Page:United States Statutes at Large Volume 68 Part 1.djvu/544

 512

Exemptions.

P r o c e dure pursuant to petition. 7 USC 135 note.

Petition data.

Notice.

Regulation.

Exception.

PUBLIC LAW 5 1 8 - J U L Y 22, 1954

[68

STAT.

necessity for the production of an adequate, wholesome, and economical food supply; (2) to the other ways in which the consumer may be affected by the same pesticide chemical or by other related substances that are poisonous or deleterious; and (3) to the opinion of the Secretary of Agriculture as submitted with a certification of usefulness under subsection (1) of this section. Such regulations shall be promulgated in the manner prescribed in subsection (d) or (e) of this section. I n carrying out the provisions of this section relating to the establishment of tolerances, the Secretary may establish the tolerance applicable with respect to the use of any pesticide chemical in or on any raw agricultural commodity at zero level if the scientific data before the Secretary does not justify the establishment of a greater tolerance. "(c) The Secretary shall promulgate regulations exempting any pesticide chemical from the necessity of a tolerance with respect to use in or on any or all raw agricultural commodities w hen such a tolerance is not necessary to protect the public health. Such regulations shall be promulgated in the manner prescribed in subsection (d) or (e) of this section. " (d)(1) Any person who has registered, or who has submitted an application for the registration of, an economic poison under the Federal Insecticide, Fungicide, and Rodenticide Act may file with the Secretary of Health, Education, and Welfare, a petition proposing the issuance of a regulation establishing a tolerance for a pesticide chemical which constitutes, or is an ingredient of, such economic poison, or exempting the pesticide chemical from the requirement of a tolerance. The petition shall contain data showing— " (A) the name, chemical identity, and composition of the pesticide chemical; " (B) the amount, frequency, and time of application of the pesticide chemical; " (C) full reports of investigations made with respect to the safety of the pesticide chemical; " (D) the results of tests on the amount of residue remaining, including a description of the analytical methods used; " (E) practicable methods for removing residue which exceeds any proposed tolerance; " (F) proposed tolerances for the pesticide chemical if tolerances are proposed; and " (G) reasonable grounds in support of the petition. Samples of the pesticide chemical shall be furnished to the Secretary upon request. Notice of the filing of such petition shall be published in general terms by the Secretary within thirty days after filing. Such notice shall include the analytical methods available for the determination of the residue of the pesticide chemical for which a tolerance or exemption is proposed. "(2) Within ninety days after a certification of usefulness by the Secretary of Agriculture under subsection (1) with respect to the pesticide chemical named in the petition, the Secretary of Health, Education, and Welfare shall, after giving due consideration to the data submitted in the petition or otherwise before him, by order make public a regulation— " (A) establishing a tolerance for the pesticide chemical named in the petition for the purposes for which it is so certified as useful, or " (B) exempting the pesticide chemical from the necessity of a tolerance for such purposes, unless within such ninety-day period the person filing the petition requests that the petition be referred to an advisory committee or the

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