lations. Without knowledge of local authorities, this plant was approved for Federal poultry inspection. In January 1953 this department, in cooperation with the local health departments in the State, impounded approximately three carloads of frozen turkeys distributed by the Production and Marketing Administration to the State welfare department consigned for use in school-lunch programs and charitable institutions. The turkeys were declared as unfit for human consumption because of a high percentage of spoilage and contamination. This matter was brought to the attention of Production and Marketing Administration officials in Washington, D. C., with no direct action. It was not until a second shipment was received in February 1953, and which again was declared as unfit for food because of a high percentage of spoilage and contamination, that the Production and Marketing Administration dispatched personnel to investigate the circumstances. The matter of disposition of these turkeys was a matter of concern to this department inasmuch as we are charged with the protection of the health of the food of the consumers of this State. We objected to the proposals of the Production and Marketing Administration that this poultry be consigned to a plant for further processing and canning. It must be agreed that the poultry industry is in a position to influence the policies of the Department of Agriculture to a far greater extent than they could the Food and Drug Administration. In many instances these policies do not necessarily reflect the best interests of the consuming public. The efforts and funds being expended by the industry to direct this program into Agriculture rather than Health is testimony support of this statement. As an example of this fact I quote, herewith, from a newsletter issued by the Institute of American Poultry Industries under date of November 4, 1955. In an address by Assistant Secretary of Agriculture John Davis to representatives of the Associated Egg & Poultry Industries, Secretary Davis stated in reference to the Agricultural Reorganization Act, "We're more interested in getting industry cooperation to improve the poultry inspection service than we are in where this function is carried out. We'll leave it with the Poultry Division in AMS or transfer it to the Meat Inspection Division-as you recommend." The conduct of poultry inspection by an agency in the Department of Health, Education, and Welfare would enable that agency to engage in investigations of absenteeism among plant employees to determine if the products processed may be the cause of illness, such as psittacosis. This would combine programs of product wholesomeness with the investigation of human illness and improve occupational health conditions. Such programs would be conducted in cooperation with the State and local health departments which are already integrated with the Department of Health, Education, and Welfare in united effort for the control of infectious and contagious disease. This committee, of its own knowledge and by testimony, is well aware of the problems and undesirable features of the existing poultry-inspection program now administered by the Department of Agriculture, and it would appear, therefore, to serve no constructive purpose to review in retrospect our experiences. It seems desirable to project into the future objectively in anticipation of a more acceptable program administered by an agency which will function in the best interests of consumer health. For the information of this committee, I am enclosing, herewith, a copy of a letter which was addressed to the Honorable Ezra Taft Benson, Secretary of Agriculture, on the date of March 10, 1953. It is believed that this letter will express the official attitudes of the Colorado State Department of Public Health as it relates to the current program. In view of the statements contained herein, the Colorado State Department of Public Health urges that this committee give favorable consideration to S. 3176. The Honorable EZRA TAFT BENSON, Secretary of Agriculture, Washington, D. C. MARCH 10,1953. DEAR SECRETARY BENSON: For several years the Colorado State Department of Public Health has not been in accord with the policies and practices of the Production and Marketing Administration of the United States Department of Agriculture. On several occasions we have communicated with representatives of that agency pointing out our dissatisfaction with the poultry grading and inspection program and especially the lack of consideration shown for local and State laws and regulations. The grading and inspection service of the Production and Marketing Administration operates in Colorado in disregard for the responsibilities vested in State and local programs where joint jurisdictions exist, and functions as an autonomous Federal agency within the State. Experiences herewith related have motivated this communication and merely emphasize the problems which arise in our relationship with the Production and Marketing Administration: 1. In 1950 the Federal Food and Drug Administration seized one carload of turkeys originating from a processing plant in Colorado. It was determined that a few of these turkeys were affected with fowl cholera, and upon investigation it was learned that the processing was accomplished in an establishment operating under Production and Marketing Administration grading service. This matter never was brought to our attention by the grading service of the Production and Marketing Administration. 