[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2382 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2382

 To prohibit the use of bovine somatotropin in intrastate, interstate, 
or international commerce until equivalent marketing practices for the 
use of bovine somatotropin are established with the marketing practices 
        of other major milk or dairy products exporting nations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1993

 Mr. Obey (for himself and Mr. Sanders) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit the use of bovine somatotropin in intrastate, interstate, 
or international commerce until equivalent marketing practices for the 
use of bovine somatotropin are established with the marketing practices 
        of other major milk or dairy products exporting nations.

    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 shall be known as the ``Bovine Somatotropin Marketing 
Equivalency Act of 1993''.

SEC. 2. DEFINITIONS.

    (a) Bovine Somatotropin.--The term ``bovine somatotropin'' means a 
synthetic growth hormone produced through the process of recombinant 
DNA techniques intended for use in cows (bovine animals).
    (b) Equivalent Marketing Practices.--The term ``equivalent 
marketing practices'' means:
            (1) Practices designed to affect the use of bovine 
        somatotropin in intrastate, interstate, or international 
        commerce; or
            (2) Measures which have the effect of discouraging the sale 
        of, or discriminating against, the use of bovine somatotropin 
        in intrastate, interstate, or international commerce which are 
        similar or quantitatively approximate.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) the United States is the single largest milk producing 
        country in the world;
            (2) an important national policy interest exists for the 
        United States when entering into trade agreements to provide a 
        more level playing field for international trade;
            (3) it is important that the dairy industry in the United 
        States with respect to the use of bovine somatotropin have 
        equivalent marketing practices with those of other major milk 
        or dairy products exporting nations and regions, such as New 
        Zealand, Australia, Canada, and the European Community;
            (4) the European Community has imposed a moratorium on the 
        use of bovine somatotropin through December 31, 1993;
            (5) in order to avoid possible discrimination against its 
        dairy exports, Australia has announced its intention not to 
        approve the commercial use of bovine somatotropin until other 
        major milk and dairy exporting nations approve bovine 
        somatotropin;
            (6) bovine somatotropin has not been approved for 
        commercial use in either New Zealand or Canada;
            (7) the Dairy Price Support Program in the United States 
        relies on the Federal Government to remove surplus dairy 
        products from the domestic market, and to make subsequent sales 
        of surplus products to defray budgetary costs of the program;
            (8) the introduction by the dairy industry in the United 
        States of bovine somatotropin into intrastate, interstate, or 
        international commerce prior to achievement of equivalent 
        marketing practices by other countries could have a detrimental 
        effect on the sales of milk or dairy products, causing 
        disruptions to milk consumption, to management of the Dairy 
        Price Support Program, to Commodity Credit Corporation dairy 
        stocks, and to dairy producer income; and
            (9) the Food and Drug Administration is likely to approve 
        the use of bovine somatotropin prior to December 31, 1993.

SEC. 4. DEFINITION OF BOVINE SOMATOTROPIN FOR PURPOSES OF THE FOOD, 
              DRUG, AND COSMETIC ACT.

    Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321) is amended by adding at the end the following:
    ``(gg) The term `bovine somatotropin' means a synthetic growth 
hormone produced through the process of recombinant DNA techniques 
intended for use in cows (bovine animals).''.

SEC. 5. PROHIBITION ON THE USE OF BOVINE SOMATOTROPIN IN COMMERCE.

    (a) Prohibited Act.--Section 301 of the Food, Drug, and Cosmetic 
Act (21 U.S.C. 331) is amended by adding at the end the following:
    ``(u) The use of bovine somatotropin in intrastate, interstate, or 
international commerce absent a certification by the President as 
provided in the `Bovine Somatotropin Marketing Equivalency Act of 
1993'.''.
    (b) Exception.--Nothing in subsection (a) shall preclude--
            (1) the conduct of research on bovine somatotropin; or
            (2) the introduction into intrastate or interstate commerce 
        of bovine somatotropin to be used for research.

SEC. 6. CERTIFICATION.

    A ``certification'' as used in this Act means a certification 
originated by the President, and submitted to Congress, in which the 
President makes findings, that, with respect to the use of bovine 
somatotropin, the dairy industry in the United States has established 
equivalent marketing practices with those of one or more other major 
milk and dairy exporting countries.

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