or failing to use, failing to deface, failing to destroy, or failing to detach any official inspection mark, as directed by rules and regulations hereunder prescribed by the Secretary. "(3) Forging, counterfeiting, or simulating, or without proper authority using, dfacing, destroying, detaching, or altering any official certificates or documents, or failing to use, failing to deface, failing to destroy, or failing to detach any official certificates or documents as directed by rules and regulations hereunder prescribed by the Secretary. "(4) Offering for sale or selling for human consumption, whether at wholesale or retail, in the District of Columbia or in any Territory or possession of the United States, any poultry or poultry products from a poultry processing establishment engaged in processing for commerce which has not been inspected, certified, and marked or labeled with an official inspection mark in accordance with the provisions of this chapter as directed by rules and regulations hereunder prescribed by the Secretary. "(5) Refusing to permit access, at all reasonable times, to the premises of an establishment engaged in processing poultry and poultry products for commerce, of inspectors and other employees of the Poultry Inspection Service. "(6) Refusing to permit access to or the copying of any records of an establishment engaged in processing poultry and poultry products for commerce by inspectors or other employees of the Poultry Inspection Service where such records are relevant to the purposes of this chapter. "INJUNCTION PROCEEDINGS "SEC. 1003. (a) The district courts of the United States and the United States courts of the Territories shall have jurisdiction, for cause shown, and subject to the provisions of section 17 (relating to notice to opposite party) of the Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914, as amended, to restrain violations of section 1002. "(b) In case of violation of an injunction or restraining order issued under this section, which also constitutes a violation of this Act, trial shall be by the court, or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of section 22 of such Act of October 15, 1914, as amended. "PENALTIES "SEC. 1004. (a) Any person who violates any of the provisions of section 1002 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both such imprisonment and fine; but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both such imprisonment and fine. "(b) Notwithstanding the provisions of subsection (a), in case of a violation of any of the provisions of section 1002, with intent to defraud or mislead, the penalty shall be imprisonment for not more than three years, or a fine of not more than $10,000, or both such imprisonment and fine. "ANTE MORTEM INSPECTION, AND SO FORTH "SEC. 1005. On and after anuary 1, 1957, for the purpose of preventing the entry into or flow or movement in commerce of poultry and poultry products which are unsound, unhealthful, diseased, unwholesome, adulterated, or otherwise unfit for human food, the Secretary shall cause to be made by inspectors, pursuant to rules and regulations hereunder prescribed, such ante mortem examination, inspection, quarantine, segregation, and condemnation of poultry about to be slaughtered as shall be necessary to prevent the slaughtering and further processing of sick or suspect poultry in poultry processing establishments engaged in processing for commerce. "POST MORTEM EXAMINATION, AND SO FORTH "SEC. 1006. On and after January 1, 1957, for the purposes hereinbefore set forth, the Secretary, under rules and regulations by him prescribed, shall cause to be made by inspectors, in each poultry processing establishment engaged in processing for commerce, a post mortem examination and inspection of the carcass of each bird processed. Carcasses and parts thereof of all birds found to be sound, healthful, wholesome, unadulterated, and fit for human food shall be labeled with the official inspection mark. All carcasses and parts thereof of birds found to be unsound, unhealthful, unwholesome, adulterated, or otherwise unfit for human consumption shall be marked, stamped, tagged, or labeled in appropriate language, pursuant to rules and regulations prescribed by the Secretary, declaring the completion of an inspection and the finding of unfitness of such carcass or part thereof for human consumption. All carcasses and parts thereof thus inspected and found to be unfit for human consumption shall be condemned and shall be promptly denatured or destroyed, under the supervision of an inspector, by the poultry processing establishment in which found, pursuant to rules and regulations prescribed by the Secretary, so as to prevent use of same as human food and preclude dissemination of disease through consumption by animals. "REINSPECTION "SEC. 1007. On and after January 1, 1957, under rules and regulations prescribed by the Secretary, there shall be reinspection of carcasses and parts thereof as often as may be deemed necessary to insure fitness of poultry and poultry products for human consumption. The condemnation and destruction procedures prescribed hereunder shall be applicable if necessary, upon such reinspection, notwithstanding that such poultry or poultry products had been passed and certified in the previous inspection. "QUARANTINE AND SEGREGATION "SEC. 1008. On and after January 1, 1957, under rules and regulations prescribed by the Secretary, inspectors shall direct such quarantine or segregation of uninspected, suspect, or condemned live poultry or carcasses or parts thereof at poultry processing establishments as will prevent contamination of poultry and poultry products which may be certified as edible for human consumption. "INSPECTION MARK ON CONTAINERS "SEC. 1009. When poultry or poultry products which have been duly certified hereunder as fit for human consumption shall be placed or packed in any container in any poultry processing establishment, the person processing same shall cause the official inspection mark to be placed upon the container, pursuant to rules and regulations prescribed by the