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Resolved, That the North Central States Association endorse Senate bill 1944
and that every effort be made to secure the passage of this bill in the forthcoming
session of Congress.
Approved.

EARLE G. BROWN, M.D.,
Secretary and Executive Officer Kansas State Board of Health.

RESOLUTION ADOPTED BY THE NORTH CENTRAL STATES ASSOCIATION OF FOOD,
Dairy, Drug, AND FEED OFFICIALS, 1933

Whereas, the enforcement of the Federal Food and Drugs Act has revealed many deficiencies in its provisions through which many serious abuses of the public health and the consumer's purse have arisen; and

Whereas, the Food and Drug Administration of the United States Department of Agriculture with the approval of the President of the United States has prepared a bill which was introduced in congress by Senator Copeland as Senate bill 1944, which is designed to correct these abuses by strengthening and extending the present law; and

Whereas, the officials of the North Central States Association have used their best efforts in safeguarding the purity and truthful labeling of foods and drugs in their respective states: Therefore, be it

Resolved, That the North Central States Association endorse Senate bill 1944 and that every effort be made to secure the passage of this bill in the forthcoming session of Congress.

Approved.

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HENRY HOFFMAN, Jr.,

Minnesota.

RESOLUTION ADOPTED BY THE NORTH CENTRAL STATES ASSOCIATION OF FOOD
DAIRY, DRUG, AND FEED OFFICIALS, 1933

Whereas the enforcement of the Federal Food and Drugs Act has revealed many deficiencies in its provisions through which many serious abuses of the public health and the consumer's purse have arisen; and

Whereas the Food and Drugs Administration of the United States Department of Agriculture with the approval of the President of the United States has prepared a bill which was introduced in Congress by Senator Copeland as Senate bill 1944, which is designed to correct these abuses by strengthening and extending the present law; and

Whereas the officials of the North Central States Association have used their best efforts in safeguarding the purity and truthful labeling of foods and drugs in their respective States: Therefore be it

Resolved, That the North Central States Association endorse Senate bill 1944
and that every effort be made to secure the passage of this bill in the forthcoming
session of Congress.
Approved.

E. L. REDFERN,
Chief Chemist, Department of Agriculture.

BRIEF OF E. J. LEVER, PRESIDENT COOPERATIVE DISTRIBUTORS, INC. As a National Cooperative Association owned and operated by ultimate consumers for their protection in a profit-motivated market, we believe that no permanent and continuous protection can be secured for consumers unless and until consumers are organized to supply themselves with the necessities of life and thereby remove the major problems this bill is intended to regulate.

Since complete consumer organization and social ownership is not yet attained, we are in favor of the proposed bill in spite of its limitations.

The time has arrived when Congress should provide some real protection to wage earners, farmers, and salaried people, as consumers of foods and drugs, in addition to their general protection as producers in industry.

The sale of goods or services to consumers is the only thing that gives those industries economic value. In the absence of consumer control, if private industry will not adequately, safely, and equitably supply consumer needs, the principle of governmental regulation must be applied. Experience in other fields proves that Government regulation tends to protect the consumers' safety, health, and income.

II

Opponents of the bill object to several of its provisions, especially those parts which empower the Secretary of Agriculture, a Cabinet officer, to regulate the future standards and conduct in the manufacture, advertisement, and sale of those products. But the law of 1906, which this is to replace, does specify the methods of manufacture and sale of foods and drugs. It is the circumvention of the provisions of that act that this bill is intended to meet, since processors and sellers have violated all human decency in their operations for private gain, of which convincing evidence is presented by the sponsors and other supporters of the bill.

All consumers need such protection. A minority have the means for proper medical care and thereby avoid the necessity of self-medication to a large extent. But, for lack of income, proper medical care is, however, not available to the overwhelming majority of workers, farmers, and their families. They are, therefore, compelled to fall back on self-medication. This tragic state of affairs makes them easy victims of unscrupulous manufacturers, advertisers, and vendors of adulterated foods and of quack medicines and cure-alls. This bill will afford some measure of protection to these millions of consumers, whose welfare should be the Government's greatest concern.

No subtlety is required to realize that possible loss of profits is the greatest fear of opponents of this bill-not the possible loss of jobs of their employees. The issue is presented squarely to Congress whether it shall be possible loss of profit for the few, or loss of health and even life to millions of consumers. Respectfully submitted.

COOPERATIVE DISTRIBUTORS, INC.,
E. J. LEVER, President.

J. J. SCHALET, Secretary.

Senator ROYAL S. COPELAND,

TRI-STATE PACKERS' ASSOCIATION, INC.,
Easton, Md., December 16, 1933.

United States Senate Office Building, Washington, D.C. MY DEAR SENATOR COPELAND: We wish to get before you and the subcommittee which conducted hearings on Senate bill 1944 the fact that the Tri-State Packers' Association is heartily in favor of the bill as it relates to canned foods. We make no pretense whatever on passing judgment on the bill as it relates to drugs and cosmetics. At our twenty-ninth annual convention held in Philadelphia this week the following resolution pertaining to the statement of grades of quality on canned foods labels was unanimously passed.

