Chapter 155. To regulate the importation of milk and cream into the United States for the purpose of promoting the dairy industry of the United States and protecting the public health
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CHAP. 155.— An Act To regulate the importation of milk and cream into the United States for the purpose of promoting the dairy industry of the United States and protecting the public health.February 15, 1927.[[[H. R. 11768](/us/bill/69/hr/11768).][Public, No. 625](/us/pl/69/625).] *Be it it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Milk and cream.Importing, prohibited unless by holder of permit. That on and after the date on which this Act takes effect the importation into the United States of milk and cream is prohibited unless the person by whom such milk or cream is shipped or transported into the United States holds a valid permit from the Secretary of Agriculture.
Sec. 2. Milk or cream shall be considered unfit for importationUnfit conditions.Producing cows unhealthy, and not examined within one year.
(1)when all cows producing such milk or cream are not healthy 1102and a physical examination of all such cows has not been made within one year previous to such milk being offered for importation; Raw milk or cream from cows not tuberculin tested and shown free from tuberculosis.(2) when such milk or cream, if raw, is not produced from cows which have passed a tuberculin test applied by a duly authorized official veterinarian of the United States, or of the country in which such milk or cream is produced, within one year previous to the time of the importation, showing that such cows are free from Insanitary condition of dairy.tuberculosis;
(3)when the sanitary conditions of the dairy farm or plant in which such milk or cream is produced or handled do not score at least fifty points out of one hundred points according to the methods for scoring as provided by the score cards used by the Bureau of Dairy Industry of the United States Department of Agriculture at the time such dairy farms or plants are scored;
(4)With designated excess of bacteria.in the case of raw milk if the number of bacteria per cubic centimeter exceeds three hundred thousand and in the case of raw cream seven hundred and fifty thousand, in the case of pasteurized milk if the number of bacteria per cubic centimeter exceeds one hundred thousand, and in the case of pasteurized cream five hundred thousand; When temperature exceeds 50° Fahrenheit.(5) when the temperature of milk or cream at the time of importation exceeds fifty degrees Fahrenheit. Sec. 3. Inspections to ba made and permits for shipment issued it conditions complied with, etc.The Secretary of Agriculture shall cause such inspections to be made as are necessary to insure that milk and cream are so produced and handled as to comply with the provisions of section 2 of this Act, and in all cases when he finds that such milk and/or cream is produced and handled so as not to be unfit for importation under clauses 1, 2, and 3 of section 2 of this Act, he shall issue to persons making application therefor permits to ship milk and/or *Proviso*.Certificates of accredited officials of compliance with, accepted In lieu of Federal inspection.cream into the United States: *Provided*, That in lieu of the inspections to be made by or under the direction of the Secretary of Agriculture he may, in his discretion, accept a duly certified statement signed by a duly accredited official of an authorized department of any foreign government and/or of any State of the United States or any municipality thereof that the provisions in clauses 1, 2, and Form, etc., of certificate to be prescribed.3 of section 2 of this Act have been complied with. Such certificate of the accredited official of an authorized department of any foreign government shall be in the form prescribed by the Secretary of Rules for issuing permits to be prescribid I.Agriculture, who is hereby authorized and directed to prescribe such form, as well as rules and regulations regulating the issuance of permits to import milk or cream into the United States. Condenseries.Waiving bacteria limitations in permits to, using sterilization.The Secretary of Agriculture is hereby authorized, in his discretion, to waive the requirement of section 2, paragraph 4, of this Act when issuing permits to operators of condenseries in which milk and/or cream is used when sterilization of the milk and/or cream is a necessary process: *Provided, however*, That no milk and/or *Provisos*.Maximum bacterial count prescribed in imports.cream shall be imported whose bacterial count per cubic centimeter in any event exceeds one million two hundred thousand:Nearness of producing term. *Provided further*, That such requirements shall