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 Resolved, That the secretary be instructed to forward a copy of this resolution by this association's accredited delegate for presentation to the Association of Food and Drug Officials of the United States at its annual conference to be held in New York City, May 6-11, 1956. FRANK E. FISHER, President. RUSSELL C. WHITE, Secretary-Treasurer. Hon. JAMES E. MURRAY, AMERICAN FEDERATION OF LABOR AND Senate Office Building, Washington, D. C.: DEAR SENATOR: The American Federation of Labor and Congress of Industrial Organizations is deeply concerned over legislation for mandatory poultry inspection. Both because we are consumers our members and their families— and have in our ranks poultry workers, we want to see an effective poultry inspection law enacted by this Congress. S. 3176, the Murray bill, would truly provide consumer protection. It has the support of top health organizations, including the State and Territorial Health Officers Association and the Association of Food and Drug Officials of the United States, as well as women's groups, professional organizations, and some farm organizations. Another bill, S. 3588, before the Agriculture Committee, does nothing to protect the consumer or poultry worker against the dangers of filthy or diseased poultry. The AFL-CIO believes enactment of meaningful legislation is necessary to stop illness and death among consumers and poultry workers. Sincerely, Hon. JAMES E. MURRAY, GEORGE MEANY, THE NATIONAL GRANGE, Washington, D. C., May 11, 1956. Subcommittee Chairman, Senate Committee on Labor and Public Welfare, Washington, D. C. DEAR SENATOR MURRAY: The production and marketing of wholesome foods of high quality for the consumers of the country are matters of basic interest and concern to the National Grange today as they have been for many years past. Accordingly, we appreciate the opportunity of submitting our views on the proposed legislation, S. 3176, to provide for compulsory Federal inspection of poultry and poultry products, which is now being considered by the Committee on Labor and Public Welfare. At the 89th annual session of the National Grange last November, the delegates adopted the following statement: "Production of poultry has increased substantially over recent years-domestic consumption of poultry has more than doubled since 1935-39. There is at present no Federal compulsory inspection of poultry, and slaughter plants in many States are not required by State code to meet minimum sanitary standards. The National Grange, therefore, recommends that a Federal poultry-inspection system comparable to Federal red-meat inspection should be established; and that the Public Health Service Work out minimum health and sanitation standards for poultry-slaughtering plants for adoption by States." It is our position, therefore, that there should be a compulsory Federal inspection program designed to prohibit the movement in interest or foreign commerce, and in designated cities and areas within States, of poultry and poultry products which are unwholesome or otherwise unfit for human food; and also that States should be provided with such technical recommendations or guides as may be practical and desirable in the furtherance of improved State sanitation standards for poultry-slaughtering plants. We disagree with the proposal in S. 3176 that a poultry-inspection service be established in the Food and Drug Administration of the Department of Health, Education, and Welfare for the purpose of carrying out the provisions included in the bill. We recommend, instead, that the several functions and responsibilities contained in the bill be assigned to the Department of Agriculture, and more particularly to an augmented Poultry Inspection Division in the Agricultural Marketing Service of the Department of Agriculture. For more than a quarter of a century this division has carried on inspection work of acknowledged high quality in connection with the program of voluntary poultry inspection. This record of poultry experience, unmatched anywhere else in Government, makes it the logical agency to receive the assignment for carrying on any widened regulatory and compulsory inspection functions in the field of poultry and poultry products. We believe it is also pertinent to note that it is the Department of Agriculture which now conducts the inspection and regulatory work in connection with the meat of cattle, sheep, swine, and goats, as well as the meat byproducts and food products derived from these animals. In its combined work of red-meat and poultry inspection, the Department of Agriculture has established a praiseworthy record for ability and integrity. On the basis of its performance, it has earned the confidence of the consumers of the country. At the same time, it has demonstrated a proper understanding of the problems of the producers of these commodities. We note that in another bill on this subject, S. 3588, the inspection functions would be assigned to the Department of Agriculture. As a practical matter, we believe the proposed legislation should provide specific exemption, with appropriate safeguards for the public, for farmers who slaughter their own farm-grown poultry from time to time and sell directly to the ultimate consumers. In our opinion, the public interest would also be more thoroughly protected by adding to the bill a provision for the examination or inspection of poultry and poultry products offered for importation into this country. A practical procedure, could be arranged between the Agriculture and Treasury Departments, we believe, whereby the purposes of the bill could be fulfilled in a practical, orderly way with respect to such proposed importations. Because poultry inspection is designed