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when he finds that such milk and/or cream is produced and handled so not to be unfit for importation under clasues 1, 2, and 3 of section 2 of this act, he shall issue to persons making application therefor permits to ship milk and/or cream into the United States : Provided, That in lieu of the inspections to be made by or under the direction of the Secretary of Agriculture he may, in his discretion, accept a duly certified statement signed by a duly accredited official of an authorized department of any foreign government and/or of any State of the United States or any municipality thereof that the provisions in clauses 1, 2, and 3 of section 2 of this act have been complied with. Such certificate of the accredited official of an authorized department of any foreign government shall be in the form prescribed by the Secretary of Agriculture, who is hereby authorized and directed to prescribe such form, as well as rules and regulations regulating the issuance of permits to import milk or cream into the United States.
The Secretary of Agriculture is hereby authorized, in his discretion, to waive the requirement of section 2, paragraph 4, of this act when issuing permits to operators of condenseries in which milk and/or cream is used when sterilization of the milk and/or cream is a necessary process: Providad, however, That po milk and/or cream shall be imported whose bacterial count per cubic centi. meter in any event exceeds one million two hundred thousand: Provided further, That such requirements shall not be waived unless the farm producing such milk to be imported is within a radius of fifteen miles of the condensery in which it is to be processed: Provided further, That if milk and/or cream imported when the requirements of section 2, paragraph 4, have been so waived, is sold, used, or disposed of in its raw state or otherwise than as condensed milk by any person, the permit shall be revoked and the importer shall be subject to fine, imprisonment, or other penalty prescribed by this act.
The Secretary of Agriculture is directed to waive the requirements of paragraph 2 and 5 of section 2 of this act in so far as the same relate to milk when issuing permits to operators of, or to producers for delivery to, creameries and condensing plants in the United States within twenty miles of the point of production of the milk, and who import no raw milk except for Pasteurization or condensing: Provided, 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, condensed, or evaporated milk by any person, the permit shall be revoked and the importer shall be subjected to fine, imprisonment, or other penalty prescribed by this act.
The Secretary of Agriculture is hereby authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purpose of this act for the handling of milk and cream, for the inspection of milk, cream, cows, barns, and other facilities used in the production and handling of milk and/or cream and the handling, keeping, transporting, and importing of milk and/or cream: Provided, however, That if, when this act becomes effective, the Secretary of Agriculture is of the opinion that such inspections as made, or caused to be made, by him are so incomplete as to require the issuance of temporary permits, he shall issue temporary permits to any applicant therefor to ship or transport milk and/or cream into the United States, which temporary permits may be revoked by the Secretary of Agriculture at any time.
The Secretary of Agriculture is authorized to suspend or revoke any permit for the shipment of milk or cream into the United States when he shall find that the holder thereof has violated this act or any of the regulations made hereunder, or that the milk and/or cream brought or shipped by the holder of such permit into the United States is not produced and handled in conformity with, or that the quality thereof does not conform to, all of the provisions of section 2 of this act.
SEC. 4. It shall be unlawful for any person in the United States to receive milk or cream imported into the United States unless the importation is in accordance with the provisions of this act.
SEC. 5. Any person who knowingly violates any provision of this act shall, in addition to all other penalties prescribed by law, be punished by a fine of not less than $50 nor more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment.
SEC. 6. There is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $50,000 per annum, to enable the Secretary of Agriculture to carry out the provisions of this act.
SEC. 7. Any laws or parts of laws inconsistent herewith are hereby repealed.
SEC. 8. Nothing in this act is intended nor shall be construed to affect the powers of any State, or any political subdivision thereof, to regulate the shipment of milk or cream into, or the handling, sale, or other disposition of milk or cream in, such State or political subdivision after the milk and/or cream shall have been lawfully imported under the provisions of this act.
SEC. 9. When used in this act
(a) The term ' person means an individual, partnership, association, or corporation.
(b) The term “United States” means continental United States.
SEC. 10. This act shall take effect upon the expiration of ninety days from the date of its enactment.
The CHAIRMAN. Let it be understood that the meeting this morning was not called for the purpose of discussing the fundamentals of S. 4126, which have been clearly set forth in hearings had on May 11, 12, 13, 20, 21, 22, and 25 of this year.
Senator Bingham requested that he might be heard this morning before going to another committee. Senator Bingham, do you wish to hear the amendments read before you make your statement, or do you simply want to make a general statement in the matter?
