Page:United States Statutes at Large Volume 74.djvu/445

 74

STAT.]

PUBLIC LAW 86-618-JULY 12, 1960

405

(b) Subject to the other provisions of this section— (1) any color additive which, on the day preceding the enactment date, was listed and certifiable for any use or uses under section 406(b), 504, or 604, or under the third proviso of section ^^ 2 st|U. ^^049. ^s ^ 402(c), of the basic Act, and of which a batch or batches had 21 USC 346,354, been certified for such use or uses prior to the enactment date, and '*"*• ^^^' (2) any color additive which was commercially used or sold prior to the enactment date for any use or uses in or on any food, drug, or cosmetic, and which either, (A), on the day preceding the enactment date, was not a material within the purview of any of the provisions of the basic Act enumerated in paragraph (1) of this subsection, or (B) is the color additive known as synthetic beta-carotene, shall, beginning on the enactment date, be deemed to be provisionally listed under this section as a color additive for such use or uses. (c) Upon request of any person, the Secretary, by regulations issued under subsection (d), shall without delay, if on the basis of the data before him he deems such action consistent with the protection of the public health, provisionally.list a material as a color additive for any use for which it was listed, and for which a batch or batches of such material had been certified, under section 406(b), 504, or 604 of the basic Act prior to the enactment date, although such color was no longer listed and certifiable for such use under such sections on the day preceding the enactment date. Such provisional listing shall take effect on the date of publication. (d)(1) The Secretary shall, by regulations issued or amended from time to time under this section— (A) insofar as practicable promulgate and keep current a list or lists of the color additives, and'of the particular uses thereof, which he finds are deemed provisionally listed under subsection (b), and the presence of a color additive on such a list with respect to a particular use shall, in any proceeding under the basic Act, be conclusive evidence that such provisional listing is in effect; (B) provide for the provisional listing of the color additives and particular uses thereof specified in subsection (c); (C^ provide, with respect to particular uses for which color additives are or are deemed to be provisionally listed, such temporary tolerance limitations (including such limitations at zero level) and other conditions of use and labeling or packaging requirements, if any, as in his judgment are necessary to protect the public health pending listing under section 706 of the basic 21 us^c s'vl.*' Act; (D) provide for the certification of batches of such color additives (with or without diluents) for the uses for which they are so listed or deemed to be listed under this section, except that such an additive which is a color additive deemed provisionally listed under subsection (b)(2) of this section shall be deemed exempt from the requirement of such certification while not subject to a tolerance limitation; and (E) provide for the termination of a provisional listing (or deemed provisional listing) of a color additive or particular use thereof fortliwith whenever in his judgment such action is necessary to protect the public health. (2)(A) Except as provided in subparagraph (C) of this paragraph, regulations under this section shall, from time to time, be issued, amended, or repealed by the Secretary without regard to the requirements of the basic Act, but for the purposes of the application of section 706(e) of the basic Act (relating to fees) and of determining the availability of appropriations of fees (and of advance deposits

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