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AMEND THE FILLED MILK AOT

APRIL 26, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. Polk, from the Committee on Agriculture, submitted the

following

REPORT

[To accompany H. R. 6361]

The Committee on Agriculture, to whom was referred the bill (H. R. 6361) to amend the Filled Milk Act, having considered the same, report thereon with a recommendation that it do pass.

STATEMENT

When the filled milk bill was enacted, no provision was made for the administration of the act by any of the executive departments, and it was suggested in a letter from the Attorney General in 1930 that the Department of Agriculture be charged with the administration of the act. Bills were introduced and reported favorably to the House in both the Seventy-first and Seventy-second Congresses, but were not reached for action in the House.

It will be noted from attached letters from the present Attorney General and Acting Secretary of Agriculture that they also approve the measure. The letters are as follows:

DEPARTMENT OF JUSTION,

Washington, D. C., January 84, 1986. Hon. MARVIN JONDS, Chairman Committee on Agriculture, House of Representatives,

Washington, D. C. MY DEAR MR. CHAIRMAN: I have considered your letter of January 19, enclosing a copy of a proposed bill to amend the Filled Milk Act and advise that I have no objection to its enactment.

When the Filled Milk Act was enacted no provision was made for the administration of the act by any agency of the Government. In view of this fact, tho duty of enforcing the provisions of the statute has devolved upon the Department of Justice under its general function as the agency of the Government charged with the enforcement of all penal statutes, the enforcement of which is not otherwise provided for.

Amendment numbered 11: That the House recede from its disagreement to the amendment of the Senate numbered 11, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $471,910; and the Senate agree to the same.

Amendment numbered 12:

That the House recede from its disagreement to the amendment of the Senate numbered 12, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $144,200; and the Senate agree to the same.

Amendment numbered 42:

That the House recede from its disagreement to the amendment of the Senate numbered 42, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $70,000; and the Senate agree to the same.

Amendment numbered 44:

That the House recede from its disagreement to the amendment of the Senate numbered 44, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $650,000; and the Senate agree to the same.

Amendment numbered 45:

That the House recede from its disagreement to the amendment of the Senate numbered 45, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $458,000; and the Senate agree to the same.

Amendment numbered 47:

That the House recede from its disagreement to the enactment of the Senate numbered 47, and agree to the same with an amendment, as follows:

In lieu of the sum proposed insert $2,285,560; and the Senate agree to the same.

Amendment numbered 49:

That the House recede from its disagreement to the amendment of the Senate numbered 49, and agree to the same with an amendment as follows:

In lieu of the sum proposed insert $632,000; and the Senate agree to the same.

Amendment numbered 50:

That the House recede from its disagreement to the amendment of the Senate numbered 50, and agree to the same with an amendment as follows:

In lieu of the sum proposed insert $185,400; and the Senate agree to the same.

vidual cans containing not more than sixteen and one-half ounces and bearing a label in bold type that the content is to be used only for said purpose; (3) is shipped in interstate or foreign commerce exclusively to physicians, wholesale and retail druggists, orphan asylums, child-welfare associations, hospitals, and similar institutions and generally disposed of by them.

Sec. 2. It is hereby declared that filled milk, as herein defined, is an adulterated article of food, injurious to the public health, and its sale constitutes & fraud upon the public. It shall be unlawful for any person to manufacture within any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk.

SEC. 3. Any person violating any provision of this act shall upon conviction thereof be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both; except that no penalty shall be enforced for any such violation occurring within thirty days after this act becomes law. When construing and enforcing the provisions of this act, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure, of such individual, partnership, corporation, or association, as well as of such person.

Sec. 4. The Secretary of Agriculture is hereby authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purposes of this act, and there is authorized to be appropriated the sum of $10,000 annually for the purpose of carrying out the provisions of this act.

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STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 6223) making appropriations for the Department of the Interior for the fiscal year ending June 30, 1936, and for other purposes, submit the following statement in explanation of the effect of the action agreed upon and recommended in the accompanying conference as to each of such amendments, namely:

OFFICE OF THE SECRETARY

Amendments nos. 2 and 4: Provides for a First Assistant Secretary and an Assistant Secretary, as proposed by the Senate, instead of two Assistant Secretaries, as proposed by the House.

