```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing 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>
```