Secretary. "INSPECTION MARK ON CARCASS OR PART "SEC. 1010. When duly certified poultry or poultry products are intended to be offered for retail sale and are to be shipped or removed from the poultry processing establishment without being placed or packed in any retail container labeled with the official inspection mark, the official inspection mark shall be placed upon or affixed to the carcass, part thereof, or other unit of poultry or poultry products. "SANITATION OF PREMISES, FACILITIES, AND EQUIPMENT "SEC. 1011. On and after January 1, 1957, each establishment engaged in processing poultry or poultry products for commerce shall construct, remodel, maintain, and operate its premises, facilities, and equipment pursuant to rules and regulations prescribed by the Secretary, to avoid rendering the poultry and poultry products therein handled unsound, unhealthful, diseased, unwholesome, adulterated, or otherwise unfit for human food. "SANITARY PROCESSING PRACTICES "SEC. 1012. On and after January 1, 1957, each establishment engaged in processing poultry or poultry products for commerce shall carry out such processing with constant application of sanitary practices, pursuant to rules and regulations prescribed by the Secretary, to avoid rendering the poultry and poultry products therein handled unsound, unhealthful, diseased, unwholesome, adulterated, or otherwise unfit for human food. "EFFECT OF FAILURE TO MAINTAIN STANDARDS OR PROCESSING PRACTICES, AND SO FORTH "SEC. 1013. On and after January 1, 1957, the maintenance, operations, and practices required under sections 1011 and 1012 shall be supervised by inspectors, and upon the failure, neglect, or refusal of any establishment engaged in processing for commerce to adhere to required standards the inspectors, conformably to rules and regulations prescribed by the Secretary, shall refuse to allow the use of the official inspection mark upon any poultry and poultry products handled in such establishment, during the period of such failure, neglect or refusal. "POULTRY INSPECTION SERVICE OF FOOD AND DRUG ADMINISTRATION "SEC. 1014. There is hereby created in the Department, as a division of the Food and Drug Administration, the Poultry Inspection Service. The Secretary shall have the power to appoint, remove, and fix the compensation, in accordance with existing laws, of such officers, inspectors, and employees of the Poultry Inspection Service as he deems necessary, including expenditures for rent outside the District of Columbia, travel, supplies, books, equipment, and such other expenditures as may be necessary to the administration of this chapter. "RELATIONSHIP TO OTHER ACTS "SEC. 1015. This chapter shall not be construed as (1) superseding or limiting the functions, under any other law, of the Secretary of Health, Education, and Welfare or the Department of Health, Education, and Welfare, the Food and Drug Administration, the Surgeon General of the Public Health Service, or the Public Health Service, or of any other officer or agency of the United States, or (2) affecting or impairing the provisions of any treaty of the United States. "PROMULGATION OF ORDERS, RULES AND REGULATIONS "SEC. 1016. The Secretary shall promulgate such orders, rules and regulations as he deems necessary to carry out the provisions of this Act. "SEPARABILITY "SEC. 1017. If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby. "DATE OF EFFECT "SEC. 1018. This chapter shall take effect July 1, 1956: Provided, That all poultry and poultry products on hand, on January 1, 1957 at poultry processing establishments engaged in processing for commerce, shall be examined, labeled, and allowed to be sold in commerce, under such rules and regulations as the Secretary shall prescribe." Hon. LISTER HILL, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Chairman, Committee on Labor and Public Welfare, United States Senate, Washington, D. C. May 9, 1956. DEAR MR. CHAIRMAN: This letter is in response to your request of February 13, 1956, for a report on S. 3176, 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. This bill would provide for the establishment in the Food and Drug Administration of the Department of Health, Education, and Welfare of a poultry inspection service. Such services would be for the purpose of extending the enforcement of the Federal Food, Drug, and Cosmetic Act to provide mandatory inspection of poultry and poultry products which are distributed in interstate commerce. The service would supply adequate ante mortem and post mortem examination and inspection of all poultry and poultry products which move or are intended to move in interstate commerce. It would be designed to protect the public against purchase and consumption of diseased, spoiled, and otherwise unwholesome poultry and poultry products by authorizing a complete inspection at the point of slaughtering and dressing. The bill provides definitions of adulterated poultry that are consistent with the present adulteration provisions of the Food, Drug, and Cosmetic Act and includes necessary provisions for inspection and penalties for violations. It provides for the use of official inspection marks for the identification of inspected poultry. The experience and observation of the Food and Drug Administration and the Public Health Service convinces us of the need for a poultry inspection service of the nature provided for in this bill. Our views are supported from many sources, including the Institute of American Poultry Industries. This national trade organization of poultry processing and marketing firms in December 1955 made public a resolution favoring the development and adoption of sound mandatory inspection for poultry. There is strong demand for such inspection from the public generally and from persons engaged as workers in poultry slaughtering and packing industries. We strongly endorse the provision which would require ante mortem inspection of poultry whenever there is any need therefor. We believe such a provision is necessary not only to detect sick and unhealthy birds which show the signs of such condition while alive, but