Senator BINGHAM. I should be very glad to hear the amendments.
The CHAIRMAN. Have any of you gentlemen your amendments prepared ?
Mr. CORNELIUS A. PARKER. I have some amendments prepared, and I can present them if desired, but I think there are some other amendments from other sources.
The CHAIRMAN. Have any other persons present any amendments that they wish to submit to this bilì ?
Mr. BENJAMIN B. PIPER. I have one that I wish to submit.
Senator BINGHAM. Well, Mr. Chairman, I must be at another hearing within a few minutes, and I would like to be heard now, if I may.
The CHAIRMAN. Very well. I thought maybe you wanted to know what amendments were going to be presented, so that you might discuss them.
Senator BINGHAM. No; I am merely intending to discuss the matter generally.
The CHAIRMAN. You may proceed.
Senator BINGHAM. Mr. Chairman and gentlemen of the committee: In Connecticut the dairy business has been increasing steadily in recent years. The so-called abandoned farms of New England, of which we have had a considerable number in Connecticut, are gradually being taken up, and more and more of them used as our milk business has increased, and as the building of good roads has made it possible for our milk producers to get to market. Only a few years ago in the county about New London, with which I am familiar, land was almost impossible to sell at any price, and that which did sell sold for $4 or $5 an acre, and the farmer there who would have been glad to sell milk in town found it impossible to get milk to market. In that particular valley, in the towns of Salem and New London, for instance, we have laid great stress on the use
of milk, and its use is constantly increasing. As everyone realizes in the last few years in hospitals the curve in the use of milk has been steadily going upward, and its importance, the importance of pure milk, has been more and more recognized. Milk so easily carries germs that in the olden times people were afraid to use any but boiled milk, and I am sure that many of us can remember when we were forbidden to drink raw milk as it was called in most places, and still in many parts of the world the use of raw milk is considered almost poisonous.
This bill as I understand it, Mr. Chairman, prohibits the use of milk being imported into the United States which has not been reasonably cared for in its production, by the use of methods which are now recognized as being necessary in nearly all our States, or more particularly in our cities. I notice particularly on page 2 of the bill, the third clause, beginning with line 8, relating to sanitary conditions of the dairy farm or plant in which such milk or cream is produced or handled, that it must score at least 50 points out of 100 poin according to the methods for scoring as provided by the score cards used by the Bureau of Dairy Industry of the United States Department of Agriculture. That seems to us in Connecticut a very low score, as we insist that our dairies shall have a much higher score than that.
The CHAIRMAN. What do you suggest ?
Senator BINGHAM. I have no amendments to offer. I received this morning a telegram from the Connecticut Producers' Association, urging the importance of the passage of this bill.
The CHAIRMAN. I see.
The CHAIRMAN. Would you increase that score any particular number of points, or do you just say you think it is a little low?
Senator BINGHAM. It seemed low to me as I have read it over, in view of what we require in the State of Connecticut. But I do not suggest any amendments. I am particularly pleased at the intent of the bill—that there is nothing in it that interferes with State rights and nothing that should be regarded as an infringement on the rights of our States and cities to make our own regulations. In the wording of the bill it seems to be just the kind of thing the Federal Government should do to protect the States against foreign importation, and yet not interfere with the rights of the States to make their own regulations. I thank you.
The CHAIRMAN. Senator Dale, do you desire to make a statement? Senator DALE. No, Mr. Chairman.
The CHAIRMAN. Now, Mr. Parker, have you your amendments that you desire inserted in the record !
Mr. PARKER. Yes, sir. I have furnished some of the members of the committee with a copy, which is as follows:
Amend section 2 by striking out after the word “cream,” in line
" 3, page 2, the words “if raw is not” and inserting in place thereof the following: “Has not been Pasteurized or is not to be sub- .
sequently Pasteurized before consumption unless it is”; inserting at the beginning of line 6, on page 2, before the word “in” the words or a provincial government thereof,” so that said paragraph 2, as amended shall read as follows:
(2) When such milk or cream has not been Pasteurized or is not to be subsequently Pasteurized before consumption unless it is produced from cows which have passed a tuberculin test applied by a duly authorized official veterinarian of the United States or of the country or a provincial government thereof in which such milk or cream is produced within one year previous to the time of importation showing that such cows are free from tuberculosis.
Amend section 2, paragraph 5, by striking out in line 22 the word “ fifty," and inserting in place thereof the word “sixty."
