Page:United States Statutes at Large Volume 75.djvu/82

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PUBLIC LAW 87-19-APR. 7, 1961

[75

ST AT,

Public Law 87-19 April 7, 1961 [H. R. 3980]

Food Additives Transitional Provisions Amendment of 1961. 21 USC 342 note.

21 USC 348.

Termination power.

N e m at o c i d e s, p l a n t regulators, etc. 7 USC 135 note.

68 Stat. 511. 21 USC 346a.

AN ACT To amend the transitional provisions of the Act approved September 6, 1958, entitled "An Act to protect the public health by amending the Federal Food, Drug, and Cosmetic Act to prohibit the iise in food of additives which have not been adequatelj* tested to establish their safety", and for other purposes. Be it enacted by the Senate and HoiLse of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "'Food Additives Transitional Provisions Amendment of 1961-'. SEC. 2. Subsection (c) of section 6 of the Food xA.dditives Amendment of 1958 (Public Law 85-929, 72 Stat. 1784, 1788) is amended by inserting in such subsection, at the end thereof, the following: "Whenever the Secretary has, pursuant to clause (1)(B) of this subsection, extended the effective date of section 3 of this Act to March 5, 1961, or has on that date a request for such extension pending before him, with respect to any such particular use of a food additive, he may, notwithstanding the parenthetical time limitation in that clause, further extend such effective date, not beyond June 80, 1964, under the authority of that clause (but subject to clause (2)) with respect to such use of the additive (or a more limited specified use or uses thereof) if, in addition to making the findings required by clause (1) (B), he finds (i) that bona fide action to determine the applicability of such section 409 to such use or uses, or to develop the scientific data necessary for action under such section, was commenced by an interested person before March 6, 1960, and was thereafter pursued with reasonable diligence, and (ii) that in the Secretary's judgment such extension is consistent with the objective of carrying to completion in good faith, as soon as reasonably practicable, the scientific investigations necessary as a basis for action under such section 409. The Secretary may at any time terminate an extension so granted if he finds that it should not have been granted, or that by reason of a change in circumstances the basis for such extension 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 extension." SEC. 3. Paragraph (b) of section 3 of the Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959 (Public Law 86-139, 73 Stat. 286, 288) is amended by inserting in such paragraph, a^ the end thereof, the following: "Whenever the Secretary of Health, Education, and Welfare has, pursuant to clause (1) of this paragraph (b), prescribed an additional period expiring on March 5, 1961, or has on that date a request for such extension pending before him, with respect to any such particular use of a nematocide, plant regulator, defoliant, or desiccant, he may, notwithstanding the provision to the contrary in such clause (1), further extend the expiration date, not beyond June 30, 1964, applicable under such clause (1) (but subject to clause C2)) with respect to such use of such substance (or a more limited specified use or uses thereof), if, in addition to making the findings required by clause (1), he finds (A) that bona fide action to determine the applicability of such section 408 to such use or uses, or to develop the scientific data necessary for action under such section, was commenced by an interested person before March 6, 1960, and was thereafter pursued with reasonable diligence, and (B) that in the Secretary's judgment such extension is consistent with the objective of carrying to completion in good faith, as soon as reasonably practicable, the scientific investigations necessary as a basis for

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