I

103D CONGRESS

1ST SESSION H. R. 1904

To amend the Agricultural Act of 1949 to require the Secretary of Agriculture

to conduct a study of the economic impact of the use of bovine growth

hormone on the dairy industry and the Federal milk price support

program, to temporarily prohibit the sale of milk produced by cows

injected with bovine growth hormone, and to require that the Secretary

of Agriculture issue regulations temporarily requiring records to be kept

by producers regarding the manufacture and sale of bovine growth hormone, 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 Agriculture

A BILL

To amend the Agricultural Act of 1949 to require the Secretary of Agriculture to conduct a study of the economic

impact of the use of bovine growth hormone on the

dairy industry and the Federal milk price support program, to temporarily prohibit the sale of milk produced

by cows injected with bovine growth hormone, and to

require that the Secretary of Agriculture issue regulations temporarily requiring records to be kept by producers regarding the manufacture and sale of bovine growth

hormone, and for other purposes.
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HR 1904 IH

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 Moratorium Act of 1993’’.

6 SEC. 2. SALE OF MILK PRODUCED WITH BOVINE GROWTH

7 HORMONE.

8 Section 204 of the Agricultural Act of 1949 (7 U.S.C.

9 1446e) is amended—

10 (1) by redesignating subsection (k) as sub11 section (l); and

12 (2) by inserting after subsection (j) the follow13 ing new subsection:

14 ‘‘(k) SALE OF MILK PRODUCED WITH BOVINE

15 GROWTH HORMONE.—

16 ‘‘(1) DEFINITIONS.—As used in this subsection:

17 ‘‘(A) BOVINE GROWTH HORMONE.—The

18 term ‘bovine growth hormone’ means—

19 ‘‘(i) a substance known as bovine

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

21 and

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

23 use in bovine, that has been produced

24 through recombinant DNA techniques.
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HR 1904 IH

1 ‘‘(B) COW.—The term ‘Cow’ means a bo2 vine animal.

3 ‘‘(2) PROHIBITION ON SALE.—During the pe4 riod beginning thirty days after the date of enact5 ment of the Bovine Growth Hormone Moratorium

6 Act of 1993 and ending one year after the date of

7 enactment of the Bovine Growth Hormone Morato8 rium Act of 1993 it shall be unlawful for a person

9 to market for commercial use milk produced by a

10 cow after the cow was injected with bovine growth

11 hormone if the person knew, or should have known,

12 that the cow was injected with the hormone and that

13 the milk could be marketed for commercial use.

14 ‘‘(3) RECORDS.—

15 ‘‘(A) IN GENERAL.—During the period re16 ferred to in paragraph (2), a person who sells

17 bovine growth hormone or injects the hormone

18 into a cow shall prepare and maintain records

19 that comply with the regulations issued by the

20 Secretary under subparagraph (B).

21 ‘‘(B) REGULATIONS.—

22 ‘‘(i) PERSONS COVERED.—Not later

23 than thirty days after the date of enact24 ment of the Bovine Growth Hormone Mor-
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HR 1904 IH

1 atorium Act of 1993, the Secretary shall

2 issue regulations that require—

3 ‘‘(I) persons who sell bovine

4 growth hormone, and

5 ‘‘(II) persons who inject bovine

6 growth hormone into cows,

7 to create and maintain records that con8 tain the applicable information specified in

9 clause (ii).

10 ‘‘(ii) INFORMATION.—Regulations is11 sued under this subparagraph shall require

12 records to contain a description of—

13 ‘‘(I) the quality and source of the

14 bovine growth hormone obtained (by

15 manufacture, purchase, or any other

16 means);

17 ‘‘(II) the date on which the hor18 mone was obtained; and

19 ‘‘(III) the identity of each person

20 to whom the hormone was sold or oth21 erwise distributed, the cows into

22 which any portion of the hormone was

23 injected, and each person who has an

24 operator or ownership interest in the

25 cows.
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1 ‘‘(4) PENALTIES.—

2 ‘‘(A) IN GENERAL.—Except as provided in

3 subparagraph (B), a person who violates para4 graph (2) or (3) shall be liable for a civil pen5 alty of $1,000.

6 ‘‘(B) MULTIPLE VIOLATIONS.—A person

7 who commits more than one violation of para8 graph (2), or more than one violation of para9 graph (3), shall be liable for a civil penalty of

10 $10,000 for each such violation after the first

11 such violation.

12 ‘‘(C) SEPARATE VIOLATIONS.—For pur13 poses of this paragraph—

14 ‘‘(i) each day on which a person sells

15 milk in violation of paragraph (2) shall be

16 treated as a separate violation of para17 graph (2) by the person; and

18 ‘‘(ii) each day on which a person sells

19 or injects bovine growth hormone in viola20 tion of paragraph (3) shall be treated as a

21 separate violation of paragraph (3) by the

22 person.

23 ‘‘(5) STUDY AND REPORT.—Not later than six

24 months after the date of enactment of the Bovine
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1 Growth Hormone Moratorium Act of 1993, the Sec2 retary shall—

3 ‘‘(A) conduct a study of the economic im4 pact of the use of bovine growth hormone on

5 the dairy industry and the Federal milk price

6 support program established under this section;

7 and

8 ‘‘(B) submit to the appropriate committees

9 of Congress a report summarizing in detail the

10 results of the study.’’.

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