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AMEND THE FILLED MILK ACT

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:

Hon. MARVIN JONES,

DEPARTMENT OF JUSTICE, Washington, D. C., January 24, 1935.

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, the 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.

Under the provisions of the proposed bill as transmitted by you, the administration of the act is placed in the Department of Agriculture where, I believe, it properly belongs.

Sincerely yours,

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Hon. MARVIN JONES,

Chairman Committee on Agriculture,

DEPARTMENT OF AGRICULTURE, Washington, D. C., February 25, 1935.

House of Representatives, Washington, D. C.

DEAR MR. JONES: I have your letter of January 19 enclosing a copy of "A Bill to Amend the Filled Milk Act" of March 4, 1923 (U. S. C., title 21, ch. 3), with a request for the Department's recommendation.

This bill is identical with S. 1355, introduced in the first session of the Seventysecond Congress. The bill proposes to assign the responsibility for enforcing the Filled Milk Act to the Department of Agriculture and authorizes the Secretary of Agriculture to make and enforce such regulations as may be necessary for carrying out the purposes of the act. It also authorizes the annual appropriation of $10,000 for this purpose.

This Department recognizes that the Filled Milk Act is similar in may respects to statutes now administered by this Department. Existing enforcement machinery in the Department could therefore be utilized to advantage in the administration of the act.

If the specified appropriation is made available, this Department would have no objection to the enactment of the measure.

Sincerely yours,

W. L. WILSON, Acting Secretary.

Upon reference of the matter to the Budget Bureau, as required by Budget Circular 49, the Department was advised by the Director thereof, under date of February 12, 1935, that

if the proposed legislation be amended to authorize the appropriation of "not to exceed $10,000, annually, the expenditures contemplated thereby would not be in conflict with the financial program of the President.

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives the existing law is shown in roman and the new matter added printed in italics:

[PUBLIC NO. 513-67TH CONGRESS]
[H. R. 8086]

AN ACT To prohibit the shipment of filled milk in interstate or foreign commerce

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever used in this act

(a) The term "person" includes an individual, partnership, corporation, or association;

(b) The term "interstate or foreign commerce" means commerce (1) between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Territory or possession, or within the District of Columbia; and

(c) The term "filled milk" means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition shall not include any distinctive proprietary food compound not readily mistaken in taste for milk or cream or for evaporated, condensed, or powdered milk, or cream: Provided, That such compound (1) is prepared and designed for feeding infants and young children and customarily used on the order of a physician; (2) is packed in indi

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 a 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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BURIALS IN NATIONAL CEMETERIES

APRIL 26, 1935.—Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. HILL of Alabama, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 1712]

The Committee on Military Affairs, to whom was referred the bill (S. 1712) to amend section 4878 of the United States Revised Statutes, as amended, relating to burials in national cemeteries, having considered the same, report favorably thereon with a recommendation that it do pass.

A similar bill passed the Senate on April 25, 1934, having been reported on favorably by your committee. The records show further that the measure was later referred to the House Military Affairs Committee.

Senate Report No. 720, Seventy-third Congress, second session, submitted on April 13, 1934, by your committee to accompany S. 3023, follows:

The Committee on Military Affairs, to whom was referred the bill (S. 3032) to amend section 4878 of the United States Revised Statutes, as amended, relating to burials in national cemeteries, having considered the same, report favorably thereon with the recommendation that it do pass.

Enactment of this measure will authorize burial in any national cemetery of those members of the President's Cabinet who served during the period between the delaration of war on April 6, 1917, and the armistice on November 11, 1918. These Cabinet officers were:

Robert Lansing, Secretary of State.

William Gibbs McAdoo, Secretary of the Treasury.

Newton D. Baker, Secretary of War.

Josephus Daniels, Secretary of the Navy.

Franklin K. Lane, Secretary of the Interior.
David F. Houston, Secretary of Agriculture.
William C. Redfield, Secretary of Commerce.
William B. Wilson, Secretary of Labor.
Thomas W. Gregory, Attorney General.
Albert S. Burleson, Postmaster General.

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