INSPECTION; CERTIFIED STATEMENT IN LIEU THEREOF; WAIVER OF REQUIREMENTS OF SECTION 142; REGULATIONS; SUSPENSION AND REVOCATION OF PERMITS SEC. 3. [143] The Secretary of Health, Education, and Welfare shall cause such inspections to be made as are necessary to insure that milk and cream are so produced and handled as to comply with the provisions of section 2 of this act, and in all cases when he finds that such milk and/or cream is produced and handled so as not to be unfit for importation under clauses 1, 2, and 3 of section 2 of this act, he shall issue to persons making application therefor permits to ship milk and/or cream into the United States: Provided, That in lieu of the inspections to be made by or under the direction of the Secretary he may, in his discretion, accept a duly certified statement signed by a duly accredited official of an authorized department of any foreign government and/or of any State of the United States or any municipality thereof that the provisions in clauses 1, 2, and 3 of section 2 of this act have been complied with. Such certificate of the accredited official of an authorized department of any foreign government shall be in the form prescribed by the Secretary, who is authorized and directed to prescribe such form, as well as rules and regulations regulating the issuance of permits to import milk or cream into the United States. The Secretary is authorized, in his discretion, to waive the requirement of section 2, paragraph 4, of this act when issuing permits to operators of condenseries in which milk and/or cream is used when sterilization of the milk and/or cream is a necessary process: Provided, however, That no milk and/or cream shall be imported whose bacterial count per cubic centimeter in any event exceeds one million two hundred thousand: Provided further, That such requirements shall not be waived unless the farm producing such milk to be imported is within a radius of fifteen miles of the condensery in which it is to be processed: Provided further, That if milk and/or cream imported when the requirements of section 2, paragraph 4, have been so waived, is sold, used, or disposed of in its raw state or otherwise than as condensed milk by any person, the permit shall be revoked and the importer shall be subject to fine, imprisonment, or other penalty prescribed by this act. The Secretary is directed to waive the requirements of paragraphs 2 and 5 of section 2 of this act insofar as the same relate to milk when issuing permits to operators of, or to producers for delivery to, creameries and condensing plants in the United States within twenty miles of the point of production of the milk, and who import no raw milk except for pasteurization or condensing: Provided, That if milk imported when the requirements of paragraphs 2 and 5 of section 2 have been so waived is sold, used, or disposed of in its raw state, or otherwise than as pasteurized, condensed, or evaporated milk by any person, the permit shall be revoked and the importer shall be subjected to fine, imprisonment, or other penalty prescribed by this act. The Secretary is authorized and directed to make and enforce such regulations as may in his judgment be necessary to carry out the purpose of this act for the handling of milk and cream, for the inspection of milk, cream, cows, barns, and other facilities used in the production and handling of milk and/or cream and the handling, keeping, transporting, and importing of milk and/or cream: Provided, however, That unless and until the Secretary shall provide for inspections to ascertain that paragraphs 1, 2, and 3 of section 2 have been complied with, the Secretary shall issue temporary permits to any applicants therefor to ship or transport milk and/ or cream into the United States. The Secretary is authorized to suspend or revoke any permit for the shipment of milk or cream into the United States when he shall find that the holder thereof has failed to comply with the provisions of or has violated this act or any of the regulations made hereunder, or that the milk and/or cream brought or shipped by the holder of such permit into the United States is not produced and handled in conformity with, or that the quality thereof does not conform to, all of the provisions of section 2 of this act. UNLAWFUL RECEIVING OF IMPORTED MILK OR CREAM SEC. 4. [144] It shall be unlawful for any person in the United States to receive milk or cream imported into the United States unless the importation is in accordance with the provisions of this act. PENALTIES SEC. 5. [145] Any person who knowingly violates any provision of this act shall, in addition to all other penalties prescribed by law, be punished by a fine of not less than $50 nor more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. APPROPRIATIONS SEC. 6. [146] There is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $50.000 per annum, to enable the Secretary of Health. Education, and Welfare to carry out the provisions of this act. 88-065 - 73 21 (Vol. 2) REPEAL OF INCONSISTENT LAWS SEC. 7. [147] Any laws or parts of laws inconsistent herewith are hereby repealed. POWERS OF STATE WITH RESPECT OF MILK OR CREAM LAWFULLY IMPORTED SEC. 8. [148] Nothing in this act is intended nor shall be construed to affect the powers of any State, or any political subdivision thereof, to regulate the shipment of milk or cream into, or the handling, sale, or other disposition of milk or cream in, such State or political subdivision after the milk and/or cream shall have been lawfully imported under the provisions of this act. DEFINITIONS; "PERSON"; "UNITED STATES.” SEC. 9. [149] When used in this act (a) The term "person" means an individual, partnership, association, or corporation. (b) The term "United States" means the fifty States and the District of Columbia. |