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 hor-
mone, 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 Sec-
retary 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 pro-
gram, to temporarily prohibit the sale of milk produced
by cows injected with bovine growth hormone, and to
require that the Secretary of Agriculture issue regula-
tions temporarily requiring records to be kept by produc-
ers regarding the manufacture and sale of bovine growth
hormone, and for other purposes.
HR 1904 IH
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 Moratorium Act of 1993’’.
SEC. 2. SALE OF MILK PRODUCED WITH BOVINE GROWTH
HORMONE.
Section 204 of the Agricultural Act of 1949 (7 U.S.C.
1446e) is amended—
(1) by redesignating subsection (k) as sub-
section (l); and
(2) by inserting after subsection (j) the follow-
ing new subsection:
‘‘(k) SALE
OF MILK PRODUCED
WITH BOVINE
GROWTH HORMONE.—
‘‘(1) DEFINITIONS.—As used in this subsection:
‘‘(A) BOVINE
GROWTH
HORMONE.—The
term ‘bovine growth hormone’ means—
‘‘(i) a substance known 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.
HR 1904 IH
‘‘(B) COW.—The term ‘Cow’ means a bo-
vine animal.
‘‘(2) PROHIBITION ON SALE.—During the pe-
riod beginning thirty days after the date of enact-
ment of the Bovine Growth Hormone Moratorium
Act of 1993 and ending one year after the date of
enactment of the Bovine Growth Hormone Morato-
rium Act of 1993 it shall be unlawful for a person
to market for commercial use milk produced by a
cow after the cow was injected with bovine growth
hormone if the person knew, or should have known,
that the cow was injected with the hormone and that
the milk could be marketed for commercial use.
‘‘(3) RECORDS.—
‘‘(A) IN GENERAL.—During the period re-
ferred to in paragraph (2), a person who sells
bovine growth 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) REGULATIONS.—
‘‘(i) PERSONS
COVERED.—Not later
than thirty days after the date of enact-
ment of the Bovine Growth Hormone Mor-
HR 1904 IH
atorium Act of 1993, the Secretary shall
issue regulations that require—
‘‘(I) persons who sell bovine
growth hormone, and
‘‘(II) persons who inject bovine
growth hormone into cows,
to create and maintain records that con-
tain the applicable information specified in
clause (ii).
‘‘(ii) INFORMATION.—Regulations is-
sued under this subparagraph shall require
records to contain a description of—
‘‘(I) the quality and source of the
bovine growth hormone obtained (by
manufacture, purchase, or any other
means);
‘‘(II) the date on which the hor-
mone was obtained; and
‘‘(III) the identity of each person
to whom the hormone was sold or oth-
erwise 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.
HR 1904 IH
‘‘(4) PENALTIES.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), a person who violates para-
graph (2) or (3) shall be liable for a civil pen-
alty of $1,000.
‘‘(B) MULTIPLE
VIOLATIONS.—A person
who commits more than one violation of para-
graph (2), or more than one violation of para-
graph (3), shall be liable for a civil penalty of
$10,000 for each such violation after the first
such violation.
‘‘(C) SEPARATE
VIOLATIONS.—For pur-
poses of this paragraph—
‘‘(i) each day on which a person sells
milk in violation of paragraph (2) shall be
treated as a separate violation of para-
graph (2) by the person; and
‘‘(ii) each day on which a person sells
or injects bovine growth hormone in viola-
tion of paragraph (3) shall be treated as a
separate violation of paragraph (3) by the
person.
‘‘(5) STUDY AND REPORT.—Not later than six
months after the date of enactment of the Bovine
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Growth Hormone Moratorium Act of 1993, the Sec-
retary shall—
‘‘(A) conduct a study of the economic im-
pact of the use of bovine growth hormone on
the dairy industry and the Federal milk price
support program established under this section;
and
‘‘(B) submit to the appropriate committees
of Congress a report summarizing in detail the
results of the study.’’.
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