Page:United States Statutes at Large Volume 68 Part 1.djvu/543

 68 S T A T. ]

Public Law 518

511

P U B L I C LAW 5 1 8 - J U L Y 22, 1954

CHAPTER 559

AN ACT To amend the Federal Food, Drug, and Cosmetic Act with respect to residues of pesticide chemicals in or on raw agricultural commodities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 201 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end thereof the following new paragraphs: "(q) The term 'pesticide chemical' means any substance which, alone, in chemical combination or in formulation with one or more other substances, is an 'economic poison' within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. sees. 135-135k) as now in force or as hereafter amended, and which is used in the production, storage, or transportation of raw agricultural commodities. " (r) The term 'raw agricultural commodity' means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing." SEC. 2. Clause (2) of section 402(a) of the Federal Food, Drug, and Cosmetic Act is amended to read as follows: "(2) if it bears or contains any added poisonous or added deleterious substance, except a pesticide chemical in or on a raw agricultural commodity, which is unsafe within the meaning of section 406, or if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a); ". SEC. 3. Chapter IV of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end thereof the following new section:

July 22, 1954 [H. R. 7125]

Pesticide chemical residues. 52 Stat. 1041. 21 USC 321. Definitions.

61 Stat. 1 63.

Adulterated food. 21 USC 342.

21 USC 346.

"TOLERANCES FOR PESTICIDE CHEMICALS I N OR O N RAW AGRICULTURAL COMMODITIES

"SEC. 408. (a) Any poisonous or deleterious pesticide chemical, or any pesticide chemical which is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals, as safe for use, added to a raw agricultural commodity, shall be deemed unsafe for the purposes of the application of clause (2) of section 402(a) unless— 21 USC 342. "(1) a tolerance for such pesticide chemical in or on the raw agricultural commodity has been prescribed by the Secretary of Health, Education, and Welfare under this section and the quantity of such pesticide chemical in or on the raw agricultural commodity is within the limits of the tolerance so prescribed; or "(2) with respect to use in or on such raw agricultural commodity, the pesticide chemical has been exempted from the requirement of a tolerance by the Secretary under this section. While a tolerance or exemption from tolerance is in effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any added amount of such pesticide chemical, be considered to be adulterated within the meaning of clause (1) of section 402(a). "(b) The Secretary shall promulgate regulations establishing toler- E stabllshment ances with respect to the use in or on raw agricultural commodities of tolerances. of poisonous or deleterious pesticide chemicals and of pesticide chemicals which are not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals, as safe for use, to the extent necessary to protect the public health. I n establishing any such regulation, the Secretary shall give appropriate consideration, among other relevant factors, (1) to the

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