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 Michi-
gan, 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) intro-
duced the following bill; which was referred to the Committee on Agri-
culture
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bovine Growth Hor-
mone Milk Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Synthetic recombinant bovine growth hor-
mone (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 re-
sult in a residue of synthetic BGH in the milk pro-
duced by injected cows.
(3) Synthetic BGH injections of dairy cows re-
sult in increased levels of bovine insulin-like growth
factor in the milk produced by injected cows. Ac-
cording to the American Medical Association and
others, further studies are required to determine
whether human ingestion of higher than normal lev-
els of bovine insulin-like growth factor is safe.
(4) Synthetic BGH injections result in a variety
of health problems in injected cows, including sig-
nificant 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 proc-
ess. The Food and Drug Administration determined
that synthetic BGH poses a ‘‘manageable risk’’ to
consumers because of the increased risk of anti-
biotics 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 in-
come 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 syn-
thetic BGH and the Canadian Parliament had rec-
ommended 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 pro-
grams.
(12) There is a need for a common label to pro-
vide 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 re-
search for a test has already been completed. Claims
have been made that a test already has been suc-
cessfully 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 pro-
duced by such cows,
the labeling of the milk shall bear the following
statement: ‘‘This milk was produced by cows in-
jected with synthetic BGH.’’.
(2) If it is a milk product that is intended for
human consumption and is derived from milk de-
scribed 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 ap-
plicable information specified in paragraph (2).
(2) INFORMATION.—Regulations issued under
paragraph (1) shall require records to contain a de-
scription of—
(A) the quantity and source of the syn-
thetic BGH obtained (by manufacture, pur-
chase, 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 oper-
ator 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, dis-
tribution, and administration of synthetic BGH; and
(2) such other requirements with respect to the
use of synthetic BGH as the Secretary may deter-
mine 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 PRO-
DUCED BY COWS INJECTED WITH SYNTHETIC
BOVINE GROWTH HORMONE.
(a) REDUCTION IN PRICE.—Section 204 of the Agri-
cultural 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 follow-
ing new subsection:
‘‘(3) DEFINITIONS.—As used in this subsection:
‘‘(A) SYNTHETIC
BGH.—The term ‘‘syn-
thetic 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 para-
graph (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 amend-
ed—
(1) in paragraph (2)(A), by inserting after ‘‘un-
restricted 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
PUR-
CHASES.—In estimating the level of Commodity
Credit Corporation purchases of milk and the prod-
ucts of milk for purposes of this subsection, the Sec-
retary shall exclude those Commodity Credit Cor-
poration 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 syn-
thetic 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 pos-
sible cost to dairy producers and processors.