CONTENTS Hearing "Oleomargarine Identification in Public Eating Places," on H.R. 12061 and H.R. 15819, before the Subcommittee on Public Health and Welfare of the Committee on Interstate and Foreign Commerce, House of Representatives, August 10, 1970 (91st CHRONOLOGICAL LIST OF WITNESSES Hollings, Hon. Ernest F., a U.S. Senator from the State of South Carolina.... Kluczynski, Hon. John C., a Representative in Congress from the State Fine, Sam D., Associate Commissioner for Compliance, Food and Drug Nunn, Rear Adm. Ira H., U.S.N. (retired), Washington counsel, National Garstang, M. R., general counsel, National Milk Producers Federation... Fine, Sam D., Associate Commissioner for Compliance, Food and Drug Garstang, M. R., general counsel, National Milk Producers Federation... Hollings, Hon. Ernest F., a U.S. Senator from the State of South Carolina__ Kluczynski, Hon. John C., a Representative in Congress from the State Michel, Hon. Robert H., a Representative in Congress from the State of Kennedy, Hon. Edward M., a U.S. Senator from the State of Massa- chusetts, chairman, Subcommittee on Health, of the Committee on Labor and Public Welfare, from: Fine, Sam D., Associate Commissioner for Compliance, Food and Drug Administration, Department of Health, Education, and Garstang, M.R., general counsel, National Milk Producers Fed- eration, Washington, D.C., November 15, 1971... Hauck, Sheldon J., executive director, National Soybean Proces- Husbands, Fred H., executive vice president, National Cottonseed Products Association, Inc., Memphis, Tenn., October 29, 1971-. Communications to-Continued Kennedy, Hon. Edward M.-Continued Jackson, Ralph T., executive vice president, American Soybean McDermott, Albert L., Washington representative, American 1971... Moses, Campbell, M.D., medical director, American Heart Asso- Selected tables: Oleomargarine service enforcement by FDA from 1951-1966- - - FOOD, DRUG, AND COSMETIC ACT AMENDMENT REGARDING OLEOMARGARINE LABELING MONDAY, NOVEMBER 1, 1971 U.S. SENATE, SUBCOMMITTEE ON HEALTH OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE, Washington, D.C. The subcommittee met at 10:30 a.m., pursuant to notice, in room 4232, New Senate Office Building, Senator Edward M. Kennedy (chairman) presiding. Present: Senator Kennedy. Subcommittee staff members present: LeRoy G. Goldman, professional staff member; and Jay B. Cutler, minority counsel. Senator KENNEDY. The subcommittee will come to order. Today the subcommittee will consider S. 438, and related bills which would amend the requirements of the Federal Food, Drug, and Cosmetic Act, imposed on public eating places serving colored oleomargarine or margarine. Section 407(c) of the present act requires that when colored oleomargarine or margarine is served in public eating places, there must be dual notices: (1) by a prominently displayed notice or by statement on the menu, and (2) by labeling each individual serving or by triangular shape of each individual serving. S. 438 would eliminate the triangular shape as a form of identification and would permit eating establishments to choose any one of the other three forms of notice. Hearings on similar legislation were held before the House Interstate and Foreign Commerce Subcommittee on Public Health and Welfare on August 10, 1970. All reports to the subcommittee from the executive agencies were favorable to the legislation. The House exacted a proposal similar to S. 438 during the 91st Congress and re-enacted it as H.R. 2166 this year. In addition, Mr. Elliot Richardson, Secretary of the Department of Health, Education, and Welfare, has submitted a report to the Chairman of the full committee, Senator Williams, in which he comments favorably upon S. 438. At this point in the record, I will include the text of S. 438 and H.R. 2166, the bill which passed the House this year, the 1970 hearings before the House Commerce subcommittee on related bills, a copy of the August 2 report from Secretary Richardson, and a statement submitted by Congressman Poage. (The information referred to follows:) 92D CONGRESS 1ST SESSION S. 438 IN THE SENATE OF THE UNITED STATES JANUARY 29 (legislative day, January 26), 1971 Mr. HOLLINGS introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare A BILL To amend the Federal Food, Drug, and Cosmetic Act, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 407 (c) of the Federal Food, Drug, and Cos4 metic Act, as amended (21 U.S.C. 347 (c)), is amended 5 by deleting the language thereof and substituting the 6 following: 7 "(c) No person shall serve colored oleomargarine or 8 colored margarine at a public eating place, whether or not 9 any charge is made therefor, unless (1) a notice that oleo10 margarine or margarine is served is displayed prominently 11 and conspicuously in such place and in such manner as to 2 1 render it likely to be read and understood by the ordinary 2 individual being served in such eating place, or (2) a notice 3 that oleomargarine or margarine is served is printed or is 4 otherwise set forth on the menu in type or lettering not 5 smaller than that normally used to designate the serving of 6 other food items, or (3) each separate serving bears or is 7 accompanied by labeling identifying it as oleomargarine or 8 margarine." |