 (11) Confusion surrounding label claims and

12 regulations have resulted in lawsuits against States

13 and companies who have implemented label pro14 grams.

15 (12) There is a need for a common label to pro16 vide consumers across the country with a simple and

17 accessible means of identifying milk produced with

18 synthetic BGH.

19 (13) A synthetic BGH residue test is needed to

20 validate label claims in order to ensure consumers

21 that the labels are truthful and not misleading.

22 (14) A residue test is generally required when

23 a drug is found to leave a residue in a human food

24 product.
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1 (15) Scientific organizations, including the

2 American Medical Association and the Consumers

3 Union, have stated that a synthetic BGH residue

4 test can be devised. Much of the preliminary re5 search for a test has already been completed. Claims

6 have been made that a test already has been suc7 cessfully developed in a lab.

8 TITLE I—LABELING

9 SEC. 101. LABELING.

10 (a) IN GENERAL.—The Secretary of Agriculture shall

11 require the following labeling of milk and milk products:

12 (1) If it is milk that—

13 (A) is intended for human consumption;

14 and

15 (B)(i) is produced by cows that have been

16 injected with synthetic BGH; or

17 (ii) has been commingled with milk pro18 duced by such cows,

19 the labeling of the milk shall bear the following

20 statement: ‘‘This milk was produced by cows in21 jected with synthetic BGH.’’.

22 (2) If it is a milk product that is intended for

23 human consumption and is derived from milk de24 scribed in paragraph (1), the labeling of the milk

25 product shall bear the following statement: ‘‘This
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1 milk product was derived from milk produced by

2 cows injected with synthetic BGH.’’.

3 SEC. 102. RECORDS.

4 (a) RECORDS.—A person who sells synthetic BGH,

5 purchases the hormone, distributes the hormone, or injects

6 the hormone into a cow shall prepare and maintain records

7 that comply with the regulations issued by the Secretary

8 of Agriculture under subsection (b).

9 (b) REGULATIONS REGARDING RECORDS.—

10 (1) PERSONS COVERED.—Not later than 30

11 days after the date of enactment of this Act, the

12 Secretary of Agriculture shall issue regulations that

13 require—

14 (A) persons who sell synthetic BGH;

15 (B) persons who purchase synthetic BGH;

16 (C) persons who distribute synthetic BGH;

17 and

18 (D) persons who inject synthetic BGH into

19 cows,

20 to create and maintain records that contain the ap21 plicable information specified in paragraph (2).

22 (2) INFORMATION.—Regulations issued under

23 paragraph (1) shall require records to contain a de24 scription of—
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1 (A) the quantity and source of the syn2 thetic BGH obtained (by manufacture, pur3 chase, or any other means);

4 (B) the date on which the hormone was

5 obtained; and

6 (C) the identity of each person to whom

7 the hormone was sold or otherwise distributed,

8 the cows into which any portion of the hormone

9 was injected, and each person who has an oper10 ator or ownership interest in the cows.

11 (c) OTHER REGULATIONS.—Not later than 30 days

12 after the date of enactment of this Act, the Secretary of

13 Agriculture shall issue regulations that establish—

14 (1) requirements with respect to the sale, dis15 tribution, and administration of synthetic BGH; and

16 (2) such other requirements with respect to the

17 use of synthetic BGH as the Secretary may deter18 mine to be necessary to carry out the objectives of

19 this Act.

20 SEC. 103. DEFINITIONS.

21 As used in this section—

22 (1) The term ‘‘synthetic BGH’’ means—

23 (A) a substance described as bovine

24 somatotropin, bST, BST, bGH, or BGH; and
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1 (B) a growth hormone, intended for use in

2 bovine animals, that has been produced through

3 recombinant DNA techniques.

4 (2) The term ‘‘cow’’ means a bovine animal.

5 SEC. 104. ENFORCEMENT.

6 (a) IN GENERAL.—If any person fails to label milk

7 or a milk product in accordance with section 101, fails

8 to comply with the recordkeeping requirements of section

9 102, or otherwise fails to comply with the requirements

10 of this title (or any regulation prescribed under this title),

11 the person shall be liable to the Secretary of Agriculture

12 for a civil penalty in an amount not to exceed $10,000

13 per violation.