to serve a broad public interest, and because there is sound precedent in the financing of red-meat inspection, we recommend the addition of a suitable section to the bill that would authorize the appropriation of such sums as would be necessary to carry out the provisions of the proposed legislation. To avoid the imposition of undue hardship on persons or firms coming under the meaning of this proposed legislation, and also to provide the Department of Agriculture with sufficient time to assemble the necessary personnel and make such other arrangements as may be required to place the contemplated poultryinspection program into operation, we recommend that the dates indicated in sections 1002, 1005, 1006, 1007, 1008, 1011, 1012, and 1013 be changed to January 1, 1958, instead of January 1, 1957. In section 1018, correspondingly, we recommend that the July 1, 1956, date be changed to July 1, 1957; and that the subsequent date shown in the section be changed to January 1, 1958. Again we wish to express our appreciation for the opportunity of presenting our views on S. 3176 for the consideration of the committee. Respectfully submitted. HERSCHEL D. NEWSOM, Master. AMERICAN NURSES' ASSOCIATION, INC., Hon. JAMES E. MURRAY, United States Senate, Washington, D. C. DEAR SENATOR MURRAY: As president of the American Nurses' Association on behalf of its membership, I would like to record support for your bill, 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 legislation is long overdue and should be considered favorably without delay. Not only do the uninspected poultry or poultry products present a health hazard for the consumer, but the diseased carcass can be the causative agent of disease in the handler. Poultry presents a twofold danger to the consumer, for the carcass can be the carrier of disease organisms to the consumer from outside contamination or a diseased condition may be present in the carcass which can be transmitted to humans. In addition, poultry disintegrates rapidly if not cared for properly after slaughter and offers a very satisfactory medium for the growth of pathogenic organisms. It is especially important to insure inspection both before and after the bird is killed to detect any conditions which might indicate the presence of any unwholesome or diseased condition. Sanitary conditions of the processing plant are imperative if wholesome products are to be made available to the consumer. Since the Federal Food and Drug Administration has the necessary administrative organization to assume this responsibility, provided that sufficient funds are appropriated to carry out the purposes of the legislation, it would seem logical to place the inspection service under its administration. Because of our interest in the health of the public and responsibility to see that all measures to protect the lives of human beings are taken, we urge that your committee give favorable consideration to S. 3176. Respectfully yours, AGNES E. OHLSON, R. N., President. MINNESOTA STATE MEDICAL ASSOCIATION, Hon. JAMES E. MURRAY, United States Senator, Chairman, Senate Labor and Public Welfare Senate Office Building, Washington, D. C. DEAR SENATOR MURRAY: I wish to congratulate you on behalf of the Minnesota State Medical Association for your public-spirited introduction into the Congress of Senate bill 3176 calling for compulsory poultry inspection. The association heartily supports this bill and extends to you its thanks and appreciation for your interest in elimination of a serious hazard to the public health. Sincerely yours, R. R. ROSELL. STATEMENT OF W. L. BENDIX, D. V. M., CHAIRMAN, COMMITTEE ON LEGISLATION, UNITED STATES LIVESTOCK SANITARY ASSOCIATION To the Senate Subcommittee on Legislation Affecting the Food and Drug Administration, the Honorable James E. Murray, Chairman: The United States Livestock Sanitary Association has for many years been interested in the subject of the inspection of poultry and poultry products for wholesomeness. The association has been on record since 1935 as favoring mandatory inspection of such products offered for interstate and foreign commerce. The production and processing of poultry in the United States is a tremendous business and a vital factor in our agricultural economy. The enormous growth of this industry since the close of World War II has created situations and conditions that require the mandatory inspection of these products in the interest of public health. The protection of the public health is, of course, of primary importance to all of us, but we are also sure that the Congress is deeply interested in the great stability and continued prosperity that mandatory inspection would produce in the industry. It is for these two reasons that the United States Livestock Sanitary Association is now, and has long been, urging this type of national legislation. The United States Livestock Sanitary Association wishes to oppose with equal force the establishment of the proposed poultry inspection service in the Food and Drug Administration. We have many reasons for this objection, all of which we feel are valid. I do not wish to unnecessarily trespass upon the time of your committee, so for the sake of brevity I wish to list for your serious consideration just a very few of these reasons. They are as follows: 1. The Food and Drug Administration is historically a policing agency. It is a good one, and has the full confidence of all who are familiar with its operations. The Food and Drug Administration is not a service agency, such as the adoption of S. 3176 if passed would make it. We think that the very fact that it is solely a policing agency increases its value to the Nation and to the public health. We do not feel that it is sound in this particular instance that the |