[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3758 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3758

  To amend the Federal Food, Drug, and Cosmetic Act to establish and 
    enforce a maximum somatic cell count requirement for fluid milk.


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                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

Mrs. Gillibrand introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act to establish and 
    enforce a maximum somatic cell count requirement for fluid milk.

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

SECTION 1. MAXIMUM SOMATIC CELL COUNT.

    Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
341 et seq.) is amended by adding at the end the following:

``SEC. 418. MAXIMUM SOMATIC CELL COUNT.

    ``(a) Maximum Somatic Cell Count.--
            ``(1) In general.--The maximum somatic cell count for all 
        dairy products sold, transported, or offered for sale or 
        transport, in interstate commerce shall be 400,000 cells per 
        milliliter of fluid milk, or equivalent, as determined by the 
        Secretary.
            ``(2) Adjustment.--The Secretary, after consideration of 
        any recommendations submitted by the National Conference on 
        Interstate Milk Shipments, may lower the maximum somatic cell 
        count established under paragraph (1).
    ``(b) Calculation.--The Secretary shall promulgate regulations to 
require that the calculation of a herd average somatic cell count under 
this section shall be made using a geometric, rather than an 
arithmetic, mean.
    ``(c) Revision.--The Secretary, in consultation with the National 
Conference on Interstate Milk Shipments, shall revise the Pasteurized 
Milk Ordinance to take into account the requirement under subsection 
(a) and any regulations promulgated under subsection (b).
    ``(d) Enforcement.--
            ``(1) In general.--Beginning on the date that is 18 months 
        after the date of enactment of this section, any person that 
        sells, transports, or offers for sale or transport, in 
        interstate commerce any dairy product in violation of 
        subsection (a) shall be subject to a civil penalty in an amount 
        determined in accordance with the regulations promulgated under 
        paragraph (2).
            ``(2) Regulations.--Not later than 18 months after the date 
        of enactment of this section, the Secretary shall promulgate 
        regulations establishing a schedule of civil penalties for 
        violations of subsection (a).''.
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