2. In March 1951, a representative of the inspection service of the Production and Marketing Administration made an inspection of a poultry establishment located in the city of Denver. This establishment had been closed by the local authorities for noncompliance with municipal statutes and State regulations. Without knowledge of local authorities, this plant was approved for Federal poultry inspection. 3. On January 28, 1953, we again addressed a communication to the grading service of the Production and Market Administration further requesting that they discontinue the practice of making direct inspections without our knowledge in establishments operating under the jurisdiction of this department. Under date of March 5, we received a reply to this communication advising that it would not be acceptable to the Production and Marketing Administration to inform this State when personnel from that agency conduct inspections in Colorado, and that they reserved the right to visit any plant in Colorado without our knowledge and consent. 4. In January 1953, this department in cooperation with the local health departments in the State impounded approximately three carloads of frozen turkeys distributed by the Production and Marketing Administration to the State welfare department consigned for use in school-lunch programs and charitable institutions. The turkeys were declared as unfit for human consumption because of a high percentage of spoilage. This was brought to the attention of Production and Marketing Administration 'officials in Washington, D. C., with no direct action. It was not until a second shipment was received in February 1953, and which again was declared as unfit for food, because of a high percentage of spoilage, that the Production and Marketing Administration dispatched personnel to investigate the circumstances. The matter of disposition of these turkeys is still in litigation, and this Department, charged with the protection of the health of the food consumers of this State, objects to the proposals of the Production and Marketing Administration that such poultry be consigned to a plant for further processing and canning. We are not unaware of your Department's responsibilities to the economic interests of agriculture, but by the same token we believe that your agency has a basic obligation for the protection of the consumers as it is charged with the inspection and grading of many perishable food commodities. The interests of the poultry industry of Colorado have been severely injured by the publicity resulting from the spoiled frozen turkeys which were distributed in the State by the Production and Marketing Administration. In fairness to a group which is cooperating with State and local authorities, it is believed that measures should be instituted by your Department, in order that a recurrence of this situation, with further damage to the poultry industry be avoided. It is my considered opinion that you, as Secretary of Agriculture, evaluate the services and responsibilities of the Production and Marketing Administration, especially as they relate to the safety and protection of food supplies, and the relationship of that agency to the States and municipalities with the objective of establishing closer and more harmonious States relations. Very truly yours, R. L. CLEERE, M. D., M. P. H., Executive Director. Hon. LISTER HILL, UNITED STATES SENATE, COMMITTEE ON LABOR AND PUBLIC WELFARE, Chairman, Senate Committee on Labor and Public Welfare, United States Senate, Washington, D. C. May 22, 1956. DEAR SENATOR HILL: Along with many of our colleagues, I have been interested in the inauguration of a compulsory inspection program for the poultry industry. With that in mind, I have cosponsored S. 3588 which would establish such a program in the Department of Agriculture and have requested the opportunity to be listed as cosponsor of S. 3176, introduced by Senator Murray for himself and others, which would establish such a program in the Food and Drug Administration of the Department of Health, Education, and Welfare. After studying the matter further, it is my conviction that the program should be in the Department of Agriculture, preferably under the Agricultural Research Service which administers the red meat inspection program. Toward that end, it is my hope that a bill will not be reported out of the Labor Committee so that the Agriculture Committee may report S. 3588 in one form or another. Thank you. Sincerely yours, GORDON ALLOTT, United States Senator. UNITED STATES SENATE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, May 8, 1956. Hon. LISTER HILL, Chairman, Committee on Labor and Public Welfare, DEAR MR. CHAIRMAN: