Page:United States Statutes at Large Volume 74.djvu/444

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PUBLIC LAW 86-618-JULY 12, 1960

[74 S T A T.

"color", wherever it appears in such clause, the word "additive"; and (c) striking out "harmless coloring" in section 402(d) (relating to nonnutritive substances in confectionery) and inserting in lieu thereof "authorized coloring".

TITLE II—EFFECTIVE DATE, TBANSITIONAL PROVISIONS, AND EFFECT ON OTHER LAWS DEFINITIONS

li vie 301.°'

SEC. 201. As used in this title, the tqrm "basic Act" means the Federal Food, Drug, and Cosmetic Act; the term "enactment date" means the date of enactment of this Act; and other terms, insofar as also used in the basic Act (whether before or after enactment of this Act) shall have the same meaning as they have, or had when in effect, under the basic Act. EFFECTIVE DATE

SEC. 202. This Act shall, subject to the provisions of section 203, take effect on the enactment date. PROVISIONAL LISTINGS OF COMMERCIALLY ESTABLISHED COLORS

21 USC 3^76.^"

SEC. 203. (a)(1) The purpose of this section is to make possible, on an interim basis for a reasonable period, through provisional listings, the use of commercially established color additives to the extent consistent with the public health, pending the completion of the scientific investigations needed as a basis for m ^ i n g determinations as to listing of such additives under the basic Act as amended by this Act. A provisional listing (including a deemed provisional listing) of a color additive under this section for any use shall, unless sooner terminated or expiring under the provisions of this section, expire (A) on the closing date (as defined in paragraph (2) of this subsection) or (B) on the effective date of a listing of such additive for such use under ^section 706 of the basic Act, whichever date first occurs. (2) For the purposes of this section, the term "closing date" means (A) the last day of the two and one-half year period beginning on the enactment date or (B), with respect to a particular provisional listing (or deemed provisional listing) of a color additive or use thereof, such later closing date as the Secretary may from time to time establish pursuant to the authority of this paragraph. The Secretary may by regulation, upon application of an interested person or on his own initiative, from time to time postpone the original closing date with respect to a provisional listing (or deemed provisional listing) under this section of a specified color additive, or of a specified use or uses of such additive, for such period or periods as he finds necessary to carry out the purpose of this section, if in the Secretary's judgment such action is consistent with the objective of carrying to completion in good faith, as soon as reasonably practicable, the scientific investigations necessary for making a determination as to listing such additive, or such specified use or uses thereof, under section 706 of the basic Act. The Secretary may terminate a postponement of the closing date at any time if he finds that such postponement should not have been granted, or that by reason of a cnange in circumstances the basis for such postponement no longer exists, or that there has been a failure to comply with a requirement for submission of progress reports or with other conditions attached to such postponement.

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