Senator LENROOT. Mr. Chairman, the proponents of this bill when the hearing began said they did wish to be heard but that they would like to be heard at another session. Mr. Holman has just advised me that unless the committee has been impressed by what has been said they would not ask to make a further argument. But in view of the possibilities of your being impressed I think the committee might desire to hear further from the proponents of the bill. The CHAIRMAN. I personally would like to discuss some of these amendments with the gentlemen who are in favor of the bill, particularly the matter of Pasteurization. Senator KEYES. I should like to ask a few questions. Senator LENROOT. I think it would be desirable to have a session to-morrow morning, with the understanding that the hearing will then be closed and that the proponents of the measure will have to-morrow as the opponents of the measure have had this morning. The CHAIRMAN. Very well, the committee will now stand adjourned until 10.30 o'clock to-morrow morning to hear further from the proponents of the bill. Mr. PARKER. Mr. Chairman, of course, I am appearing before the committee, but I had planned just to-day to be in Washington, because I understood only one day would be devoted to these hearings. The CHAIRMAN. Oh, no; it was understood that both sides would be heard. Mr. PARKER. I was wondering if it might be possible to meet at a later date? Senator LENROOT. Mr. Chairman, I shall have to oppose that. The CHAIRMAN. I think we will have to hear the proponents of. this measure to-morrow morning, and therefore the committee now stands adjourned until 10.30 o'clock to-morrow morning. (Thereupon, at 12 o'clock noon, the committee adjourned to meet to-morrow, Wednesday, December 22, 1926, at 10.30 o'clock a. m.) TO REGULATE THE IMPORTATION OF MILK AND CREAM WEDNESDAY, DECEMBER 22, 1926 UNITED STATES SENATE, COMMITTEE ON AGRICULTURE AND FORESTRY, Washington, D. C. The committee met at 10.30 o'clock a. m. in room 326, Senate Office Building, pursuant to adjournment on yesterday, Senator Charles L. McNary presiding. Present: Senators McNary (chairman), Capper, Keyes, Gooding, Ransdell, Kendrick, Heflin, Ferris, and Mayfield. Present also: Senators Lenroot and Copeland; Representatives Taber, of New York, Goodwin, of Minnesota, and Voigt, Lampert, Browne, and Beck, of Wisconsin. The CHAIRMAN. The committee will be in order. Representative Taber has handed me a memorandum which I shall read in order that it may be made a part of the record: Amendment, page 4, line 12: After the word "act" insert a new paragraph, as follows: "The Secretary of Agriculture is hereby authorized in his discretion to waive the requirements of paragraphs 2 and 5 of section 2 of this act when issuing permits to operators of Pasteurization plants in which milk is Pasteurized and who import no milk except for Pasteurization; 66 Provided further, That such requirements shall not be waived unless the farm producing such milk to be imported is within 15 miles of the Pasteurization plant in which it is to be Pasteurized ; 66 Provided further, That if milk imported when the requirements of paragraphs 2 and 5 of section 2 have been so waived is sold, used, or disposed of in its raw state or otherwise than as Pasteurized milk by any person that permit shall be revoked and the importer shall be subject to fine, imprisonment, or other penalty prescribed by this act." The CHAIRMAN. Now, Senator Lenroot, I take it that you have familiarized yourself with this proposition, have you? Senator LENROOT. I should like to have Mr. Holman make a statement first. I believe Mr. Holman is in the other room, and while some one is calling him I will say that there are one or two gentlemen who would like to make short statements in reply to something that was said here on yesterday. The CHAIRMAN. Very well, but let us see if these amendments are acceptable. Here is Mr. Holman now; take the stand, please. STATEMENT OF CHARLES W. HOLMAN, SECRETARY NATIONAL COOPERATIVE MILK PRODUCERS' FEDERATION, WASHINGTON, D. C. The CHAIRMAN. Mr. Holman, I have inserted in the record some amendments that were suggested by the health department of the city of New York, as I recall it. Senator Lenroot thought that prob ably you would like to make a statement concerning them. Are you familiar with the purpose of the amendment? Mr. HOLMAN. That is, this paper here? The CHAIRMAN. The one that I read into the record. Mr. HOLMAN. Yes, sir. The CHAIRMAN. You may proceed. Mr. HOLMAN. Mr. Chairman and gentlemen of the committee, on yesterday, following the hearing, the representatives of our organization, the National Cooperative Milk Producers' Association, and two of its constituent organizations, the New England Milk Producers' Association and the Dairymen's League, a cooperative association, I. M. C., of the New York territory, Representative Taber, and Senator Lenroot, held a conference with Mr. Salthe, who was here yesterday morning as the representative of Doctor Harris, city health commissioner, with a view to meeting any objections that seemed to be reasonable which had been raised by officials having to do with the enforcement of milk and cream regulations in municipalities and States. The committee will recall that Commissioner Gilbert made a suggestion of one amendment to take care of local trucking of milk and cream across the border. And Mr. Salthe raised the question of the temperature at which milk could be received at local plants along the border from morning's milk; also the question of tuberculosis requirements so far as these border-line plants and the farmers along the border were concerned. As the result of that, this conference agreed to the amendment which has been introduced into the record this morning, and we believe that it will not materially change the general purposes of the bill but will perhaps permit certain quantities of milk to come across the border under terms which are in harmony with and within the spirit of the general purposes of the bill; and if there should be any injustice done to these people that that would be cured by this amendment. The CHAIRMAN. Mr. Holman, did you take into your conference the representatives of milk dealers? Mr. HOLMAN. No, Mr. Chairman; we did not. We do not know whether they would agree