also to eliminate from processing poultry which is capable of transmitting disease either to handlers and workers in the packing plants and the channels of distribution, or to housewives and consumers. We believe that in view of the fact that the Department of Agriculture is already responsible for the only other mandatory Federal meat inspection program, i. e., the program under the Meat Inspection Act, the poultry inspection program proposed by this bill should likewise be entrusted to that Department. This would make it possible for the Secretary of Agriculture to maintain, as far as practicable, uniform enforcement policy among the different meat products, including poultry. Moreover, in order to carry out the provisions of this bill, a new and separate unit in the Food and Drug Administration would have to be created. This would involve developing basic facilities and extensive personnel recruitment and training. Such a unit would have to be developed from the ground up. It appears inexpedient from the standpoint of the broad public interest for the Food and Drug Administration to undertake the added burden of establishing and maintaining a service of this kind at a time when it is tremendously concerned with the expansion of its staff and facilities for general coverage and adequate enforcement of the Food, Drug, and Cosmetic Act as a whole. Such a program of making adequate enforcement of our food and drug laws is underway in the Food and Drug Administration consistent with the recommendations of a citizens advisory committee. The recommended program contemplates expansion of the Food and Drug Administration threefold or fourfold in a period of 5 to 10 years. A new poultry inspection service as contemplated in this bill would in our judgment seriously interfere with and overtax the expansion of facilities of the Food and Drug Administration to the detriment of the public generally which is entitled to adequate coverage from a regulatory standpoint on all food, drug, and cosmetic products, as well as in poultry. Some technical revision or amendments appear necessary to bring the legislation more in line with the provisions of the meat inspection program. It appears that the proposed effective date is unrealistic since a considerable period of time would be needed for both industry and Government to prepare for such a service. We therefore recommend that the legislation be enacted after revision consistent with the suggestions above. The Bureau of the Budget advises that it perceives no objection to the submission of this report to your committee. Sincerely yours, M. B. FOLSOM, Secretary. Hon. LISTER HILL, UNITED STATES DEPARTMENT OF LABOR, Chairman, Committee on Labor and Public Welfare, United States Senate, Washington, D. C. DEAR SENATOR HILL: This is in further response to your request for my comments on S. 3176, 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. The bill would provide for inspection and stamping of poultry and poultry products in much the same manner as is now required for other types of meat products. The objectives of this bill seem to be most desirable. Aside from general benefits to the health of the Nation, the measure would afford greater protection for workers who, in the course of handling and processing poultry or poultry products, may be exposed to dangerous diseases. It is appropriate that these workers, and the consuming public, should have the same Federal protection with regard to poultry products as with other types of meat. I note that a bill designed to accomplish the same purposes (S. 3588) has recently been introduced and referred to the Committee on Agriculture and Forestry. I would, however, prefer to leave specific comment on S. 3176 and other similar bills to those agencies more directly concerned with their administration and enforcement. The Bureau of the Budget advises that it has no objection to the submission of this report. Sincerely yours, JAMES P. MITCHELL, Hon. LISTER HILL, EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D. C., May 9, 1956. Chairman, Committee on Labor and Public Welfare, United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your letter of February 13. 1956, requesting the views of the Bureau of the Budget on S. 3176, 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. This bill would amend the Federal Food, Drug, and Cosmetic Act to provide for the establishment in the Department of Health, Education, and Welfare of a Poultry Inspection Service. The Service would provide a mandatory inspection of poultry and poultry products which are distributed in interstate commerce, including adequate ante mortem and post mortem examination and inspection. The legislation is designed to protect the public against diseased, spoiled, or otherwise unwholesome poultry products by authorizing complete inspection at the point of slaughtering and dressing. Appropriate provisions for inspection and penalties and the use of official inspection marks to identify inspected poultry are provided. The Bureau of the Budget is in general agreement with the objectives of this bill. However, there are two aspects of the legislation which we believe merit further consideration. First, the bill would place the responsibility for this program with the Secretary of Health, Education, and Welfare. We believe that a poultry inspection program should be assigned to the Secretary of Agriculture. The Secretary of Health, Education, and Welfare and the Department of Agriculture, in reports to your committee, concur in this point of view. Secondly, the legislation as written is silent on the question of the collection of fees from processors and slaughterers for the inspection service. This is a question which the Bureau of the Budget believes the Congress will wish to consider. In this connection it should be noted that the Department of Agriculture now carries on, as a marketing service available on a voluntary basis to poultry slaughterers and processors, a grading and inspection service for poultry and poultry products. This activity is financed largely by fees collected from |