HR 13 Text

H. R. 13
Originating in the House Committee on
Agriculture and Natural Resources)
(By Delegates Beach, Compton, Doyle and Manuel)

Requesting the commissioner of agriculture to propose a legislative rule or rules relating to the labeling of dairy products from cows that have not been treated with recombinant bovine somatotropin or with a recombinant bovine growth hormone.

Whereas , On November 5, 1993, the Food and Drug Administration of the United States Department of Health and Human Services (the "FDA") approved a new animal drug application providing for the subcutaneous use of sterile sometribove zinc suspension (recombinant bovine somatotropin ("rbST") or a recombinant bovine growth hormone ("rbGH")), in lactating dairy cows to increase the production of marketable milk; and

Whereas , The FDA has announced that it approved the use of rbST based upon its determination that rbST is safe and effective for dairy cows, that milk from rbST-treated cows is safe for human consumption, that production and use of the product do not have a significant impact on the environment, and that there is no significant difference between milk from treated and untreated cows; and
Whereas , Based upon its determination that there is no significant difference between milk from treated and untreated cows, the FDA has further determined that it does not have the authority to require special labeling for milk from rbST-treated cows, but has stated that companies using milk from cows not treated with rbST may voluntarily inform consumers of this fact in their product labels or labeling, provided that any statements are truthful and not misleading; and
Whereas , As requested by several states and industry and consumer representatives in connection with the expiration of the congressional moratorium on the commercial sale of rbST on February 3, 1994, the FDA on February 10, 1994, issued a Notice relating to "Interim Guidance on the Voluntary Labeling of Milk and Milk Products From Cows That Have Not Been Treated With Recombinant Bovine Somatotropin"; and
Whereas , The guidance document issued by the FDA reflects the FDA's current views, which the FDA may reconsider at a later date in light of any comments it may receive during the public comment period which will close on March 14, 1994; and
Whereas , Under both the Federal Food, Drug, and Cosmetic Act (the "Federal Act") and the West Virginia Dairy Products And Imitation Dairy Products Law, W. Va. Code §§ 19-11A-1 to 19-11A-16, a dairy product is misbranded if, among other things, its label or labeling is "false or misleading in any particular"; and
Whereas , Except has otherwise indicated, it is the intent of the West Virginia Legislature that the West Virginia Dairy Products And Imitation Dairy Products Law substantially conform with the federal regulations promulgated under the authority of the United States secretary of health and human services in order to provide for the movement of dairy products in interstate and intrastate commerce with a minimum of economic barriers; and
Whereas , The FDA has issued interim guidance and is now in the process of accepting public comment concerning its positions on appropriate labeling statements and substantiation of labeling claims relating to dairy products produced with milk coming from cows not treated with rbST;
Whereas , The commissioner of agriculture of the State of West Virginia has the power and duty under the provisions of the West Virginia Dairy Products And Imitation Dairy Products Law to, among other things, adopt, promulgate and enforce rules to carry out the purposes of such law, including establishing definitions and standards of identity for dairy products, and to examine labels and labeling of dairy products;
Whereas , The commissioner of agriculture of the State of West Virginia is further authorized under the West Virginia Dairy Products And Imitation Dairy Products Law to cooperate with agencies of the federal government in order to carry out the purpose and provisions of the West Virginia Dairy Products And Imitation Dairy Products Law; and
Whereas , The House of Delegates shares the concern expressed by the FDA in its recent guidance notice about the need to adopt and enforce appropriate rules governing the contents of and requiring the substantiation of labeling statements and labeling claims relating to dairy products produced with milk coming from cows not treated with rbST or rbGH; and
Whereas, The House of Delegates desires to attempt to protect the public from false or misleading labels or labeling or false or misleading advertisements relating to claims about dairy products offered for sale in West Virginia; therefore, be it
Resolved by the House of Delegates:
That the commissioner of agriculture of the State of West Virginia is hereby requested, pursuant to his powers and duties as set forth in the West Virginia Dairy Products And Imitation Dairy Products Law, to immediately undertake the process of developing and promulgating legislative rules, in accordance with the provisions of chapter twenty-nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, to govern the contents of and to require the substantiation of labeling statements and labeling claims, as well as related advertising statements or claims, relating to dairy products produced with milk coming from cows not treated with rbST or rbGH; and, be it
Further Resolved , That said rules be promulgated to substantially conform with any federal regulations promulgated under the authority of the United States secretary of health and human services on this topic.

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