[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 735
To amend the Federal Food, Drug, and Cosmetic Act with respect to the
labeling of milk and milk products, 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 Federal Food, Drug, and Cosmetic Act with respect to the
labeling of milk and milk products, 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
Act''.
SEC. 2. DEFINITIONS.
Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321) is amended by adding at the end the following:
``(gg) The term `bovine growth hormone' 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.
``(hh) The term `cow' means a bovine animal.''.
SEC. 3. LABELING.
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343) is amended by adding at the end the following:
``(s)(1) If it is milk that--
``(A) is intended for human consumption; and
``(B)(i) is produced by cows that have been injected with
bovine growth hormone; 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 bovine growth hormone.'.
``(2) If it is milk that is intended for human consumption, other
than milk described in paragraph (1), unless the labeling of the milk
bears the following statement: `This milk was not produced by cows
injected with bovine growth hormone.'.
``(3) If it is a milk product that is intended for human
consumption and is derived from milk described in paragraph (1), unless
the labeling of the milk product bears the following statement: `This
milk product was derived from milk produced by cows injected with
bovine growth hormone.'.
``(4) If it is a milk product that is intended for human
consumption and is not derived from milk described in paragraph (1),
unless the labeling of the milk product bears the following statement:
`This milk product was not derived from milk produced by cows injected
with bovine growth hormone.'''.
SEC. 4. RECORDS.
(a) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(u) The failure to prepare and maintain records required by
section 512A, or to comply with a requirement of regulations
promulgated under such section.''.
(b) Records.--Chapter V of the Federal Food, Drug, and Cosmetic Act
is amended by inserting after section 512 (21 U.S.C. 360b) the
following:
``SEC. 512A. BOVINE GROWTH HORMONE.
``(a) Records.--
``(1) In general.--A person who sells bovine growth
hormone, 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 paragraph (2).
``(2) Regulations regarding records.--
``(A) Persons covered.--Not later than 30 days
after the date of enactment of the Bovine Growth
Hormone Milk Labeling Act, the Secretary shall issue
regulations that require--
``(i) persons who sell bovine growth
hormone;
``(ii) persons who purchase bovine growth
hormone;
``(iii) persons who distribute bovine
growth hormone; and
``(iv) persons who inject bovine growth
hormone into cows,
to create and maintain records that contain the
applicable information specified in subparagraph (B).
``(B) Information.--Regulations issued under this
paragraph 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.
``(b) Other Regulations.--Not later than 30 days after the date of
enactment of the Bovine Growth Hormone Milk Labeling Act, the Secretary
shall issue regulations that establish--
``(1) requirements with respect to the sale, distribution,
and administration of bovine growth hormone; and
``(2) such other requirements with respect to the use of
bovine growth hormone as the Secretary may determine to be
necessary to carry out the objectives of this Act.''.
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