NONFAT DRY MILK HEARING BEFORE THE SUBCOMMITTEE ON LEGISLATION AFFECTING OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE EIGHTY-FOURTH CONGRESS SECOND SESSION ON S. 1614 A BILL TO AMEND THE ACT ENTITLED “AN ACT TO FIX 78003 MAY 22, 1956 Printed for the use of the Committee on Labor and Public Welfare UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1956 CONTENTS Castle, Benjamin F., executive vice president, Milk Industry Founda- Hadrath, R. M., chairman of the board, American Dry Milk Institute. Larrick, George P., commissioner, Food and Drug Administration, Remalay, Robert J., director of research, American Dry Milk Institute. Additional information: 11 14 Four-year comparison of the domestic sales of NDMS by end of use. Baldwin, I. Bruce, Jr., Abbotts Dairies, Philadelphia, Pa., to chair- 17 Carlson, C. M., manager, Dairymen's Cooperative Creamery of Hadrath, R. M., chairman, board of directors, American Dry Milk Institute, to B. F. Castle, executive vice president, Milk Indus- Turnbow, Grover D., president, Foremost Dairies, Inc., San Francisco, Calif., to Hon. Lister Hill, May 23, 1956. Werner, Richard J., executive director, Milk Industry Foundation, 11, NONFAT DRY MILK TUESDAY, MAY 22, 1956 UNITED STATES SENATE, SUBCOMMITTEE ON LEGISLATION AFFECTING THE FOOD AND DRUG ADMINISTRATION OF THE The subcommittee met, pursuant to notice, at 10:30 a. m. in the old Supreme Court chamber, United States Capitol, Senator James E. Murray (chairman) presiding. Present: Senator Murray (chairman). Also present: Stewart E. McClure, Michael Bernstein, William G. Reidy and Mary DiDio of the committee staff. Senator MURRAY. Gentlemen, the hearing will come to order. In 1944 the Congress amended the Pure Food and Drug Act to establish a definition and standard of identity for "nonfat dry milk solids or defatted milk solids," then a comparatively new product. Sales of dry milk have increased greatly and the industry now desires to have the two legal definitions, "nonfat dry milk solids or defatted milk solids," modified as proposed by Senator Humphrey in Senate bill 1614. Today's hearings are on Senator Humphrey's bill. We have notified the Department of Agriculture of these hearings and they have advised us that they do not oppose the bill and, consequently, will not send a witness. Senator Humphrey has sent a brief statement in support of the bill which will be included in the record. A conflict in committee meetings makes it impossible for Senator Humphrey to be here. (The Statement of Hon. Hubert H. Humphrey, United States Senator from the State of Minnesota is as follows:) TESTIMONY OF SENATOR HUBERT H. HUMPHREY, OF MINNESOTA At the outset I wish to express my appreciation to the chairman and his distinguished_colleagues on the subcommittee, for calling this hearing on my bill S. 1614. I realize that the legislation pending before this important committee is both voluminous and far reaching in its effect upon the Nation's economy. At the same time it is a mark of statesmanship to recognize the importance of giving consideration to legislation such as S. 1614 which, while only affecting a particular segment of our economy, docs so to an important degree. It is a matter of pride which I share with the dairy industry that through dint of intensive nutrition education and promotion, the value of nonfat dry milk to the welfare of our people has become so widely recognized. The spokesman for the American Dry Milk Institute who will appear before your committee will review for you the dramatic growth of the dry milk industry in the past 25 years. Nonfat dry milk is an important dairy product to Minnesota dairymen. My State, together with our sister State Wisconsin produces about 50 percent of the nonfat dry milk which is produced annually in the United States. 8. 1614 is 1 simple bill but important to the industry and the users of the product. The bill would modify the name of the product by deleting the word "solids" from the present designation-thus making the official name "nonfat dry milk." This designation, which the bill would confer, is the most accurate and descriptive for the product. The word "solids" is redundant, cumbersome, and little understood by consumers. The dry milk industry deserves great credit for the steadily increasing commercial utilization of this product. While such a statement may sound strange. I make it because production of nonfat dry milk must keep pace with milk production. It cannot be turned on and off with a spigot. It behooves the industry to move all it can into commercial use thereby minimizing to the greatest extent possible, the amount of product which the Government is committed to purchase under the support program. The pending bill will recognize officially the name "nonfat dry milk" which has come into wide use and is favored by the industry which produces the product and by the users of the product. I sincerely hope your distinguished committee will give early consideration to reporting S. 1614 favorably. Senator MURRAY. At this point, we will insert the bill, Senate bill 1614 and the reports from the agencies on the bill. (S. 1614 and reports from the agencies on it are as follows:) 18. 1614, 84th Cong., 1st sess.) A BILL To amend the Act entitled “An Act to fix a reasonable definition and standard of identity of certain dry milk solids", title 21, United States Code, section 821c Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Law Numbered 244, Seventy-eighth Congress second session, approved March 2, 1954, title 21, United States Code. section 321c, entitled "An Act to fix a reasonable definition and standard of identity of certain dry milk solids" is amended to read as follows: "For the purposes of the rederal Food, Drug and Cosmetic Act of June 26, 1938 (ch. 675, sec. 1, 52 Stat. 1040), nonfat dry milk is the product resulting from the removal of fat and water from milk, and contains the lactose, milk proteins, and milk minerals in the same relative proportions as in the fresh milk from which made. It contains not over 5 per centum by weight of moisture. The fat content is not over 11⁄2 per centum by weight unless otherwise indicated. The term "milk", when used herein, means "sweet milk of cows". EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D. C., May 13, 1955. Hon. LISTER HILL, 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 April 2, 1955, requesting the views of the Bureau of the Budget on S. 1614, a bill to amend the act entitled "An act to fix a reasonable definition and standard of identity of certain dry milk solids," title 21, United States Code, section 321c. This bill would substitute the term "noufat dry milk" for the two terms, "nonfat dry milk solids" and "defatted milk solids" contained in the present law establishing a standard of idenity for this good product. Since the proposed new name is descriptive and the changes would not appear to adversely affect the interests of consumers or manufacturers, the Bureau of the Budget would have no objection to enactment of the proposal. Sincerely yours, DONALD R. BELCHER, Assistant Director. DEPARTMENT OF HEALTH, Education, and Welfare. DEAR MR. CHAIRMAN: This letter is in response to your request of April 2, 1955, for a report on S. 1614, a bill to amend the act entitled "An act to fix a reasonable definition and standard of identity of certain dry milk solids," title 21. United States Code, section 321c. |