II 112th CONGRESS 1st Session S. 458 IN THE SENATE OF THE UNITED STATES March 2, 2011 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.

1.

Short title

This Act may be cited as the Milk Quality Standards Act of 2011.

2.

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:

424.

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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