not be waived unless the farm producing such milk to be imported is within a radius of fifteen miles Permit revoked if product sold other than as condensed milk.of the condensery in which it is to be processed: *Provided further*, That if milk and/or cream imported when the requirements or section 2, paragraph 4, have been so waived, is sold, used or disposed of in its raw state or otherwise than as condensed milk by any person, the Penalty to importer.permit shall be revoked and the importer shall be subject to fine, imprisonment, or other penalty prescribed by this Act. Waiver of tuberculin tests and temperature, to producers to plants within twenty miles importing only for pasteurization or condensing.The Secretary of Agriculture is directed to waive the requirements of paragraphs 2 and 5 of section 2 of this Act in so far as the same relate to milk when issuing permits to operators of, or to producers for delivery to, creameries and condensing plants in the United States within twenty miles of the point of production of the milk, and who import no raw milk except for pasteurization or condens1103ing: *Provided*, That if milk imported when the requirements ofPermits revoked if sold other than as pasteurized, etc. paragraphs 2 and 5 of section 2 have been so waived is sold, used, or disposed of in its raw state, or otherwise than as pasteurized, condensed, or evaporated milk by any person, the permit shallPenalty to importers. be revoked and the importer shall be subjected to fine, imprisonment, or other penalty prescribed by this Act. The Secretary of Agriculture is hereby authorized and directed toSecretary to make and enforce regulation to carry out purpose of the act. make and enforce such regulations as may in his judgment be necessary to carry out the purpose of this Act for the handling of milk and cream, for the inspection of milk, cream, cows, barns, and other facilities used in the production and handling of milk and/or cream and the handling, keeping, transporting, and importing of milk and/or cream: *Provided, however*, That unless and until the Secretary*Proviso*.Temporary permits until regulations for inspection, etc., are provided. of Agriculture shall provide for inspections to ascertain that paragraphs 1, 2, and 3 of section 2 have been complied with, the Secretary of Agriculture shall issue temporary permits to any applicants therefor to ship or transport milk and/or cream into the United States. The Secretary of Agriculture is authorized to suspend or revokeSuspension of permits for shipments if holder violates provisions of act, etc. any permit for the shipment of milk or cream into the United States when he shall find that the holder thereof has failed to comply with the provisions of or has violated this Act or any of the regulations made hereunder, or that the milk and/or cream brought or shipped by the holder of such permit into the United States is not produced and handled in conformity with, or that the quality thereof does not conform to, all of the provisions of section 2 of this Act. Sec. 4. It shall be unlawful for any person in the United StatesReceiving milk or cream unless imported in accordance with provisions hereof, unlawful. to receive milk or cream imported into the United States unless the importation is in accordance with the provisions of this Act. Sec. 5. Any person who knowingly violates any provision of thisPunishment for violations knowingly. Act shall, in addition to all other penalties prescribed by law, be punished by a fine of not less than $50 nor more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Sec. 6. There is hereby authorized to be appropriated, out of anySum authorized to carry out this Act. moneys in the Treasury not otherwise appropriated, the sum of $50,000 per annum, to enable the Secretary of Agriculture to carry out the provisions of this Act. Sec. 7. Any laws or parts of laws inconsistent herewith are herebyInconsistent laws repealed. repealed. Sec. 8. Nothing in this Act is intended nor shall be construedState, etc., powers of regulating disposition of lawful imports, not affected. to affect the powers of any State, or any political subdivision thereof, to regulate the shipment of milk or cream into, or the handling, sale, or other disposition of milk or cream in, such State or political subdivision after the milk and/or cream shall have been lawfully imported under the provisions of this Act. Sec. 9. When used in this Act—Definitions.
(a)The term “person” means an individual, partnership, association,“Person.” or corporation.
(b)The term “United States” means continental United States.“United States.” Sec. 10. This Act shall take effect upon the expiration of ninetyEffective in 90 days. days from the date of its enactment. Approved, February 15, 1927.