Amend section 3 by inserting at the beginning of line 11, before the word " and " the words " or of any provincial
government thereof." By inserting in place of the words beginning with “ Provided, however,” line 20, page 4, to the end of line 2, page 5, the following:
Provided, however, That no milk or cream shall be excluded from importation under the provisions of this act until the Secretary of Agriculture has made or caused to be made the inspections and bacteriological tests required under the provisions of this statute relative to said milk or cream, or has provided for the issuance of certificates as hereinbefore provided from the foreign government or a provincial government thereof within whose boundaries the milk or cream is produced, or the State or municipality to which such m.lk or cream is imported. The Secretary of Agriculture shall issue temporary permits to any shipper of m lk or cream, making application for a license under section 1 of this act, until the inspections herein provided for are made.
Amend section 3 by inserting after the word “ this,” in line 6, page 5, the words “the first, second, or third paragraphs of section 2 of this act.”
Section 5: Strike out the provision requiring imprisonment.
Section 6, line 23: Strike out the words “fifty thousand dollars and insert in place thereof " five hundred thousand dollars."
The CHAIRMAN. At this point in the record I desire mention made that Representative Tilson, the majority leader in the House, wishes to go on record as approving the bill.
Ålso Representative Godfrey G. Goodwin, of the tenth Minnesota district, is present and wishes to be recorded in favor of the bill.
Representative Edward E. Browne, of Wisconsin, wishes to be recorded as in favor of the bill.
Now, Mr. Parker, will you take the chair at the end of the table and tell the committee your reasons for desiring this bill to be amended, and especially in the particulars that you have designated in your memorandum?
STATEMENT OF CORNELIUS A. PARKER, OF BOSTON, MASS., REP- .
RESENTING THE CREAM DEALERS ASSOCIATION OF NEW ENGLAND
Mr. PARKER. Mr. Chairman and members of the committee, I understand that I am limited to the presentation of the amendments of this bill as it comes to you from the House of Representatives. The purpose of the bill is said to be to equalize the situation in this country with regard to cream coming in from Canada. There are none of these amendments that are not directed strictly to the effort
to place the Canadian shipper of cream on just the same basis as the producer or shipper of cream inside the States. One of the amendments which I have not suggested and because I knew it had no chance of passage, which would be an equalizat.on, I repeat, an absolute equalization, would be to make this bill apply to interstate traffic as well as to importers.
The CHAIRMAN. Mr. Parker, pardon me. While the record probably shows whom you represent, and your connections, but for the benefit of the gentlemen present to-day it might be well for you at this place to state whom you represent.
Mr. PARKER. Mr. Chairman and gentlemen of the committee, I represent the Cream Dealers' Association of New England, which includes all the large and reputable shippers of cream in New England. Outside of those who deal principally in milk, some of whom are not members of the Boston & Suburban Milk Dealers' Associat:on, it includes, I think I may say, all the reputable dealers of any size shipping into Boston as far as milk is concerned. That is, it includes the whole of them, practically speaking.
The CHAIRMAN. You do not represent or attempt to speak for the producers or consumers, but for those who deal in milk and milk products.
Mr. PARKER. Only this, that the dealer outside of the activity of the State or city must be a man who speaks for the consumer, because he is the man who is in contact with the consumer, and therefore I believe we are speaking for the consumer.
The CHAIRMAN. Very well; you may proceed with your statement.
Mr. PARKER. With regard to section 2 of the bill you have the provision:
SEC. 2. Milk or cream shall be considered unfit for importation (1) when all cows producing such milk or cream are not healthy and a physical examination of all such cows has not been made within one year previous to such milk being offered for importation.
Provided the bill is to pass, although we consider it unnecessary legislation, yet I repeat provided it is to pass, that provis on of the bill could not be particularly objectionable in event the machinery were established to make it poss ble for these things to be done, and if our shippers could have the test made.
As originally drawn the bill made it important to consider that matter carefully because it did not provide an adequate appropriation, and it shut milk and cream out automatically, unless the Government got around to making these tests or to giving certificates.
There are some amendments which help somewhat on that but they are weakly drawn, and I shall submit as to them some changes later on in connection with the next section. Section 2 provides:
When such milk or cream, if raw, is not produced from cows which have passed a tuberculin test applied by a duly authorized official veterinarian 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.
This does not affect any cream produced in Canada; and that is the big part of the problem, because all cream produced in Canada and shipped to the United States is Pasteurized. I want to say that there might be in some little hamlet up on the New York line a little