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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4618 Introduced in House (IH)]

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. Velazquez, 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 to develop a synthetic BGH 
                  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 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 June 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.

                           TITLE I--LABELING

SEC. 101. LABELING.

    (a) In General.--The Secretary of Agriculture shall require the 
following labeling of milk and milk products:
            (1) If it is milk that--
                    (A) is intended for human consumption; and
                    (B)(i) is produced by cows that have been injected 
                with synthetic BGH; or
                    (ii) has been commingled with milk produced by such 
                cows,
        the labeling of the milk shall bear the following statement: 
        ``This milk was produced by cows injected with synthetic 
        BGH.''.
            (2) If it is a milk product that is intended for human 
        consumption and is derived from milk described in paragraph 
        (1), the labeling of the milk product shall bear the following 
        statement: ``This milk product was derived from milk produced 
        by cows injected with synthetic BGH.''.

SEC. 102. RECORDS.

    (a) Records.--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 of Agriculture under subsection (b).
    (b) Regulations regarding records.--
            (1) Persons covered.--Not later than 30 days after the date 
        of enactment of this Act, the Secretary of Agriculture shall 
        issue regulations that require--
                    (A) persons who sell synthetic BGH;
                    (B) persons who purchase synthetic BGH;
                    (C) persons who distribute synthetic BGH; and
                    (D) persons who inject synthetic BGH into cows,
        to create and maintain records that contain the applicable 
        information specified in paragraph (2).
            (2) Information.--Regulations issued under paragraph (1) 
        shall require records to contain a description of--
                    (A) the quantity and source of the synthetic BGH 
                obtained (by manufacture, purchase, or any other 
                means);
                    (B) the date on which the hormone was obtained; and
                    (C) 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.
    (c) Other Regulations.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Agriculture shall issue 
regulations that establish--
            (1) requirements with respect to the sale, distribution, 
        and administration of synthetic BGH; and
            (2) 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.

SEC. 103. DEFINITIONS.

    As used in this section--
            (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.

SEC. 104. ENFORCEMENT.

    (a) In General.--If any person fails to label milk or a milk 
product in accordance with section 101, fails to comply with the 
recordkeeping requirements of section 102, or otherwise fails to comply 
with the requirements of this title (or any regulation prescribed under 
this title), the person shall be liable to the Secretary of Agriculture 
for a civil penalty in an amount not to exceed $10,000 per violation.
    (b) Judicial Enforcement.--The Secretary may enforce subsection (a) 
in the courts of the United States.

                      TITLE II--REDUCTION IN PRICE

SEC. 201. REDUCTION IN PRICE RECEIVED FOR MILK PRODUCED BY COWS 
              INJECTED WITH SYNTHETIC BOVINE GROWTH HORMONE.

    (a) Reduction in Price.--Section 204 of the Agricultural Act of 
1949 (7 U.S.C. 1446e) is amended--
            (1) by redesignating subsections (i) through (k) as 
        subsections (j) through (l), respectively;
            (2) by inserting after subsection (h) the following new 
        subsection:
    ``(i) Reduction in Price Received for Milk Produced by Cows 
Injected With Synthetic Bovine Growth Hormone.--
            ``(1) In general.--Beginning January 1, 1995, in addition 
        to any reduction in price required under subsections (g) and 
        (h), the Secretary shall provide for a reduction in the price 
        received by producers who inject cows with synthetic BGH for 
        milk--
                    ``(A) produced in the 48 contiguous States;
                    ``(B) marketed by producers for commercial use; and
                    ``(C) produced by cows that are injected with 
                synthetic BGH.
            ``(2) Amount.--The amount of the reduction under paragraph 
        (1) in the price received by producers shall be the amount, 
        determined by the Secretary, that is equal to the increased 
        cost of purchasing milk and the products of milk under this 
        section as the result of the injection of cows with synthetic 
        BGH. The increased milk supplies shall be determined as the 
        amount of milk in excess of the amount of milk purchases 
        projected in baseline for Federal purchases without the 
        introduction of synthetic BGH.
            ``(3) Definitions.--As used in this subsection:
                    ``(A) Synthetic bgh.--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, that has been produced through 
                        recombinant DNA techniques.
                    ``(B) Milk.--The term `milk' includes--
                            ``(i) milk produced by cows that have been 
                        injected with synthetic BGH; and
                            ``(ii) milk that has been commingled with 
                        milk produced by cows that have been injected 
                        with synthetic BGH.''; and
            (3) in subsection (j) (as redesignated by paragraph (1)), 
        by striking ``subsection (g) or (h)'' both places it appears 
        and inserting ``subsection (g), (h), or (i)''.
    (b) Conforming Amendment Regarding Excess Purchases.--Subsection 
(g) of such section is amended--
            (1) in paragraph (2)(A), by inserting after ``unrestricted 
        use'' the following: ``and purchases whose costs are covered by 
        the reduction in price required by subsection (i)''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Condition on estimation of purchases.--In estimating 
        the level of Commodity Credit Corporation purchases of milk and 
        the products of milk for purposes of this subsection, the 
        Secretary shall exclude those Commodity Credit Corporation 
        purchases whose costs are covered under subsection (i) by the 
        reduction in price received by producers who inject cows with 
        synthetic BGH.''.

                        TITLE III--RESIDUE TEST

SEC. 301. RESIDUE TEST.

    At the earliest possible date, the Secretary of Health and Human 
Services 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 labeling laws.
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.

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