S 458

112th CONGRESS
1st Session

S. 458

To amend the Federal Food, Drug, and Cosmetic Act to establish and enforce a maximum somatic cell count requirement for fluid milk.

IN THE SENATE OF THE UNITED STATES

March 2, 2011

Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


A BILL

To amend the Federal Food, Drug, and Cosmetic Act to establish and enforce a maximum somatic cell count requirement for fluid milk.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Milk Quality Standards Act of 2011'.

SEC. 2. MAXIMUM SOMATIC CELL COUNT.

    Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:

`SEC. 424. MAXIMUM SOMATIC CELL COUNT.

    `(a) Maximum Somatic Cell Count-

      `(1) IN GENERAL- The maximum somatic cell count for all dairy products sold, transported, or offered for sale or transport, in interstate commerce shall be 400,000 cells per milliliter of fluid milk, or equivalent, as determined by the Secretary.

      `(2) ADJUSTMENT- The Secretary, after consideration of any recommendations submitted by the National Conference on Interstate Milk Shipments, may lower the maximum somatic cell count established under paragraph (1).

    `(b) Calculation- The Secretary shall promulgate regulations to require that the calculation of a herd average somatic cell count under this section shall be made using a geometric, rather than an arithmetic, mean.

    `(c) Revision- The Secretary, in consultation with the National Conference on Interstate Milk Shipments, shall revise the Pasteurized Milk Ordinance to take into account the requirement under subsection (a) and any regulations promulgated under subsection (b).

    `(d) Enforcement-

      `(1) IN GENERAL- Beginning on the date that is 18 months after the date of enactment of this section, any person that sells, transports, or offers for sale or transport, in interstate commerce any dairy product in violation of subsection (a) shall be subject to a civil penalty in an amount determined in accordance with the regulations promulgated under paragraph (2).

      `(2) REGULATIONS- Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate regulations establishing a schedule of civil penalties for violations of subsection (a).'.

END