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FDA-2000/01
FOOD AND DRUG ADMINISTRATION
FISCAL YEAR 2001 DHHS LEGISLATIVE PROPOSAL
Repeal Imported Milk Act
Repeal the Import Milk Act and Achieve Consistency with the World Trade Organization Agreement
Current Law: The Import Milk Act (IMA) (P.L. 69-625) was enacted in 1927 for the stated purpose “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.” The most significant requirement is the need for importers to have a valid permit issued by the Secretary in order to ship milk or cream into the United States. Among other things, the law considers milk unfit if the producing cows are not healthy and if they have not been examined within the past year, and if the farm has not passed a sanitary inspection within the past year.
Proposal: Repeal the Import Milk Act, Public Law 69-625.
Rationale: There is no need for the IMA as the Federal Food, Drug and Cosmetic Act and the Public Health Service Act provide adequate control measures for dairy products. The health protection of the IMA have been superseded by the National Conference of Interstate Milk Shipments, which is overseen by the FDA under provisions of the PHS Act.
The IMA is inconsistent with the World Trade Organization Agreement and under the agreement needs to be repealed by 1999. Failure to repeal puts the United States at risk for a complaint to the WTO. Enforcement of the IMA also would contradict the subsidies and market access provisions of the North American Free Trade Agreement.
Repeal of the IMA has been recommended by the United States Trade Representative’s office.
Cost: Repeal of the IMA is budget neutral.