Page:United States Statutes at Large Volume 74.djvu/437

 74 S T A T. ]

PUBLIC LAW 86-618-JULY 12, 1960

397

Public Law 86-618 AN ACT To protect the public health by amending the Federal Food, Drug, and Cosmetic Act so as to authorize the use of suitable color additives in or on foods, drugs, and cosmetics, in accordance with regulations prescribing the conditions (including maximum tolerances) under which such additives may be safely used.

July 12, 1960 ^^' ^'^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ASenVmtnTs of be cited as the "Color Additive Amendments of 1960". iseo. TITLE I—AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT DEFINITIONS

SBO. 101. Section 201, as amended, of the Federal Food, Drug, and Cosmetic Act is further amended as follows: 72^stat?*i784.'*°' (a) Paragraph (s) of such section (defining the term "food addi- 21 USC 321. * tive") is amended by redesignating clause (3) as clause (4), and by inserting immediately before clause (4), as so redesignated, the following new clause: "(3) a color additive; or". (b) Paragraph (t) of such section is redesignated and otherwise amended to read as follows: "(u) The term 'safe', as used in paragraph (s) of this section and in sections 409 and 706, has reference to the health of man or animal." (c) There is inserted, immediately after paragraph (s) of such section, the following new paragraph: "(t)(1) The term 'color additive' means a material which— "(A) is a dye, pigment^ or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source, and "(B) when added or applied to a food, drug, or cosmetic, or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which the Secretary, by regulation, determines is used (or intended to be used) solely for a purpose or purposes other than coloring. "(2) The term 'color' includes black, white, and intermediate grays. "(3) Nothing in subparagraph (1) of this paragraph shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether before or after harvest." COLORS OR COLORED ARTICLES W H E N DEEMED TO BE ADULTERATED OR MISBRANDED FOODS, DRUGS, OR COSMETICS

Food SEC. 102. (a)(1) Clause (2)(A) of section 402(a), as amended, H^^i^'3^^l°' of such Act (relating to food deemed adulterated by reason of unsafe additives) is further amended by striking out the matter within the parentheses and inserting in lieu thereof the following: "other than

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