Изображения страниц
PDF
EPUB

ances.

stay of an order. The courts shall advance on the docket and expedite the disposition of all causes filed therein pursuant to this section. Temporary toler-"(j) The Secretary may, upon the request of any person who has obtained an experimental permit for a pesticide chemical under the 7 USC 135 note. Federal Insecticide, Fungicide, and Rodenticide Act or upon his own initiative, establish a temporary tolerance for the pesticide chemical for the uses covered by the permit whenever in his judgment such action is deemed necessary to protect the public health, or may temporarily exempt such pesticide chemical from a tolerance. In establishing such a tolerance, the Secretary shall give due regard to the necessity for experimental work in developing an adequate, wholesome, and economical food supply and to the limited hazard to the public health involved in such work when conducted in accordance with applicable regulations under the Federal Insecticide, Fungicide, and Rodenticide Act.

Regulations prior to

Jan. 1, 1953.

"(k) Regulations affecting pesticide chemicals in or on raw agricultural commodities which are promulgated under the authority of section 406 (a) upon the basis of public hearings instituted before 21 USC 346, 371 January 1, 1953, in accordance with section 701 (e), shall be deemed to be regulations under this section and shall be subject to amendment or repeal as provided in subsection (m).

Authority of
Seoretary of
Agriculture.
7 USC 135 note.

Hearing.

68 Stat. 516. 68 Stat. 517.

time limitation.

Opinion.

"(1) The Secretary of Agriculture, upon request of any person who has registered, or who has submitted an application for the registration of, an economic poison under the Federal Insecticide, Fungicide, and Rodenticide Act, and whose request is accompanied by a copy of a petition filed by such person under subsection (d) (1) with respect to a pesticide chemical which constitutes, or is an ingredient of, such economic poison, shall, within thirty days or within sixty days if upon notice prior to the termination of such thirty days the Secretary deems it necessary to postpone action for such period, on the basis of data before him, either

"(1) certify to the Secretary of Health, Education, and Welfare that such pesticide chemical is useful for the purpose for which a tolerance or exemption is sought; or

"(2) notify the person requesting the certification of his proposal to certify that the pesticide chemical does not appear to be useful for the purpose for which a tolerance or exemption is sought, or appears to be useful for only some of the purposes for which a tolerance or exemption is sought.

In the event that the Secretary of Agriculture takes the action described in clause (2) of the preceding sentence, the person requesting the certification, within one week after receiving the proposed certification, may either (A) request the Secretary of Agriculture to certify to the Secretary of Health, Education, and Welfare on the basis of the proposed certification; (B) request a hearing on the proposed certification or the parts thereof objected to; or (C) request both such certification and such hearing. If no such action is taken, the Secretary may by order make the certification as proposed. In the event that the action described in clause (A) or (Ć) is taken, the Secretary shall by order make the certification as proposed with respect to such parts thereof as are requested. It the event a hearing is requested, the Secretary of Agriculture shall provide opportunity for a prompt hearing. The certification of the Secretary of Agriculture as the result of such hearing shall be made by order and shall be based only on substantial evidence of record at the hearing and shall set forth detailed findings of fact. In no event shall the time elapsing between the making of a request for a certification under this subsection and final certification by the Secretary of Agriculture exceed one hundred and sixty days. The Secretary shall submit to the Secretary of Health,

All 68 Stat. 517. 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 Regulations, eto. 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 pre- HEW prooedure scribe by regulations the procedure by which regulations under this for regulation section may be amended or repealed, and such procedure shall con- amendment. form 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, Guaranties. and Cosmetic Act with respect to the furnishing of guaranties shall be 21 USC 333. applicable to raw agricultural commodities covered by this section.

(o) The Secretary of Health, Education, and Welfare shall by Payment of regulation require the payment of such fees as will in the aggregate, fees. 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's 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 pro-Waiver or vide for waiver or refund of fees in whole or in part when in the refund. 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 Appropriation. 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, Effective except that with respect to pesticide chemicals for which tolerances or dates. exemptions have not been established under section 408 of the Federal Ante, p. Food, Drug, and Cosmetic Act, the amendment to section 402 (a) 21 USC 342. 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.

[ocr errors]

Chapter 562 - 2d Session
S. 1276

AN ACT

To amend the Bankhead-Jones Farm Tenant Act, as amended, so as to provide for a variable interest rate, second mortgage security for loans under title I, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bankhead- Bankhead-Jones Jones Farm Tenant Act, as amended (7 U. S. C. 1001), is further Farm Tenant Act, amended as follows:

amendments.

