TWO POTENTIAL DIRECTIONS

Mr. LEONARD. The Congress could take two potential directions: It could set up a special commission to study the question and report back to the committees with recommendations; or it could require the Secretary of HEW, in cooperation with the Secretary of Agriculture, to set up a commission and to report back on a proposal to reform and modernize the whole food inspection program within a specified period

of time.

In the food area all of the old anchors that we once depended upon, the biological safeguards in food, are disappearing under the weight of further processing and the increasing trend in food. We are turning nutrition into a chemical processing industry. The programs that we developed in 1906 are not adequate. The standards that we employ to communicate within the industry are not adequate; yet, no one seems to be that concerned about it, either within the Administration or within the Congress at his stage.

Senator HARRIS. Thank you very much, Mr. Leonard.

That concludes our hearing for today.

The committee will stand in recess until 10 a.m. tomorrow.

(Whereupon, at 12:30 p.m., the hearing was adjourned until 10 a.m., Friday, April 21, 1972.)

77-615 - 72 - 4

EXHIBIT 1

92D CONGRESS 2D SESSION

S. 3419

IN THE SENATE OF THE UNITED STATES

MARCH 24, 1972

Mr. MAGNUSON, from the Committee on Commerce, reported the following bill; which, by unanimous consent, was ordered to be referred to the Committees on Labor and Public Welfare and Government Operations simultaneously, with instructions to report back on May 23 and May 25, respectively

A BILL

To protect consumers against unreasonable risk of injury from hazardous products, and for other purposes.

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the "Consumer Safety Act of

4 1972".

II

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DEFINITIONS

SEC. 101. As used in this Act

(1) "Consumer product" means a product produced or

6 distributed for sale to an individual for his personal use, con

7

sumption, or enjoyment in or around a household or resi8 dence, a school, in recreation, or otherwise; and an electronic

9 product as defined in paragraph (3) of this section; but it

10 does not mean—

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(A) tobacco and tobacco products;

(B) products subject to regulation under the Na

tional Traffic and Motor Vehicle Safety Act of 1966

(15 U.S.C. 1381 et seq.);

(C) aircraft or other aeronautical products subject to safety regulations by the Federal Aviation Adminis

tration;

(D) foods, drugs, or devices subject to safety regulation under the Food, Drug, and Cosmetic Act (21

U.S.C. 301 et seq.), as amended by section 204 (a) of this Act;

(E) products subject to safety regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.);

(F) products subject to safety regulation under the

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Occupational Safety and Health Act of 1970 (29

U.S.C. 651 et seq.);

(G) products subject to safety regulation under the Gas Pipeline Safety Act (49 U.S.C. 1671 et seq.);

(H) products subject to safety regulation under authority of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); and

(I) vessels, appurtenances, and equipment subject to title 52 of the Revised Statutes, as amended, the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 et seq.), or other marine safety statutes administered by the Department in which the Coast Guard is operating.

(2) "Commerce" means commerce among, between, or

14 within the several States.

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15 (3) "Consumer product safety standard" means a minimum standard promulgated under this Act which prevents 17 such product from presenting an unreasonable risk of injury or death.

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(4) "Electronic product" means (A) any manufactured 20 or assembled product which, when in operation, (i) contains

or acts as part of an electronic circuit and (ii) emits (or in 22 the absence of effective shielding or other controls would

23 emit) electronic product radiation, or (B) any manufactured

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or assembled article which is intended for use as a com

ponent, part, or accessory of a product described in clause

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1 (A) and which when in operation emits (or in the absence

2 of effective shielding or other controls would emit) such

3 radiation.

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(5) "Electronic product radiation" means

(A) any ionizing or non-ionizing electromagnetic

or particulate radiation or

(B) any sonic, infrasonic, or ultrasonic wave, which

is emitted from an electronic product as the result of the operation of an electronic circuit in such product.

(6) “Injury” means accidental harm (including illness)

produced by biologic, chemical, thermal, mechanical, electri12 cal, or radiological agents.

13 (7) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Trust

17

Territory of the Pacific Islands, or the Canal Zone.

18 (8) "Unreasonable risk of injury presented by a con

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sumer product" means that degree of risk which the Com

missioner determines is incompatible with the public health

and safety either because the degree of anticipated injury

or the frequency of such injury, or both, is unwarranted

because

(A) the degree of anticipated injury or the fre

quency of such injury can be reduced without affect