Amendments nos. 6 and 7, relating to printing and binding: Appropriates $50,000 for the National Park Service, as proposed by the Senate, instead of $35,000, as proposed by the House, and appropriates $65,000, for the Bureau of Mines, instead of $45,000, as proposed by the House, and $85,000, as proposed by the Senate.

Amendment no. 8: Makes immediately available, $20,000 of the appropriation for the Mount Rushmore National Memorial Commission, as proposed by the Senate.

GENERAL LAND OFFICE

Amendment no. 9: Appropriates $700,000 for surveying public lands, as proposed by the Senate, instead of $470,000, as proposed by the House.

Amendment no. 10: Appropriates $80,000 for salaries and commissions of registers of land offices, as proposed by the Senate, instead of $73,000, as proposed by the House.

BUREAU OF INDIAN AFFAIRS

Amendment no. 11: Appropriates $471,910 for salaries in the office of the Commissioner of Indian Affairs, instead of $474,790, as proposed by the Senate, and $470,290, as proposed by the House, the increase over the House figure being for one additional stenographer at $1,620.

Amendment no. 12: Appropriates $144,200 for agency buildings, instead of $140,400, as proposed by the House, and $145,000, as proposed by the Senate, in providing a new position of mechanical engineer at $3,800.

Amendment no. 13: Appropriates $150,000, as proposed by the Senate, instead of $100,000, as proposed by the House, for the expenses of organizing Indian chartered corporations.

Amendments nos. 14 and 15: Authorizes the expenditure of $290,000 of applicable appropriations, as proposed by the Senate, instead of $275,000, as proposed by the House, for the maintenance and operation of motor and horse-drawn vehicles; and authorizes the expenditure of $160,000 of applicable appropriations, as proposed by the Senate, instead of $150,000, as proposed by the House, for the purchase of motor-propelled passenger-carrying vehicles.

Amendment no. 16: Provides, as proposed by the Senate, that the unexpended balances of tribal funds being continued available for various purposes for the Tesuque Pueblo, shall be available also for the purchase of equipment.

Amendments nos. 17, 18, and 19, relating to the purchase of land for Indians under the Wheeler-Howard Act: Appropriates $1,000,000, as proposed by the Senate, instead of $500,000, as proposed by the House; makes $15,000 of this sum available for personal services in the District of Columbia, as proposed by the House, in lieu of $22,500, as proposed by the Senate; and prohibits the expenditure of any part of the appropriation for the acquisition of lands outside the boundaries of existing Indian reservations in the States of Arizona and Wyoming, as proposed by the Senate.

Amendment no. 20: Appropriates from tribal funds, $9,153.20, for payment to the Sac and Fox Tribe of Indians of Missouri, as proposed by the Senate.

Amendments nos. 21 and 22: Appropriates $170,000, as proposed by the Senate, instead of $150,000, as proposed by the House, for expenses incidental to the sale of timber, and makes $20,000 available for such purpose during the fiscal year 1935, as proposed by the Senate.

Amendment no. 23: Appropriates $15,000, as proposed by the House, in lieu of $20,000, as proposed by the Senate, for the suppression or emergency prevention of forest fires.

Amendment no. 24: Appropriates $116,000 from the funds of several tribes of Indians, as proposed by the Senate, for the construction of homes, purchase of seed, etc., for such Indians.

Amendment no. 25: Appropriates $311,452, as proposed by the Senate, for final payment of the Indians' share of the cost of the Middle Rio Grande Conservancy District's irrigation, drainage, and flood-control project.

Amendments nos. 26 and 27: Appropriates $24,000, as proposed by the Senate, for enlarging the hospital (including the purchase of equipment) at the Sequoyah Orphan Training School near Tahlequah, Okla.

Amendment no. 28, relating to the Chemawa School, Salem, Oreg.: Consolidates the item for general repairs and improvements into one sum ($60,000) and makes such sum available for improvements to the heating system and shop facilities, as proposed by the Senate, instead of requiring that $40,000 of such sum be available only for improvements to the heating system, as proposed by the House.

Amendment no. 29: Corrects a total. Amendments nos. 30, 31, and 32, relating to appropriations from tribal funds for the support of Indians in the State of Arizona: Appropriates $50,000, as proposed by the Senate, instead of $24,000, as proposed by the House, for the Fort Apache Indians; appropriates $55,800 for the San Carlos Indians, as proposed by the Senate, in lieu of $65,800, as proposed by the House; and corrects the total of the sum which is appropriated for such Indians.

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