50 Stat. 522.

7 USC 1000.
Loan terms.

(a) The words "less any prior lien indebtedness" shall be added at the end of and as.a part of the parenthetical phrase of section 3 (a) (7 U. S. C. 1003 (a)),and the words "or second" shall be inserted after the word "first" where it appears in the first sentence of section 3 (a). (b) The words "a rate of interest not in excess of 5 per centum per Interest rates, annum as determined by the Secretary" shall be inserted in lieu of the Direct loans. words "the rate of 4 per centum per annum" in section 3 (b) (2) (7

U. S. C. 1003 (b) (2)).

62 Stat. 534.

(c) The words "shall not be in excess of 4 per centum per annum as Mortgage indetermined by the Secretary" shall be inserted in lieu of the words surance. "shall be 3 per centum per annum" in section 12 (c) (4) (7 U. S. C. 1005b (c) (4)).

62 Stat. 534.

(d) The words "pursuant to section 43" shall be deleted from sec- 7 USC 1017. tion 46 (7 U. S. C. 1020).

(e) Section 51 of said Act (7 U. S. C. 1025) is amended to read as Loan protection, follows, except insofar as said section affects title III of the Bankhead-eto. Jones Farm Tenant Act, as amended:

"The Secretary is authorized and empowered to make advances to 68 Stat. 525. preserve and protect the security for, or the lien or priority of the lien 63 Stat. 526. securing, any loan or other indebtedness owing to or acquired by the Secretary under this Act, the Act of August 14, 1946, the Act of April 60 Stat. 1062.

12 USC 1148a-1 to

- 6, 1949, the Act of August 28, 1937, or the item 'Loans to Farmers, 7 USC 1001 note. 1948, Flood Damage' in the Act of June 25, 1948, as those Acts are 63 Stat. 43; 50 heretofore or hereafter amended or extended; to bid for and purchase Stat. 881. at any foreclosure or other sale or otherwise acquire property pledged, 1148a-33 7 USC mortgaged, conveyed, attached, or levied upon to secure the payment 343f, 343g. of any such indebtedness; to accept title to any property so purchased 62 Stat. 1038. or acquired; to operate for a period not in excess of one year from the date of acquisition, or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of section 43 of this Act."

Approved July 22, 1954.

7 USC 1017.

[ocr errors]

Chapter 580

2d Session

All 68 Stat. 563.

[blocks in formation]

S. 2583

AN ACT

To indemnify against loss all persons whose swine were destroyed in July 1952 as a result of having been infected with or exposed to the contagious disease vesicular exanthema.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized and directed to indemnify in an amount equal to 50 per centum of their loss, but not exceeding the indemnity paid by the State, all persons whose swine were destroyed under authority of law in July 1952 as a result of having been infected with or exposed to the contagious disease vesicular exanthema.

SEC. 2. The payment of indemnities under the provisions of this Act shall be limited, in the absence of Federal appraisal, to those losses where required proof of such losses has been made to the State and 50 per centum of said loss has been paid by such State.

SEC. 3. Payments made pursuant to the provisions of this Act shall be made from funds currently available to the Department of Agriculture.

Approved July 27, 1954.

All 68 Stat. 717.

trol.

oooperation. 52 Stat. 344.

[blocks in formation]

To amend the Act of April 6, 1937, as amended, to include cooperation with the Governments of Canada or Mexico or local Canadian or Mexican authorities for the control of incipient or emergency outbreaks of insect pests or plant diseases.

Be it enacted by the Senate and House of Representatives of the Insect pest con- United States of America in Congress assembled, That section 1 of the Act of April 6, 1937, as amended (7 U. S. C. 148), is further Canadian-Mexican amended by adding at the end thereof the following: "The Secretary of Agriculture is further authorized to cooperate with the Governments of Canada or Mexico or local Canadian or Mexican authorities in carrying out in such countries necessary operations or measures to control incipient or emergency outbreaks of insect pests or plant diseases, when such operations or measures are necessary to protect the agriculture of the United States. In performing the operations or measures authorized under this Act, the cooperating foreign country, State, or local agency shall be responsible for the authority necessary to carry out the operations or measures on all lands and properties within the foreign country or State other than those owned or controlled by the Federal Government and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary."

Approved August 13, 1954.

Chapter 591 - 2d Session
S. 2367

AN ACT

To amend the Act of June 29, 1935 (the Bankhead-Jones Act), as amended, to strengthen the conduct of research of the Department of Agriculture.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 68 Stat. 574. 29, 1935 (the Bankhead-Jones Act), as amended (7 U.S. C. 427-427]), 68 Stat. 575. is amended by adding at the end of section 10 thereof the following:

60 Stat. 1085.

"(e) Appropriations for research work in the Department of Agri- 7 USC 4271. culture shall be available for accomplishing such purposes by contract through the means provided in subsection (a) hereof." Approved July 28, 1954.

« ПредыдущаяПродолжить »