Page:United States Statutes at Large Volume 68 Part 1.djvu/548

 516

Ten^orary tolerancest 7 USC 135 note.

R e gul a ti ons p r i o r to Jan. 1, 1953. 21 USC 346, 3 7 1.

Authority of Secretary of Agriculture. 7 USC 135 note.

Hearing.

Time limitation.

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

[68

ST AT.

stay of an order. The courts shall advance on the docket and expedite the disposition of all causes filed therein pursuant to this section. "(j) The Secretary may, upon the request of any person who has obtained an experimental permit for a pesticide chemical under the Federal Insecticide, Fungicide, and Rodenticide Act or upon his own initiative, establish a temporary tolerance for the pesticide chemical for the uses covered by the permit whenever in his judgment such action is deemed necessary to protect the public health, or may temporarily exempt such pesticide chemical from a tolerance. I n establishing such a tolerance, the Secretary shall give due regard to the necessity for experimental work in developing an adequate, wholesome, and economical food supply and to the limited hazard to the public health involved in such work when conducted in accordance with applicable regulations under the Federal Insecticide, Fungicide, and Rodenticide Act. " (k) Regulations affecting pesticide chemicals in or on raw agricultural commodities which are promulgated under the authority of section 406(a) upon the basis of public hearings instituted before January 1, 1953, in accordance with section 701(e), shall be deemed to be regulations under this section and shall be subject to amendment or repeal as provided in subsection (m). "(1) The Secretary of Agriculture, upon request of 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, and whose request is accompanied by a copy of a petition filed by such person under subsection (d)(1) with respect to a pesticide chemical which constitutes, or is an ingredient of, such economic poison, shall, within thirty days or within sixty days if upon notice prior to the termination of such thirty days the Secretary deems it necessary to postpone action for such period, on the basis of data before him, either— "(1) certify to the Secretary of Health, Education, and Welfare that such pesticide chemical is useful for the purpose for which a tolerance or exemption is sought; or "(2) notify the person recjuesting the certification of his proposal to certify that the pesticide chemical does not appear to be useful for the purpose for which a tolerance or exemption is sought, or appears to be useful for only some of the purposes for which a tolerance or exemption is sought. In the event that the Secretary of Agriculture takes the action described in clause (2) of the preceding sentence, the person reauesting the certification, within one week after receiving the proposed certification, may either (A) request the Secretary of Agriculture to certify to the Secretary of Health, Education, and Welfare on the basis of the proposed certincation; (B) request a hearing on the proposed certification or the parts thereof objected to; or (C) request both such certification and such hearing. If no such action is taken, the Secretary may by order make the certification as proposed. In the event that the action described in clause (A) or (C) is taken, the Secretary shall by order make the certification as proposed with respect to such parts thereof as are requested. I t the event a hearing is requested, the Secretary of Agriculture shall provide opportunity for a prompt hearing. The certification of the Secretary of Agriculture as the result of such hearing shall be made by order and shall be based only on substantial evidence of record at the hearing and shall set forth detailed findings of fact. In no event shall the time elapsing between the making of a request for a certification under this subsection and

