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the like. This program will be submitted to the States for bids and the selection for participation will not only depend upon their monetary bid, but upon the facilities and resources available for conducting such a study. The target date for contract letting is June 1970, and will extend for a year. It is expected to involve about 10 States. Prompt action on these regulations will follow.

Mr. Chairman, you have asked for an assessment of whether the goals as declared in the Act are being met. We believe the packaging and labeling on consumer products have significantly improved. The January 1969 issue of Consumer Reports reported on a 1968 survey in which five college-educated women were sent to a particular supermarket to purchase the best-buy on fourteen selected consumer commodities. This was a followup to a similar survey conducted in 1962. The 1968 report revealed that "a new frankness in labeling was indeed discernible."

The most important improvement in labeling has been in the declaration of net quantity of contents. The consumer can now look for a more legible declaration of net quantity of contents at a uniform location on the front of the label. This will assist her in making price comparisons with competitive products. With the promulgation of regulations under Section 5, the goals of the Act will further be achieved.

We believe that we have done a good job in administering the Fair Packaging and Labeling Act within the resources allocated to FDA for this purpose. Recently, there has been an increase in funding for conducting our Fair Packaging and Labeling Act activities. The revised FY 1970 DHEW budget recently approved by Congress identified $345,500 for carrying out the contract programs with the States. Additionally, FDA reprogrammed 11 positions and related costs for expanded enforcement of the Act. This supplemented the two professional positions assigned to this area. For FY 1971 an estimated 13 positions and $540,500 have been projected for the Act's implementation.

The White House Conference on Food, Nutrition, and Health held last November focused a significant portion of its attention to the labeling of foods. They considered what the consumer really wants and needs to know about the food, how it should be presented on the label, and whether the existing label requirements are adequate in informing the consumer about the food. For example, the Conference recommended that foods be labeled to show their major nutritional contents and be more informative about the food additive content. They also made recommendations pertaining to assisting the consumer in making value comparisons.

We have a task force within FDA reviewing these recommendations to determine how best they can be carried out.

Mr. Chairman, much has been done and there is still more to do. FDA will continue its efforts to help the consumer in making value comparisons. I will be glad to answer any questions you or your fellow committee members may have. Senator Moss. Before adjourning the hearing, let me say I am a little bit dismayed by the information disclosed. It seems to me we haven't been moving fast enough.

Those engaged in protecting the American consumers are prone to criticize the American business community for its lack of consumer concern; and in many instances that criticism is justified.

But Congress cannot expect the business community to look out for the interests of consumers unless our Government agencies, pledged to carry out the will of Congress, themselves show sympathy for the consumers. More than 3 years after its passage, the Fair Packaging and Labeling Act has not begun to be implemented and is now beginning to be enforced. The law itself is not without deficiencies. Its proponents recognized that in 1966. But that should not excuse agency lethargy or agency disregard of the congressional mandate.

Some of the agencies argue they lack funds or personnel to implement the act. While there have been funds for industry conferences and seminars designed to persuade industry to obey the law, there have not been funds to hire additional personnel to assist the small core of dedicated staff workers who day after day have had to withstand the deluge of industry spokesmen who argue that Congress didn't really mean to pass the Fair Packaging and Labeling Act and really didn't mean to enforce it.

"Congress has ignored us," say the agencies, but when did the agencies speak out and request funds? When did they tell Congress they couldn't do the job? Who is responsible for finally giving FDA some seed money for doing the job?

It was the congressional appropriations, as was pointed out in our colloquy.

When did the Department of Commerce report to Congress that voluntary standards would not eliminate undue proliferation? By avoiding the procedures set forth by Congress, the Department completely avoided that responsibility.

So, it is time to put the house in order.

I believe in the statement that "informed consumers are essential to the fair and efficient functioning of the free market economy."

I believe the Congress should assist consumers and manufacturers in facilitating value comparisons. Those are not just idle words at the beginning of the Fair Packaging and Labeling Act-words to be ig nored by industry and the Government agencies.

I promise I will do all in my power to transform the "half-truth in packaging" act into a comprehensive law that does, in fact, enable consumers to obtain accurate information as to the quantity of contents and does facilitate value comparisons. To begin this transformation, the Congress must demand that the agencies charged with implementing and enforcing the Fair Packaging and Labeling Act start doing the job. And this demand must continue to be reiterated by the President's Consumer Adviser, Mrs. Knauer, who gave us, as her opinion, that progress has been minimal.

I think we must apply more of our energies and more dedication to the enforcing of the act or it will not be a success in the years ahead.

Senator HART. Mr. Chairman, I say amen to that statement.

I think it is very regrettable that some time has been spent in meetings across the country decrying the inadequacy of the act by spokesmen for agencies which themselves have never asked for a nickel to enforce it.

Let's measure the adequacy of the act after those agencies have put the manpower to work to see if it can be made to operate. I believe as you do, that there can be improvements in the legislation, but there can be improvements in existing enforcement, too.

Senator Moss. Thank you very much. With that we will stand adjourned.

(Whereupon, at 12:15 p.m., the subcommittee was adjourned.)

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SUBCOMMITTEE ON ENERGY, NATURAL
RESOURCES, AND THE ENVIRONMENT

OF THE

COMMITTEE ON COMMERCE

AND THE

SUBCOMMITTEE ON AIR AND WATER POLLUTION

OF THE

COMMITTEE ON PUBLIC WORKS
UNITED STATES SENATE

NINETY-FIRST CONGRESS

SECOND SESSION

ON

S. 3072

TO STIMULATE THE DEVELOPMENT, PRODUCTION, AND
DISTRIBUTION IN INTERSTATE COMMERCE OF LOW-
EMISSION MOTOR VEHICLES IN ORDER TO PROVIDE THE
PUBLIC INCREASED PROTECTION AGAINST THE HAZARDS
OF VEHICULAR EXHAUST EMISSION, AND FOR OTHER

PURPOSES

JANUARY 27, 28, AND 29, 1970

Serial No. 91-51

Printed for the use of the Committees on Commerce and Public Works

41-711 O

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1970

DEPOSITED BY THB

UNITED STATES OF AMERIC

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ENERGY, NATURAL RESOURCES, AND THE ENVIRONMENT

PHILIP A. HART, Michigan, Chairman
FRANK E. MOSS, Utah, Vice Chairman

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RICHARD B. ROYCE, Chief Clerk and Staff Director

J. B. HUYETT, Jr., Assistant Chief Clerk and Assistant Staff Director
BARRY MEYER, Counsel

BAILEY GUARD, Assistant Chief Clerk (Minority)

TOM C. JORLING, Minority Counsel

JOSEPH F. VAN VLADRICKEN, LEON G. BILLINGS, RICHARD D. GRUNDY, and STEWART E. MCCLURE, Professional Staff Members

AIR AND WATER POLLUTION
EDMUND S. MUSKIE, Chairman

J. CALEB BOGGS, Delaware

JOHN SHERMAN COOPER, Kentucky
HOWARD H. BAKER, JR., Tennessee
ROBERT J. DOLE, Kansas

JENNINGS RANDOLPH, West Virginia
BIRCH BAYH, Indiana

JOSEPH M. MONTOYA, New Mexico
WILLIAM B. SPONG, JR., Virginia

THOMAS F. EAGLETON, Missouri

CONTENTS

Opening Statement by the Chairman, Senator Warren G. Magnuson___.

Text of S. 3072____.

Agency comments:

Comptroller General

National Science Foundation___

Atomic Energy Commission___.

Federal Power Commission_.

CHRONOLOGICAL LIST OF WITNESSES

JANUARY 27, 1970

Baker, Hon. Howard H., Jr., U.S. Senator from Tennessee.
Black, Creed C., Assistant Secretary for Legislation, Department of
Health, Education, and Welfare; accompanied by Irwin Auerbach, Spe-
cial Assistant for Legislative Affairs of the National Air Pollution Con-
trol Administration

Chapman, John W., Deputy Administrator, General Services Administra-
tion; accompanied by Robert M. O'Mahoney, Commissioner, Transporta-
tion and Communications Service, and H. A. Abersteller, Assistant
Commissioner for Procurement__

Hart, Hon. Philip A., U.S. Senator from Michigan..
Muskie, Hon. Edmund S., U.S. Senator from Maine__

JANUARY 28, 1970

Gouse, Dr. S. William, Jr., Office of Science and Technology, Office of the
President

Misch, Herbert L., vice president, engineering, Ford Motor Co.; accompanied by Donald Jensen, director, automotive emissions office, and Ross Taylor, assistant chief engineer of engine activities and chief engineer of advancement activities____

JANUARY 29, 1970

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Aronson, Robert R., president, Electric Fuel Propulsion, Inc__-
Foran, John Francis, chairman, Assembly Transportation Committee,
California State Legislature__

108

104

Griswold, S. Smith, air pollution consultant__

144

Lear, William P., chairman of the board, Lear Motors Corp--

130

Svoboda, Edward, Borg-Warner, representing the National LP-Gas Association; accompanied by Robert Stone___

151

Volpe, Hon. John A., Secretary of the Department of Transportation___.
Wouk, Dr. Victor, director of electronics research, Gulton Industries, Inc__
Prepared statement----

91

114

120

ADDITIONAL LETTERS, STATEMENTS, AND ARTICLES Chapin, Roy D., Jr., chairman, American Motors Corp., telegram of February 10, 1970_.

Knapp, Edward M., vice president of Anti-Pollutant Controls, Inc., statement

175

161

Mackwell, Arthur M., Engelhard Minerals & Chemicals Corp., statement__ Phelan, Robert J., development-air purification, American Cyanamid Co., letter

159

173

Radin, Alex, American Public Power Association, letter of January 30, 1970

173

Roche, J. M., General Motors Corp., letter of January 12, 1970___
Triplett, Wallace, director of marketing and public relations of Vega As-
sociates, statement..

90

175

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