[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 734 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 734
To amend the Agricultural Act of 1949 to require the Secretary of
Agriculture to conduct a study of the economic impact of the use of
bovine growth hormone on the dairy industry and the Federal milk price
support program, to temporarily prohibit the sale of milk produced by
cows injected with bovine growth hormone, and to require that the
Secretary of Agriculture issue regulations temporarily requiring
records to be kept by producers regarding the manufacture and sale of
bovine growth hormone, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1 (legislative day, March 3), 1993
Mr. Feingold introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Agricultural Act of 1949 to require the Secretary of
Agriculture to conduct a study of the economic impact of the use of
bovine growth hormone on the dairy industry and the Federal milk price
support program, to temporarily prohibit the sale of milk produced by
cows injected with bovine growth hormone, and to require that the
Secretary of Agriculture issue regulations temporarily requiring
records to be kept by producers regarding the manufacture and sale of
bovine growth hormone, 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 Moratorium Act
of 1993''.
SEC. 2. SALE OF MILK PRODUCED WITH BOVINE GROWTH HORMONE.
Section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Sale of Milk Produced With Bovine Growth Hormone.--
``(1) Definitions.--As used in this subsection:
``(A) Bovine growth hormone.--The term `bovine
growth hormone' means--
``(i) a substance known as bovine
somatotropin, bST, BST, bGH, or BGH; and
``(ii) a growth hormone, intended for use
in bovine, that has been produced through
recombinant DNA techniques.
``(B) Cow.--The term `cow' means a bovine animal.
``(2) Prohibition on sale.--During the period beginning 30
days after the date of enactment of the Bovine Growth Hormone
Moratorium Act of 1993 and ending on the date of submission to
Congress of the report required under paragraph (5), it shall
be unlawful for a person to market for commercial use milk
produced by a cow after the cow was injected with bovine growth
hormone if the person knew, or should have known, that the cow
was injected with the hormone and that the milk could be
marketed for commercial use.
``(3) Records.--
``(A) In general.--During the period referred to in
paragraph (2), a person who sells bovine growth 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) Regulations.--
``(i) Persons covered.--Not later than 30
days after the date of enactment of the Bovine
Growth Hormone Moratorium Act of 1993, the
Secretary shall issue regulations that
require--
``(I) persons who sell bovine
growth hormone; and
``(II) persons who inject bovine
growth hormone into cows,
to create and maintain records that contain the
applicable information specified in clause
(ii).
``(ii) Information.--Regulations issued
under this subparagraph shall require records
to contain a description of--
``(I) the quantity and source of
the bovine growth hormone 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.
``(4) Penalties.--
``(A) In general.--Except as provided in
subparagraph (B), a person who violates paragraph (2)
or (3) shall be liable for a civil penalty of $1,000.
``(B) Multiple violations.--A person who commits
more than one violation of paragraph (2), or more than
one violation of paragraph (3), shall be liable for a
civil penalty of $10,000 for each such violation after
the first such violation.
``(C) Separate violations.--For purposes of this
paragraph--
``(i) each day on which a person sells milk
in violation of paragraph (2) shall be treated
as a separate violation of paragraph (2) by the
person; and
``(ii) each day on which a person sells or
injects bovine growth hormone in violation of
paragraph (3) shall be treated as a separate
violation of paragraph (3) by the person.
``(5) Study and report.--Not later than 1 year after the
date of enactment of the Bovine Growth Hormone Moratorium Act
of 1993, the Secretary shall--
``(A) conduct a study of the economic impact of the
use of bovine growth hormone on the dairy industry and
the Federal milk price support program established
under this section; and
``(B) submit to the appropriate committees of
Congress a report summarizing in detail the results of
the study.''.
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