[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4669 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4669
To amend the Federal Food, Drug, and Cosmetic Act to require labeling
for milk and milk products produced from cows which have been treated
with synthetic bovine growth hormone, to direct the development of a
synthetic bovine growth hormone residue test, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 1994
Mr. Sanders (for himself, Mr. Andrews of Maine, Miss Collins of
Michigan, Mr. DeFazio, Mr. Dellums, Mr. Engel, Mr. Foglietta, Mr.
Gonzalez, Mr. Gutierrez, Mr. Hinchey, Mr. Johnston of Florida, Mrs.
Kennelly, Mr. Kleczka, Mrs. Mink, Mr. Moran, Mr. Nadler, Mr. Oberstar,
Mr. Obey, Mr. Olver, Mr. Owens, Mrs. Unsoeld, Mrs. Schroeder, Mr.
Shays, Ms. Velazquez, Mr. Vento, Mr. Washington, and Mr. Yates)
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 to require labeling
for milk and milk products produced from cows which have been treated
with synthetic bovine growth hormone, to direct the development of a
synthetic bovine growth hormone residue test, and for other purposes.
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 may be cited as the ``Bovine Growth Hormone Milk Labeling
and Residue Test Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Synthetic recombinant bovine growth hormone (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 result in a
residue of synthetic BGH in the milk produced by injected cows.
(3) Synthetic BGH injections of dairy cows result in
increased levels of bovine insulin-like growth factor in the
milk produced by injected cows. According to the American
Medical Association and others, further studies are required to
determine whether human ingestion of higher than normal levels
of bovine insulin-like growth factor is safe.
(4) Synthetic BGH injections result in a variety of health
problems in injected cows, including significant 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 process. The Food and Drug Administration determined
that synthetic BGH poses a ``manageable risk'' to consumers
because of the increased risk of antibiotics 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 income of $1.3 billion dollars in that
same period.
(8) As of 1994, the European Community had a moratorium on
the commercial use of synthetic BGH and the Canadian Parliament
had recommended 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 programs.
(12) There is a need for a common label to provide
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 research for a test has already been completed.
Claims have been made that a test already has been successfully
developed in a lab.
SEC. 3. LABELING.
Section 403 of the Federal Food, Drug, and Cosmetic Act is amended
by adding at the end the following:
``(s)(1)(A) If it is milk that--
``(i) is intended for human consumption; and
``(ii)(I) is produced by cows that have been injected with
synthetic BGH; or
(II) has been commingled with milk produced by such
cows,
unless the labeling of the milk bears the following statement:
`This milk was produced by cows injected with synthetic BGH.'
``(B) If it is a milk product that is intended for human
consumption and is derived from milk described in subparagraph (A),
unless the labeling of the milk product bears the following statement:
`This milk product was derived from milk produced by cows injected with
synthetic BGH.'
``(2)(A) 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 under subparagraph (B).
``(B) Not later than 30 days after the date of enactment of this
paragraph, the Secretary shall issue regulations that require--
``(i) persons who sell synthetic BGH;
``(ii) persons who purchase synthetic BGH;
``(iii) persons who distribute synthetic BGH; and
``(iv) persons who inject synthetic BGH into cows,
to create and maintain records that contain the applicable information
specified in subparagraph (C).
``(C) Regulations issued under subparagraph (B) shall require
records to contain a description of--
``(i) the quantity and source of the synthetic BGH obtained
(by manufacture, purchase, or any other means);
``(ii) the date on which the hormone was obtained; and
``(iii) 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
operator or ownership interest in the cows.
``(3) Not later than 30 days after the date of enactment of this
paragraph, the Secretary shall issue regulations that establish--
``(i) requirements with respect to the sale, distribution,
and administration of synthetic BGH; and
``(ii) such other requirements with respect to the use of
synthetic BGH as the Secretary may determine to be necessary to
carry out the objectives of this Act.
``(4) As used in this paragraph--
``(i) The term `synthetic BGH' means--
``(I) a substance described as bovine somatotropin,
bST, BST, bGH, or BGH; and
``(II) a growth hormone, intended for use in bovine
animals, that has been produced through recombinant DNA
techniques.
``(ii) The term `cow' means a bovine animal.''.
SEC. 4. RESIDUE TEST.
(a) In General.--At the earliest possible date, the Secretary of
Health and Human Services (acting through the Commissioner of Food and
Drugs) shall develop a scientifically valid synthetic BGH residue test
to--
(1) detect the presence of the residue of synthetic BGH in
milk produced from cows injected with such hormone, and
(2) assure compliance with section 403(s) of the Federal
Food, Drug, and Cosmetic Act.
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 possible cost to dairy producers
and processors.
(b) Definitions.--As used in subsection (a):
(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.
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