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Resolved, That this association go on record as favoring the use by its members of more descriptive and informative labels and that we particularly recommend the use of grade designations A, B, and C as now defined feeling that not until the consumer can buy our products intelligently and with confidence will this industry enjoy the increased consumption and greater consumer preference to which it is entitled by the high quality of its products."

We are particularly anxious to get this action of the Tri-State Association before you in view of the opposition to grades of quality above substandard registered with your committee by the National Canners' Association. In fact, many of their members are now labeling their products with the grade designations "A", "B", and "C." In fact, it is customary in quoting canned fruits and vegetables to make the quotatoins by grades. Always quotations are designated at certain prices for Fancy, Choice or Extra Standard, and Standard grade. Insofar as groups of canners report sales, shipments, or stocks of canned foods these reports are invariably by grades. Confirming this statement I am enclosing a few sample reports. This all indicates that no hardship would be placed upon the canning industry by such regulations or requirements as might be brought about through the proposed bill

Very truly yours,

F. M. SHOOK, Field Secretary.

ASSOCIATION OF NEW YORK STATE CANNERS, INC., ROCHESTER, N.Y.
New York stocks of green and wax beans, July 1, 1933

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Wisconsin Canners Association sales report for period Dec. 2 to Dec. 9, 1933, 26

companies reporting

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Wisconsin Canners Association sales report for period Dec. 2 to Dec. 9, 1933, 26 companies reporting-Continued

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STATEMENT WITH REFERENCE TO REVISED BILL, S. 2000

As a result of the hearings early in December on the proposed revision of the Food and Drugs Act, Senator Copeland introduced a new bill embodying sweeping changes in the measure. These changes have not detracted from the

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consumer protection the original bill sought to afford, but they remove the causes for apprehension so generally felt by reputable manufacturers whose products would be regulated by the law.

One of the principal points of difference between the old and new bills is the extent to which authority is lodged in the hands of administrative officers. In Senator Copeland's draft the delegation of regulation-making power is confined to those few instances where the problems are so complex and so changing with scientific progress that adequate protection of the public cannot otherwise be offered. Even in these instances the administrative officers cannot act independently, but are subject to the check of nonpartisan committees of scientists whose members are affiliated with neither the enforcing agency nor the regulated industries. Moreover, definite provision is made for court review of regulations. Senator Copeland's revision omits references to "inference and ambiguity" in defining offenses, which aroused great opposition to the old bill, but in clarifying these and other provisions there has been no weakneing of the measure. It also omits the sweeping provision requiring full formula disclosure on all proprietary drugs, the advantage of which to consumers has been questioned with good reason, and substitutes for it requirements for label declaration of certain potent ingredients, coupled with label warnings against unsafe methods of administration.

Instead of prohibiting therapeutic claims for a drug if they are contrary to the general agreement of medical opinion, such claims are declared as misbranding if they are not supported by substantial medical opinion or by demonstrable scientific facts. The requirement that a palliative be labeled as not a cure has been changed to compel labeling to show how the palliation is effected.

In these and all other possible ways the bill has been made clearer and more definite, without the sacrifice of any provision essential to public welfare. The section on voluntary inspection service has been deleted, as well as that authorizing investigations through the medium of the Federal Trade Commission Act, since these sections had caused great apprehension, and protection of consumers has been accomplished through other provisions in the bill.

An important addition to the measure authorizes the enforcing agency to accept plans of representative advertising associations for the self-regulation of advertising practices. But this does not relieve the enforcing agency from any of its responsibilities.

"The bill as it now stands", Senator Copeland says, "should receive the support of all consumers. It should likewise receive the endorsement of that great majority of the industries affected which is doing a reputable business. fair to all concerned."

The new bill, S. 2000, follows:

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[S. 2000, Seventy-third Congress, second session]

A BILL To prevent the manufacture, shipment, and sale of adulterated or misbranded food, drink, drugs, and cosmetics, and to regulate traffic therein; to prevent the false advertisement of food, drink, drugs, and cosmetics; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Food and Drugs Act."

DEFINITION OF TERMS

SEC. 2. As used in this Act, unless the context otherwise indicates

(a) The term "food" includes all substances and preparations used for, or entering into the composition of, food, drink, confectionery, or condiment for man or other animals.

(b) The term "drug" includes (1) all substances and preparations recognized in the United States Pharmacopoeia, Homeopathic Pharmacopoeia of the United States, or National Formulary or supplements thereto; and (2) all substances, preparations, and devices intended for use in the cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) all substances and preparations, other than food, and all devices intended to affect the structure or any function of the body.

(c) The term "cosmetic" includes all substances and preparations intended for cleansing, or altering the appearance of, or promoting the attractiveness of, the person.

(d) The term "territory" means any territory or possession of the United States, including the District of Columbia.

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