Imitation Butter and Cheese Regulation Bill

[Ebowed]

Imitation Butter and Cheese Regulation Bill

§1. Findings
   (a) The regulation of the sale of imitation butter and cheese has been subject to State regulation under the Act of May 9, 1902, even when such product is part of interstate commerce.
   (b) Improvements in the refrigeration, transportation, and federal regulatory processes since the passage of the Act of May 9, 1902, make national regulation of these products feasible.
   (c) The Constitutional mandate for the Senate to provide "a single market where competition is free and undistorted" would be better served by national standards on these products, rather than those of each Region or State.

§2. National Standards
   (a) The Secretary of Health and Human Services is directed to develop in the usual manner regulations setting standards for imitation butter and cheese under the authority granted by the Federal Food, Drug, and Cosmetic Act.
   (b) Such standards shall as far as practicable be designed so that under the standards set by the States under the authority of the Act of May 9, 1902 -
      (1) any product which meets all such standards shall meet the new national standard, and
      (2) no product which does not meet at least one such standard shall meet the new national standard.

§3. Repeal and transition
   (a) Section 1 of the Act of May 9, 1902, granting the States authority to regulate the sale of imitation butter and cheese, even when said product is produced in another State, is repealed as of the date the regulations called for in section 2 of this Act enter into force.
   (b) The regulations developed under section 2 of this Act may incorporate provisions with effect in only one or more States so as to facilitate the transition from State to national regulation of commerce in imitation butter and cheese.  Such provisions may only remain in effect a maximum of two years after the date the regulations called for in section 2 of this Act enter into force.


Sponsor: Sen. Ernest

[Ebowed]

We are now voting on final passage.

Imitation Butter and Cheese Regulation Bill

§1. Findings
   (a) The regulation of the sale of imitation butter and cheese has been subject to State regulation under the Act of May 9, 1902, even when such product is part of interstate commerce.
   (b) Improvements in the refrigeration, transportation, and federal regulatory processes since the passage of the Act of May 9, 1902, make national regulation of these products feasible.
   (c) The Constitutional mandate for the Senate to provide "a single market where competition is free and undistorted" would be better served by national standards on these products, rather than those of each Region or State.

§2. National Standards
   (a) The Secretary of Health and Human Services is directed to develop in the usual manner regulations setting standards for imitation butter and cheese under the authority granted by the Federal Food, Drug, and Cosmetic Act.
   (b) Such standards shall as far as practicable be designed so that under the standards set by the States under the authority of the Act of May 9, 1902 -
      (1) any product which meets all such standards shall meet the new national standard, and
      (2) no product which does not meet at least one such standard shall meet the new national standard.

§3. Repeal and transition
   (a) Section 1 of the Act of May 9, 1902, granting the States authority to regulate the sale of imitation butter and cheese, even when said product is produced in another State, is repealed as of the date the regulations called for in section 2 of this Act enter into force.
   (b) The regulations developed under section 2 of this Act may incorporate provisions with effect in only one or more States so as to facilitate the transition from State to national regulation of commerce in imitation butter and cheese.  Such provisions may only remain in effect a maximum of two years after the date the regulations called for in section 2 of this Act enter into force.


Aye

[Ebowed]

Give me an argument for it either way.

It federalizes existing regulations on imitation butter and cheese.

[Ebowed]

This bill has enough votes to fail.  Senators have 24 hours to change their votes.

[Ebowed]

With 2 ayes, 4 nays, and 1 abstention, the bill fails.