It has come to my attention that a Special Subcommittee of the Committee on Labor and Public Welfare is beginning hearings on S. 3176, a bill to provide compulsory poultry inspection under the Food and Drug Administration. As you know, the poultry industry is one of the largest agricultural industries in Maine today. In the past few weeks, I have had a number of letters and telegrams from representatives of the poultry industry in Maine expressing opposition to S. 3176. It is the feeling of the poultry raisers that poultry inspection should be administered by the Department of Agriculture rather than by the Food and Drug Administration. It is my hope that the Committee on Labor and Public Welfare will take the objections of the poultry industry into full account in their consideration of S. 3176. As a cosponsor of S. 3588, which would provide for compulsory poultry inspection to be administered by the Department of Agriculture on much the same basis as present inspection of cattle, hogs, lambs, etc., I am very much opposed to the alternate proposal contained in S. 3176. With very best wishes. Sincerely yours, Hon. LISTER HILL, Chairman, Committee on Labor, FREDERICK G. PAYNE, United States Senator. UNITED STATES SENATE, Washington, D. C., May 18, 1956. United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: Vigorous protests are coming to me from the poultry industry of Iowa against S. 3176 and I have been asked to urge you to transfer this question of mandatory inspection of poultry to the Senate Committee on Agriculture without reporting a bill from the Committee on Labor. Your action in this respect will be greatly appreciated by an overwhelming majority of the poultry industry. Sincerely yours, THOS. E. MARTIN. Hon. JAMES E. MURRAY, STATE OF INDIANA, May 4, 1956. Chairman, Subcommittee on Legislation Affecting the Food and Drug Administration, Committee on Labor and Public Welfare, Washington, D. C. DEAR SENATOR MURRAY: In accordance with your telegram of May 1, I am submitting herewith, a prepared statement for the subcommittee considering S. 3176. I hope this will be satisfactory. However, if my presence is needed at the subcommittee hearings I will be attending the 60th annual conference of the Association of Food and Drug Officials of the United States in New York City from May 6 to 11, and can be reached at the Hotel New Yorker. I appreciate your consideration of the circumstances which makes it somewhat difficult for me to appear in person on May 9 and your willingness to permit me to file a prepared statement. If, however, circumstances require, I shall be happy to make every effort to appear in person. Sincerely, T. E. SULLIVAN, Director, Division of Food and Drugs. PREPARED STATEMENT SUBMITTED BY T. E. SULLIVAN, DIRECTOR, DIVISION OF FOOD AND DRUGS, INDIANA STATE BOARD OF HEALTH My name is Timothy E. Sullivan. I am the director of the division of food and drugs of the Indiana State Board of Health. I have been employed by the State board of health for a period of approximately 24 years-16 years as a food and drug inspector and the last 8 as director of the division. This prepared statement is submitted in response to a telegram received on April 30, 1956, from Senator James E. Murray, chairman of the subcommittee, requesting that I appear May 9, 1956, to testify before the subcommittee during its hearings on Senate bill 3176 and a subsequent telegram received May 1, 1956, that a prepared statement would be satisfactory but reserving the right to request my personal appearance should conditions warrant. The division of food and drugs is responsible for administering a State Food, Drug, and Cosmetic Act which is uniform in most respects with the Federal Food, Drug, and Cosmetic Act. A copy of the act is attached. The legislative intent (see secs. 1901 and 1907) is to promote uniformity between the administration of the State and Federal acts. This is further emphasized by section 1950 which mandates the adoption by the State of Indiana of definitions and standards of identity, quality, and fill of container for foods for which standards are promulgated under authority of the Federal Food, Drug, and Cosmetic Act or the Federal Meat Inspection Act of 1907. The division of food and drugs is also responsible for administering a general sanitation law which provides standards of sanitation for all establishments where foods are manufactured, processed, or stored. A copy of this act is also attached. Under authority of this act, regulations dealing with sanitation in various types of food industries have been adopted. Among these are regulations dealing with sanitation in slaughterhouses and poultry-dressing plants, copies of which are attached. Certain problems exist in poultry processing plants which are of public health significance: (1) The elimination of diseased birds from the slaughtering process; (2) preventing the contamination of carcasses during processing or storage by bacteria, fecal material, or other foreign substances or chemicals which might be injurious to the consumer; and (3) preventing fraud or deception to the