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103D CONGRESS

1ST SESSION H. R. 1906

To amend the Federal Food, Drug, and Cosmetic Act with respect to the

labeling of milk and milk products, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1993

Mr. OBEY 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 with

respect to the labeling of milk and milk products, 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 Labeling Act’’.

6 SEC. 2. DEFINITIONS.

7 Section 201 of the Federal Food, Drug, and Cosmetic

8 Act (21 U.S.C. 321) is amended by adding at the end the

9 following:

10 ‘‘(gg) The term ‘bovine growth hormone’ means—
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1 ‘‘(A) a substance described as bovine

2 somatotropin, bST, BST, bGH, or BGH; and

3 ‘‘(B) a growth hormone, intended for use in bo4 vine animals, that has been produced through re5 combinant DNA techniques.

6 ‘‘(hh) The term ‘cow’ means a bovine animal.’’.

7 SEC. 3. LABELING.

8 Section 403 of the Federal Food, Drug, and Cosmetic

9 Act (21 U.S.C. 343) is amended by adding at the end the

10 following:

11 ‘‘(s)(1) If it is milk that—

12 ‘‘(A) is intended for human consumption; and

13 ‘‘(B)(i) is produced by cows that have been

14 injected with bovine growth hormone; or

15 ‘‘(ii) has been commingled with milk produced

16 by such cows,

17 unless the labeling of the milk bears the following state18 ment: ‘This milk was produced by cows injected with

19 bovine growth hormone.’ ’’.

20 ‘‘(2) If it is milk that is intended for human con21 sumption, other than milk described in paragraph (1), un22 less the labeling of the milk bears the following statement:

23 ‘This milk was not produced by cows injected with bovine

24 growth hormone.’ ’’.
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1 ‘‘(3) If it is a milk product that is intended for human

2 consumption and is derived from milk described in para3 graph (1), unless the labeling of the milk product bears

4 the following statement: ‘This milk product was derived

5 from milk produced by cows injected with bovine growth

6 hormone.’ ’’.

7 ‘‘(4) If it is a milk product that is intended for human

8 consumption and is not derived from milk described in

9 paragraph (1), unless the labeling of the milk product

10 bears the following statement: ‘This milk product was not

11 derived from milk produced by cows injected with bovine

12 growth hormone.’ ’’.

13 SEC. 4. RECORDS.

14 (a) PROHIBITED ACT.—Section 301 of the Federal

15 Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend16 ed by adding at the end the following:

17 ‘‘(u) The failure to prepare and maintain records re18 quired by section 512A, or to comply with a requirement

19 of regulations promulgated under such section.’’.

20 (b) RECORDS.—Chapter V of the Federal Food,

21 Drug, and Cosmetic Act is amended by inserting after sec22 tion 512 (21 U.S.C. 306b) the following:

23 ‘‘SEC. 512A. BOVINE GROWTH HORMONE.

24 ‘‘(a) RECORDS.—
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1 ‘‘(1) IN GENERAL.—A person who sells bovine

2 growth hormone, purchases the hormone, distributes

3 the hormone, or injects the hormone into a cow shall

4 prepare and maintain records that comply with the

5 regulations issued by the Secretary under paragraph

6 (2).

7 ‘‘(2) REGULATIONS REGARDING RECORDS.—

8 ‘‘(A) PERSONS COVERED.—Not later than

9 thirty days after the date of enactment of the

10 Bovine Growth Hormone Milk Labeling Act,

11 the Secretary shall issue regulations that re12 quire—

13 ‘‘(i) persons who sell bovine growth

14 hormone;

15 ‘‘(ii) persons who purchase bovine

16 growth hormone;

17 ‘‘(iii) persons who distribute bovine

18 growth hormone; and

19 ‘‘(iv) persons who inject bovine growth

20 hormone into cows,

21 to create and maintain records that contain the

22 applicable information specified in subpara23 graph (B).
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1 ‘‘(B) INFORMATION.—Regulations issued

2 under this paragraph shall require records to

3 contain a description of—

4 ‘‘(i) the quantity and source of the bo5 vine growth hormone obtained (by manu6 facture, purchase, or any other means);

7 ‘‘(ii) the date on which the hormone

8 was obtained; and

9 ‘‘(iii) the identity of each person to

10 whom the hormone was sold or otherwise

11 distributed, the cows into which any por12 tion of the hormone was injected, and each

13 person who has an operator or ownership

14 interest in the cows.

15 ‘‘(b) OTHER REGULATIONS.—Not later than thirty

16 days after the date of enactment of the Bovine Growth

17 Hormone Milk Labeling Act, the Secretary shall issue reg18 ulations that establish—

19 ‘‘(1) requirements with respect to the sale, dis20 tribution, and administration of bovine growth hor21 mone; and

22 ‘‘(2) such other requirements with respect to

23 the use of bovine growth hormone as the Secretary

24 may determine to be necessary to carry out the ob25 jectives of this Act.’’.
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