MANDATORY POULTRY INSPECTION

WEDNESDAY, MAY 9, 1956

UNITED STATES SENATE,

SUBCOMMITTEE ON LEGISLATION AFFECTING THE

FOOD AND DRUG ADMINISTRATION,

OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D. C.

The subcommittee met at 10 a. m., pursuant to notice, in room 224 of the Senate Office Building, Senator James E. Murray (chairman of the subcommittee) presiding.

Present: Senators Murray, McNamara, and Bender.

Present also: William G. Reidy and Mary DiDio of the committee's professional staff.

Senator MURRAY. The hearing will come to order, please.

The hearings which we are opening today on compulsory inspection of poultry to protect consumers are several decades late in getting started.

Congress enacted the Meat Inspection Act 50 years ago, in 1906, to give consumers protection from unsanitary and unwholesome red meats. In 1950 we amended that act to provide for compulsory inspection of horsemeat intended for human consumption. We have for decades had pure food and drug laws which protected consumers against other unwholesome or mislabeled foods and drugs.

But we have not to this time provided for compulsory inspection of poultry products. This is in spite of the fact that the public health service reports that an average of one-third of reported cases of food poisoning are traced each year to poultry or poultry diseases. Additionally, we have periodic outbreaks of virus diseases, particularly among poultry-plant workers, causing extensive illnesses and even deaths.

I do not anticipate any great disagreement with the overall objective of this measure-compulsory inspection. Everyone with whom I have talked in the departments of the Government and in the poultry industry agree that it is needed.

The responsible members of the industry are all for it. They are aided, as well as consumers, by the imposition of inspection on the minority of chiselers who compete unfairly even at the risk of human health and human life.

There appears to be some disagreement about where the poultry inspection work should be done. It is my own very strong belief that since protection of consumers is the fundamental objective of inspection, that the work should go to the Food and Drug Administration in the Department of Health, Education, and Welfare.

However, because red meat inspection is in the Bureau of Animal Industry, and it has established a splendid record of protecting the

1

consumers, it is argued by others with some force that the inspection work should be done by that experienced agency. It is argued by still others, with considerably less force, that the poultry inspection work should continue in an agency of the Department of Agriculture which is primarily concerned with farmers' marketing problems.

It is my hope that these hearings will fully explore the consumer interest and requirements needed to assure adequate consumer protection, which is the special interest of this committee.

I have been convinced that S. 3176 should be amended to exempt from inspection poultry slaughtered, dressed, and sold to the ultimate consumer by farmers themselves, such as Maryland or Virginia farmers who bring some of their own dressed poultry here to the District of Columbia markets for direct sale, or deliver them direct to the homes of their customers. I shall offer such an amendment to S. 3176.

I think that is a very appropriate thing to do. I remember I used to buy chickens from the milkman who brought me milk and, of course, they were dressed and fresh and we never had any trouble about it.

This measure does not attempt to establish compulsory inspection of poultry in intrastate commerce. The States can provide such inspection and there is a constitutional question involved in imposing such Federal inspection. If there are compelling reasons why Federal inspections are necessary in this field, we would be glad to hear them, although it is my own feeling at this point that it is best to omit such a provision.

Our subcommittee has invited representatives of Government agencies, farm organizations, State health officials, veterinary medical groups, labor, consumers and other groups to appear at these hearings and the requests for time indicate a very widespread interest.

I have a large number of letters, telegrams, and statements in regard to this bill. These reflect unanimous agreement, at least so far as I have been able to keep up with them, on the desirability of compulsory inspection.

There is some disagreement on where the inspection work should be located. These messages will be included in the record.

(The bill, S. 3176, and reports thereon are as follows:)

[S. 3176, 84th Cong., 2d sess.]

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Food, Drug, and Cosmetic Act is hereby amended by adding at the end thereof the following new chapter:

CHAPTER X-POULTRY INSPECTION

"DEFINITIONS

"SEC. 1001. For the purposes of this chapter"(a) The term 'commerce' means commerce within the District of Columbia, or any Territory or possession of the United States; all commerce between any point in a State, Territory, possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.

"(b) The term 'poultry and poultry products' means any slaughtered, domesticated bird or commercially produced game bird, or part thereof, intended for human consumption.

"(c) The term 'adulterated' shall apply to poultry and poultry products under one or more of the following circumstances:

"(1) If they bear or contain any poisonous or deleterious substance which may render them injurious to health; but, in case the substance is not an added substance, such poultry and poultry products shall not be considered adulterated under this clause if the quantity of such substance in such poultry and poultry products does not ordinarily render them injurious to health.

"(2) If they bear or contain any added poisonous or added deleterious substance, unless such substance is permitted in their production or unavoidable under good manufacturing practices as may be determined by rules and regulations hereunder prescribed by the Secretary or other provisions of Federal law limiting or tolerating the quantity of such added substance on or in such poultry and poultry products: Provided, That any quantity of such added substance exceeding the limits so fixed shall also be deemed to constitute adulteration. "(3) If they consist in whole or in part of any filthy, putrid, or decomposed substance, or if they are otherwise unfit for food.

"(4) If they have been processed, prepared, packed, or held under unsanitary conditions, whereby they may have become contaminated with filth, or whereby they may have been rendered injurious to health.

"(5) If they are, in whole or in part, the product of diseased poultry or of poultry which has died otherwise than by slaughter.

“(6) If their container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. “(7) If any substance has been substituted, wholly or in part, therefor. "(8) If damage or inferiority has been concealed in any manner.

"(d) The term 'official inspection mark' means the official device or insignia of the Poultry Inspection Service, formulated pursuant to rules and regulations prescribed by the Secretary, certifying poultry or poultry products as to fitness for use as human food, which is applied to poultry or poultry products, or upon or within the containers thereof.

"(e) The term 'carcass' means any poultry carcass.

"(f) The term 'denatured' means subjected to the application of crude oil, kerosene, or other material or procedure, so as to preclude use for human consumption.

"(g) The term 'poultry-processing establishment' means any establishment in which any processing operation as defined in this section is conducted.

"(h) The term 'processing' means any operation or combination of operations whereby poultry which is intended for sale for human consumption is killed, dressed, eviscerated, cut up, heat treated, canned, packed, repacked, reprocessed, or changed in size, shape, or form for marketing for human consumption and includes the combining of poultry and poultry products with other edible ingredients for marketing for human consumption.

"(i) The term 'processing for commerce' means any processing of poultry and poultry products for movement in commerce at any time prior to its intended consumption as human food, or any processing thereof for sale in the District of Columbia or any Territory or possession of the United States.

"(j) The term 'Poultry Inspection Service' means the official Government service established pursuant to this chapter in the Department as a part of the Food and Drug Administration for the inspection for wholesomeness of poultry and poultry products, and the performance of other official duties relating to the carrying out of the provisions of this chapter.

"(k) The term 'inspector' means an employee of the Poultry Inspection Service who is duly authorized to inspect live poultry or poultry products and perform other official duties relating to the carrying out of the provisions of this chapter.

"(1) The term 'container' includes any box, can, pot, tin, cloth, plastic, jar, or other receptacle or covering.

"PROHIBITED ACTS

"SEC. 1002. On and after January 1, 1957, the following acts and the causing thereof are hereby prohibited:

"(1) Delivering or receiving for transportation or transporting in commerce any poultry or poultry products which have not been inspected, examined, and marked with an official inspection mark.

"(2) Forging, counterfeiting, or simulating, or without proper authority using, defacing, destroying, detaching, or altering any official inspection mark

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