consumer through sophistication of carcasses or portions of carcasses by the use of chemicals, injection of liquids into the carcass, or the use of "culls" or diseased birds in soups, comminuted poultry preparations or other products where the original condition of the carcass is concealed. Today, much of the poultry and poultry products offered to the buying public have traveled in interstate commerce. Local health departments or State regulatory agencies are unable to determine either the sanitary conditions under which this poultry was slaughtered or whether the birds themselves were free from disease and were fit for food at the time of slaughter. For example, in Indiana, there are about 800 poultry plants, each of which process 50 or more birds per week. Despite this, more than 50 percent of the poultry and poultry products offered for retail sale were processed outside of the State. 78733-56- -16 In an effort to assure the people in their respective jurisdictions that poultry offered for human consumption is wholesome and has been processed under acceptable sanitary conditions, many municipalities have adopted ordinances requiring the inspection of poultry plants located outside the municipality by representatives of the local health department. For example, representatives of the Cincinnati Health Department send representatives to inspect poultry plants in Indianapolis (110 miles away) who wish to ship their products to Cincinnati. Cleveland requires similar inspections. This same practice is true in many other localities throughout the Nation. In addition, many other cities are contemplating similar action. This As a service to communities contemplating the adoption of poultry ordinances, the United States Public Health Service in 1955 distributed a recommended poultry ordinance dealing with the sanitary aspects of poultry processing. It was produced after more than 3 years' intensive study by a poultry industry public health liaison committee, of which I have the honor to be a member. ordinance, however, will not guarantee the wholesomness or freedom from disease of birds at the time of slaughter since there are no provisions for post and ante mortem inspection of birds by a qualified veterinarian at the time of slaughter. An attempt to compile an ordinance which will provide for adequate ante and post mortem inspection of birds is now in process. Adoption of these ordinances by cities and States and the activation and training of qualified people to enforce them will take considerable time-several years at least. The problem, however, is with us now. Local and State health officers are concerned over the number of food poisoning cases that have been traced to poultry. The United States Public Health Service has stated many times that poultry is one of the principal reservoirs of disease transmissible to humans. Complaints and rumors that diseased birds are slaughtered and of insanitary practices existing in poultry processing plants are casting suspicion on poultry as a food product. This problem can be relieved materially by the adoption by the Congress of legislation such as that contemplated by S. 3176. Since many of the problems existing in this industry are of public health significance, such a law should be administered by a consumer protective agency such as the Food and Drug Administraiton. State and local regulatory agencies in many parts of the country with whom I have spoken favor the adoption of such legislation, including a number of the officers of the Association of Food and Drug Officials of the United States. Just last week, the Central States Association of Health, Food, Drug, and Feed Officials, whose membership consists of State and local regulatory people from Wisconsin, Michigan, Illinois, Indiana, Ohio, and Kentucky, adopted a resolution favoring such action, a copy of which is attached. I respectfully urge the members of this subcommittee to consider favorably the adoption of S. 3176. THE CENTRAL STATES ASSOCIATION OF HEALTH, FOOD, Drug, and FEED OFFICIALS SPRING MEETING-MADISON, WIS., APRIL 26 AND 27, 1956 Whereas diseased and otherwise unfit poultry is being slaughtered and processed; and Whereas poultry is being processed in plants failing to meet minimum sanitary standards; and Whereas this constitutes a problem in the protection of the health of the consumer; and Whereas a major portion of this poultry travels in interstate commerce and is not amenable to State or local control; and Whereas several bills have been introduced in Congress of the United States to correct these conditions: Therefore be it Resolved, That the Central States Association of Health, Food, Drug, and Feed Officials urges the Association of Food and Drug Officials of the United States to support the passage of a bill to amend the Federal Food, Drug, and Cosmetic Act so as to prohibit the movement in interstate or foreign commerce of unsound, unhealthful, diseased, unwholesome, or adulterated poultry or poultry products and providing for the establishment of a Poultry Inspection Service in the Food and Drug Administration; and be it further |