to the amendment or not; in fact, this is the first opportunity we have had to discuss it. The CHAIRMAN. You do not know whether the proposed amendment of Doctor Salthe would be acceptable to the milk dealers' association or not? Mr. HOLMAN. I do not, nor do I know whether Commissioner Harris has approved Mr. Salthe's suggestion. All I know is that Mr. Salthe agreed with us, about 4 o'clock yesterday afternoon, on the text of this particular amendment. The CHAIRMAN. And that is the amendment that has been inserted in our record this morning? Mr. HOLMAN. Yes, sir. And I have here several extra copies of the amendment which the gentlemen in the audience who are interested might have if they wish to look at the amendment. The CHAIRMAN. That is as far as you wish to discuss the amendment, is it? Mr. HOLMAN. I have a few points which a little later I should like to take up to answer some points brought up by Mr. Finerty. The CHAIRMAN. Very well. We will first discuss this amendment. Senator Copeland is here and has a word to say on the subject, I believe. Mr. HOLMAN. Very well, I will stand aside for the present. The CHAIRMAN. Senator Copeland, will you take the chair at the other end of the table and address the committee. We shall be very glad to hear you. STATEMENT BY HON. ROYAL S. COPELAND, A SENATOR FROM THE STATE OF NEW YORK Senator COPELAND. Mr. Chairman and gentlemen of the committee, I am between two fires, or perhaps in a circle, in this matter. Having been health commissioner of New York City, naturally the health authorities now in charge expect me to give some attention to the policy of the department. I have this morning received a telegram from the able commissioner of health, Doctor Harris, in which he says: Lenroot-Taber bill prohib ́ting shipping of Canadian milk products to the United States would threaten the milk supply of New York City if passed, and would cause more increase in price to consumers. On the other hand, if the bill is modified to make Canadian milk products conform to New York City regulations it would be a great public service, and I would most strongly urge the adoption of the bill so modified. The CHAIRMAN. Senator Copeland, the telephone rang then and I did not catch what you said there at the last. Did you say if modified? Senator COPELAND. He says: I would most strongly urge adoption of the bill so modified. That means if so modified. as to conform to the New York City requirements. Now, this bill, on page 2, section 2, contains a paragraph relating to tuberculin tests: When such milk or cream, if raw, is not produced from cows which have passed a tuberculin test applied by a duly authorized official veterinar.an of the United States, or of the country in which such milk or cream is produced, within one year previous to the time of the importation, showing that such cows are free from tuberculosis. If that provision were left in the law it would cut out from New York City a quantity of milk which I have heard estimated at 50,000 quarts. Is that about right? Mr. CLINTON. It is greater than that. Senator COPELAND. About 50,000 quarts per day. That is a very considerable amount of milk. Of course we do not want to have raw milk sold in our city from untested cattle, but we do have an enormous consumption of milk in New York City, upwards of 3,000,000 quarts a day, which must appeal to you as an enormous consumption. If there were to be a provision made by law requiring all milk in New York City to be from tuberculin-tested cattle, we would suffer a famine. It just could not be done. That would be utterly out of the question. Senator GOODING. Well, Senator Copeland-never mind, I will not interrupt. Senator COPELAND. Our thought in this matter, and I have consulted not only the commissioner of health of New York City, but officials of the Dairymen's League in New York State-and I want to say to you, Mr. Chairman, more particularly, that with your views on cooperation in agriculture, that the Dairymen's League is one of the most remarkable organizations that I know anything about. I have been enthusiastic for these various farm bills because of what I have observed in connection with this great organization, a very successful organization, and I commend it to you for your study, as being well worth while. The CHAIRMAN. Senator Copeland, I have clearly in mind your objections to subdivision 2. Senator COPELAND. Very well. The CHAIRMAN. Have you seen the suggested amendment that was presented here this morning? Senator COPELAND. Yes. The CHAIRMAN. Does that cover your situation? Senator COPELAND. Not quite. This morning I consulted with officials of the Dairymen's League, and with representatives of the distributors in New York City. We propose this The CHAIRMAN (interposing). Are you going to take some language from the bill or is it from the proposed amendment? Senator COPELAND. From both. I am going to propose that, following line 22, on page 2 The CHAIRMAN (interposing). After the word "Fahrenheit "? Senator COPELAND. Yes; after the word Fahrenheit, that a new paragraph be added: Provided, That paragraphs 2 and 5 of this section— And section 2 is the one I just read about tuberculin-tested cattle, and section 5 refers to temperature of milk. I now read: Provided, That paragraphs 2 and 5 of this section shall not apply when the milk is to be delivered to creameries in the United States within 15 miles of the point of production of the milk and operated by persons or corporations who import no milk exception for Pasteurization. Now, you see the significance of that. The CHAIRMAN. I hardly got it. I was trying to follow your language with the proposed amendment. amendment? Have you the proposed Senator COPELAND. Yes; I have the proposed amendment. Senator COPELAND. It reads: The Secretary of Agriculture is hereby authorized, in his discretion, to waive the requirements of paragraphs 2 and 5 of section 2. * * * That is what the proposed amendment says. The CHAIRMAN. Yes. Senator COPELAND. I asked the Dairymen's League representative and others: Is it intended that the Secretary of Agriculture shall waive this provision? And they all agreed, yes. All right, then, we do not want it as an option. We want to make it obligatory. The CHAIRMAN. We can only waive it by adopting an alternative, Pasteurization. |