14 (b) JUDICIAL ENFORCEMENT.—The Secretary may

15 enforce subsection (a) in the courts of the United States.

16 TITLE II—REDUCTION IN PRICE

17 SEC. 201. REDUCTION IN PRICE RECEIVED FOR MILK PRO18 DUCED BY COWS INJECTED WITH SYNTHETIC

19 BOVINE GROWTH HORMONE.

20 (a) REDUCTION IN PRICE.—Section 204 of the Agri21 cultural Act of 1949 (7 U.S.C. 1446e) is amended—

22 (1) by redesignating subsections (i) through (k)

23 as subsections (j) through (l), respectively;

24 (2) by inserting after subsection (h) the follow25 ing new subsection:
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1 ‘‘(i) REDUCTION IN PRICE RECEIVED FOR MILK

2 PRODUCED BY COWS INJECTED WITH SYNTHETIC BO3 VINE GROWTH HORMONE.—

4 ‘‘(1) IN GENERAL.—Beginning January 1,

5 1995, in addition to any reduction in price required

6 under subsections (g) and (h), the Secretary shall

7 provide for a reduction in the price received by pro8 ducers who inject cows with synthetic BGH for

9 milk—

10 ‘‘(A) produced in the 48 contiguous States;

11 ‘‘(B) marketed by producers for commer12 cial use; and

13 ‘‘(C) produced by cows that are injected

14 with synthetic BGH.

15 ‘‘(2) AMOUNT.—The amount of the reduction

16 under paragraph (1) in the price received by produc17 ers shall be the amount, determined by the Sec18 retary, that is equal to the increased cost of pur19 chasing milk and the products of milk under this

20 section as the result of the injection of cows with

21 synthetic BGH. The increased milk supplies shall be

22 determined as the amount of milk in excess of the

23 amount of milk purchases projected in baseline for

24 Federal purchases without the introduction of syn25 thetic BGH.
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1 ‘‘(3) DEFINITIONS.—As used in this subsection:

2 ‘‘(A) SYNTHETIC BGH.—The term ‘‘syn3 thetic BGH’’ means—

4 ‘‘(i) a substance described as bovine

5 somatotropin, bST, BST, bGH, or BGH;

6 and

7 ‘‘(ii) a growth hormone, intended for

8 use in bovine, that has been produced

9 through recombinant DNA techniques.

10 ‘‘(B) MILK.—The term ‘milk’ includes—

11 ‘‘(i) milk produced by cows that have

12 been injected with synthetic BGH; and

13 ‘‘(ii) milk that has been commingled

14 with milk produced by cows that have been

15 injected with synthetic BGH.’’; and

16 (3) in subsection (j) (as redesignated by para17 graph (1)), by striking ‘‘subsection (g) or (h)’’ both

18 places it appears and inserting ‘‘subsection (g), (h),

19 or (i)’’.

20 (b) CONFORMING AMENDMENT REGARDING EXCESS

21 PURCHASES.—Subsection (g) of such section is amend22 ed—

23 (1) in paragraph (2)(A), by inserting after ‘‘un24 restricted use’’ the following: ‘‘and purchases whose
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1 costs are covered by the reduction in price required

2 by subsection (i)’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(4) CONDITION ON ESTIMATION OF PUR6 CHASES.—In estimating the level of Commodity

7 Credit Corporation purchases of milk and the prod8 ucts of milk for purposes of this subsection, the Sec9 retary shall exclude those Commodity Credit Cor10 poration purchases whose costs are covered under

11 subsection (i) by the reduction in price received by

12 producers who inject cows with synthetic BGH.’’.

13 TITLE III—RESIDUE TEST

14 SEC. 301. RESIDUE TEST.

15 At the earliest possible date, the Secretary of Health

16 and Human Services shall develop a scientifically valid

17 synthetic BGH residue test to—

18 (1) detect the presence of the residue of syn19 thetic BGH in milk produced from cows injected

20 with such hormone, and

21 (2) assure compliance with labeling laws.

22 After the test is developed the Secretary shall make the

23 test available to public health and agricultural agencies of

24 the States and commercially available at the lowest pos25 sible cost to dairy producers and processors.
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