B-145324, JUN. 21, 1961

B-145324, JUN. 21, 1961

TO THE SECRETARY OF HEALTH, EDUCATION AND WELFARE:

IN OUR LETTER TO YOU OF APRIL 17, 1961, WE AUTHORIZED THE USE OF COMMERCIAL DOCUMENTS FOR THE SHIPMENT OF FOOD SAMPLES, WEIGHING APPROXIMATELY 50 POUNDS, FROM VARIOUS FOOD-SERVING ESTABLISHMENTS IN THE UNITED STATES TO PUBLIC HEALTH SERVICE LABORATORIES FOR THE PURPOSE OF ANALYSIS FOR RADIOACTIVITY, SUBJECT TO THE FOLLOWING CONDITIONS:

"1. THAT THE WRITTEN AGREEMENT WITH RAILWAY EXPRESS AGENCY CONTAIN THE FOLLOWING PROVISION:

"THE SHIPMENTS COVERED BY THIS AGREEMENT CONSIST OF PROPERTY OF THE UNITED STATES AND ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STANDARD FORM OF THE UNITED STATES GOVERNMENT BILL OF LADING AND ANY OTHER APPLICABLE CONTRACT OR AGREEMENT OF THE CARRIER FOR THE TRANSPORTATION OF SHIPMENTS FOR THE UNITED STATES ON GOVERNMENT BILLS OF LADING.'

"2. THAT EACH COMMERCIAL EXPRESS RECEIPT AND ALL COPIES THEREOF, PRIOR TO OR AT THE TIME OF TENDER OF THE SHIPMENTS TO THE CARRIER, WILL BE SEPARATELY STAMPED OR IMPRINTED WITH THE LEGEND:

"SUBJECT TO ALL THE TERMS AND CONDITIONS OF THE UNITED STATES GOVERNMENT BILL OF LADING STANDARD FORM NO. 1103.'

"3. THAT THE CARRIER'S BILLS FOR CHARGES WILL BE SUBMITTED ON STANDARD FORM NO. 1113, PUBLIC VOUCHER FOR TRANSPORTATION CHARGES, SUPPORTED BY THE ORIGINAL COMMERCIAL EXPRESS RECEIPTS AND A SHOWING OF THE RECEIPT OF THE SHIPMENTS BY THE CONSIGNEE.'

YOU SEEK RELIEF IN YOUR LETTER OF JUNE 13, 1961, FROM CONDITION 2BECAUSE YOU DO NOT BELIEVE IT POSSIBLE FOR THE PUBLIC HEALTH SERVICE TO SUPERVISE COMPLIANCE WITH THIS REQUIREMENT BY THE PRIVATE FOOD SERVING ESTABLISHMENTS OR THE RAILWAY EXPRESS TRUCK DRIVERS. AS AN ALTERNATE, YOU SUGGEST A PROCEDURE WHEREBY THE DIVISION OF RADIOLOGICAL HEALTH WOULD ACCEPT THE RESPONSIBILITY TO STAMP--- IN A CONSPICUOUS MANNER AND IN LARGE PRINT--- EACH SHIPPING CONTAINER WITH THE ANNOTATION "U.S. GOVERNMENT SHIPMENT SUBJECT TO ALL TERMS AND CONDITIONS OF U.S. GOVERNMENT BILL OF LADING STANDARD FORM NO. 1103," BEFORE FORWARDING TO THE FOOD-SERVING INSTITUTIONS FOR THEIR USE IN SHIPPING THE FOOD ITEMS TO THE LABORATORY FOR TESTING.

WE FEEL THAT YOUR PROPOSAL AFFORDS A REASONABLE SOLUTION TO THE PROBLEM AND AT THE SAME TIME ADEQUATE PROTECTION OF THE GOVERNMENT'S INTERESTS WILL BE MAINTAINED SINCE ALL PARTIES WILL BE PUT ON NOTICE OF THE NATURE AND TERMS OF SHIPMENT AT TIME OF TENDER AND THE CARRIER WILL HAVE, BY ADVANCE WRITTEN AGREEMENT, SUBJECTED ITSELF TO PERFORMANCE OF THE TRANSPORTATION SERVICE UNDER THE TERMS AND CONDITIONS SET FORTH IN THE STANDARD FORM OF THE U.S. GOVERNMENT BILL OF LADING. ACCORDINGLY, WE APPROVE THE USE OF YOUR SUGGESTED ALTERNATE PROCEDURE. CONDITION 2 SET FORTH IN OUR LETTER OF APRIL 17, 1961, IS THEREFORE CANCELED AND WITHDRAWN, AND APPROPRIATE LANGUAGE WILL BE ADDED TO CONDITION 1 TO REFLECT YOUR PROPOSAL TO MARK THE CONTAINERS USED. THUS THE AUTHORIZATION TO USE COMMERCIAL EXPRESS RECEIPTS IS NOW SUBJECT TO THE FOLLOWING TWO CONDITIONS:

1. THAT THE WRITTEN AGREEMENT WITH RAILWAY EXPRESS AGENCY CONTAIN THE FOLLOWING PROVISION:

"THE SHIPMENTS COVERED BY THIS AGREEMENT CONSIST OF PROPERTY OF THE UNITED STATES AND ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STANDARD FORM OF THE UNITED STATES GOVERNMENT BILL OF LADING AND ANY OTHER APPLICABLE CONTRACT OR AGREEMENT OF THE CARRIER FOR THE TRANSPORTATION OF SHIPMENTS FOR THE UNITED STATES ON GOVERNMENT BILLS OF LADING. EACH SHIPPING CONTAINER USED WILL BE MARKED BY THE PUBLIC HEALTH SERVICE OR ITS AGENTS BY A RUBBER STAMP IMPRESSION OR OTHER APPROPRIATE MEANS "U.S. GOVERNMENT SHIPMENT SUBJECT TO ALL TERMS AND CONDITIONS OF U.S. GOVERNMENT BILL OF LADING STANDARD FORM NO. 1103.'"

2. THAT THE CARRIER'S BILLS OF CHARGES WILL BE SUBMITTED ON STANDARD FORM NO. 1113, PUBLIC VOUCHER FOR TRANSPORTATION CHARGES, SUPPORTED BY THE ORIGINAL COMMERCIAL EXPRESS RECEIPTS AND A SHOWING OF THE RECEIPT OF THE SHIPMENTS BY THE CONSIGNEE.

AS PREVIOUSLY INDICATED, IT IS NOT ESSENTIAL FOR OUR PURPOSES THAT A GOVERNMENT BILL OF LADING BE ISSUED AT THE END OF EACH MONTH TO COVER THE EXPRESS RECEIPTS INVOLVED, ALTHOUGH IT MAY BE FOUND USEFUL IN MAINTAINING ADMINISTRATIVE CONTROLS.