B-142606, JUN. 22, 1960

B-142606: Jun 22, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

VETERANS ADMINISTRATION: REFERENCE IS MADE TO LETTER DATED APRIL 14. NO AGENCY OR INSTRUMENTALITY OF THE UNITED STATES SHALL CONTRACT FOR OR PROCURE ANY LIVESTOCK PRODUCTS PRODUCED OR PROCESSED BY ANY SLAUGHTERER OR PROCESSOR WHICH IN ANY OF ITS PLANTS OR IN ANY PLANTS OF ANY SLAUGHTERER OR PROCESSOR WITH WHICH IT IS AFFILIATED SLAUGHTERS OR HANDLES IN CONNECTION WITH SLAUGHTER LIVESTOCK BY ANY METHODS OTHER THAN METHODS DESIGNATED AND APPROVED BY THE SECRETARY OF AGRICULTURE * * * PURSUANT TO SECTION 4 HEREOF: * * *" THE ACT IS VERY BROAD AND MANY OF THE TERMS OF THE ACT ARE NOT DEFINED. IMPLEMENTATION OF THE ACT IS REQUIRED OF THE SECRETARY OF AGRICULTURE UNDER SECTION 4 AND ADDITIONAL INTERPRETATIONS AND REGULATIONS WOULD APPEAR TO BE REQUIRED OF ALL FEDERAL AGENCIES AND INSTRUMENTALITIES UNDER SECTION 3 CONCERNING PROCUREMENT OF LIVESTOCK AND LIVESTOCK PRODUCTS.

B-142606, JUN. 22, 1960

TO HONORABLE SUMNER G. WHITTIER, ADMINISTRATOR, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO LETTER DATED APRIL 14, 1960, FROM YOUR CHIEF MEDICAL DIRECTOR, REQUESTING A DECISION ON SEVERAL QUESTIONS CONCERNING THE HUMANE SLAUGHTER ACT, PUBLIC LAW 85-765, 72 STAT. 862.

THE ACT DECLARES THE POLICY OF THE UNITED STATES TO BE THAT SLAUGHTERING OF LIVESTOCK AND HANDLING OF LIVESTOCK IN CONNECTION WITH SLAUGHTER SHALL BE CARRIED OUT ONLY BY HUMANE METHODS. IN FURTHERANCE OF THIS POLICY, SECTION 3 OF THE ACT PROVIDES THAT "* * * AFTER JUNE 30, 1960, NO AGENCY OR INSTRUMENTALITY OF THE UNITED STATES SHALL CONTRACT FOR OR PROCURE ANY LIVESTOCK PRODUCTS PRODUCED OR PROCESSED BY ANY SLAUGHTERER OR PROCESSOR WHICH IN ANY OF ITS PLANTS OR IN ANY PLANTS OF ANY SLAUGHTERER OR PROCESSOR WITH WHICH IT IS AFFILIATED SLAUGHTERS OR HANDLES IN CONNECTION WITH SLAUGHTER LIVESTOCK BY ANY METHODS OTHER THAN METHODS DESIGNATED AND APPROVED BY THE SECRETARY OF AGRICULTURE * * * PURSUANT TO SECTION 4 HEREOF: * * *"

THE ACT IS VERY BROAD AND MANY OF THE TERMS OF THE ACT ARE NOT DEFINED. IMPLEMENTATION OF THE ACT IS REQUIRED OF THE SECRETARY OF AGRICULTURE UNDER SECTION 4 AND ADDITIONAL INTERPRETATIONS AND REGULATIONS WOULD APPEAR TO BE REQUIRED OF ALL FEDERAL AGENCIES AND INSTRUMENTALITIES UNDER SECTION 3 CONCERNING PROCUREMENT OF LIVESTOCK AND LIVESTOCK PRODUCTS. SINCE THE INTERPRETATIONS AND REGULATIONS SHOULD BE UNIFORM AND REQUIRE LIAISON WITH THE DEPARTMENT OF AGRICULTURE IT IS OUR BELIEF THAT SUCH INTERPRETATIONS AND REGULATIONS SHOULD IN THE FINAL ANALYSIS BE ISSUED BY THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, THROUGH THE OFFICE OF PROCUREMENT POLICY. IN FPR NOTICE NO. 1 DATED MAY 11, 1960, THE ADMINISTRATOR HAS ANNOUNCED THAT UNIFORM REGULATIONS ON THIS SUBJECT WILL BE ISSUED IN THE FEDERAL PROCUREMENT REGULATIONS AND UNDER DATE OF JUNE 6, 1960, THERE WAS SUBMITTED TO THE VARIOUS DEPARTMENTS OF THE GOVERNMENT FOR REVIEW AND COMMENT PROPOSED MATERIAL TO IMPLEMENT THE REQUIREMENTS OF THE ACT.

HEADQUARTERS, MILITARY SUBSISTENCE SUPPLY AGENCY, CHICAGO, ILLINOIS, ON JUNE 1, 1960, ISSUED A ,NOTICE TO THE TRADE" SETTING FORTH THE REQUIREMENTS OF THE ACT AND VARIOUS DEFINITIONS AND INTERPRETATIONS. COPY OF SUCH NOTICE IS FORWARDED HEREWITH. IT IS BELIEVED THAT THE "NOTICE TO THE TRADE" COVERS THE VARIOUS QUESTIONS RAISED BY YOUR CHIEF MEDICAL DIRECTOR CONCERNING THE ACT. THE DEFINITIONS AND INTERPRETATIONS OF THE ACT AS SET FORTH IN SAID NOTICE APPEAR TO BE IN COMPLIANCE WITH THE REQUIREMENTS AND TO CARRY OUT THE INTENT AND PURPOSE OF THE ACT. HOWEVER, THE ACT APPLIES TO ALL PURCHASES OF LIVESTOCK PRODUCTS WITHOUT LIMITATION AS TO AMOUNT, AND THE ,NOTICE" WILL UNDOUBTEDLY BE MODIFIED TO THE EXTENT OF ELIMINATING THE $2,500 EXEMPTION IN ACCORDANCE WITH LETTER DATED JUNE 13, 1960, FROM THE ASSISTANT SECRETARY OF THE ARMY (LOGISTICS) TO SENATOR HUBERT H. HUMPHREY.

SINCE THE TRADE HAS BEEN ADVISED AS TO THE CONDITIONS UNDER WHICH THE GOVERNMENT, THROUGH THE MILITARY SUBSISTENCE SUPPLY AGENCY, WILL PURCHASE LIVESTOCK PRODUCTS AND FOR THE SAKE OF UNIFORMITY, IT IS SUGGESTED THAT THE VETERANS ADMINISTRATION ADOPT THE INTERPRETATIONS OF THE ACT CONTAINED THEREIN UNTIL THE UNIFORM REGULATIONS ARE ISSUED BY THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION.