Page:United States Statutes at Large Volume 68 Part 1.djvu/549

 68 S T A T. ]

517

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

final certification by the Secretary of Agriculture exceed one hundred and sixty days. The Secretary shall submit to the Secretary of Health, Education, and Welfare with any certification of usefulness under this subsection an opinion, based on the data before him, whether the tolerance or exemption proposed by the petitioner reasonably reflects the amount of residue likely to result when the pesticide chemical is used in the manner proposed for the purpose for which the certification is made. The Secretary of Agriculture, after due notice and opportunity for public hearing, is authorized to promulgate rules and regulations for carrying out the provisions of this subsection. " (m) The Secretary of Health, Education, and Welfare shall prescribe by regulations the procedure by which regulations under this section may be amended or repealed, and such procedure shall conform to the procedure provided in this section for the promulgation of regulations establishing tolerances, including the appointment of advisory committees and the procedure for referring petitions to such committees. " (n) The provisions of section 303(c) of the Federal Food, Drug, and Cosmetic Act with respect to the furnishing of guaranties shall be applicable to raw agricultural commodities covered by this section. "(o) The Secretary of Health, Education, and Welfare shall by regulation require the payment of such fees as will in the aggregate, in the judgment of the Secretary, be sufficient over a reasonable term to provide, equip, and maintain an adequate service for the performance of the Secretary's functions under this section. Under such regulations, the performance of the Secretary'services or other functions pursuant to this section, including any one or more of the following, may be conditioned upon the payment of such fees: (1) The acceptance of filing of a petition submitted under subsection (d); (2) the promulgation of a regulation establishing a tolerance, or an exemption from the necessity of a tolerance, under this section, or the amendment or repeal of such a regulation; (3) the referral of a petition or proposal under this section to an advisory committee; (4) the acceptance for filing of objections under subsection (d)(5); or (5) the certification and filing in court of a transcript of the proceedings and the record under subsection (i)(2). Such regulations may further provide for waiver or refund of fees in whole or in part when in the judgment of the Secretary such waiver or refund is equitable and not contrary to the purposes of this subsection." SEC. 4. There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the purpose and administration of this Act. SEC. 5. This Act shall take effect upon the date of its enactment, except that with respect to pesticide chemicals for which tolerances or exemptions have not been established under section 408 of the Federal Food, Drug, and Cosmetic Act, the amendment to section 402(a) of such Act made by section 2 of this Act shall not be effective— (1) for the period of one year following the date of the enactment of this Act; or (2) for such additional period following such period of one year, but not extending beyond two years after the date of the enactment of this Act, as the Secretary of Health, Education, and Welfare may prescribe on the basis of a finding that conditions exist which necessitate the prescribing of such additional period. Approved July 22, 1954.

Opinion.

Regulations, e t c.

HEW procedure for r e g u l a t i o n amendment.

Guaranties. 21 USC 3 3 3.

Payment of f e e s.

Waiver or refund.

Appropriation.

Effective dates. Ante. p. 5 1 1. 21 USC 3 4 2.

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