[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1298 Introduced in House (IH)]

  1st Session
                                H. R. 1298

To amend the Federal Food, Drug, and Cosmetic Act to exempt fluid milk 
   standards of the State of California from preemption in order to 
    guarantee the same high quality fluid milk to the consumers of 
             California that they have received since 1961.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 1995

  Mr. Thomas (for himself and Mr. Moorhead) introduced the following 
         bill; which was referred to the Committee on Commerce

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                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act to exempt fluid milk 
   standards of the State of California from preemption in order to 
    guarantee the same high quality fluid milk to the consumers of 
             California that they have received since 1961.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CALIFORNIA FLUID MILK STANDARDS.

    Section 403A(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 343-1(a)) is amended by striking ``does not apply to a standard 
of identity of a State or political subdivision of a State for maple 
syrup that is of the type required by sections 401 and 403(g)'' and 
inserting the following: ``does not apply to--
            ``(A) a standard of identity of a State or political 
        subdivision of a State for maple syrup that is of the type 
        required by sections 401 and 403(g), or
            ``(B) a standard of identity for fluid milk of the State of 
        California that--
                    ``(i) was in existence on November 7, 1990,
                    ``(ii) is of the type required by sections 401 and 
                403(g),
                    ``(iii) was included within a State petition filed 
                under subsection (b) before October 1, 1993, and
                    ``(iv) specifies a higher minimum level of milk 
                components than is provided for in the corresponding 
                standard of identity promulgated under section 401.
For purposes of subparagraph (B), the term `fluid milk' means liquid 
milk in final packaged form for beverage use and does not include dry 
milk, manufactured milk products, or tanker bulk milk.''.
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