74 STAT. 406. to cover fees), proceedings, regulations, and certifications under this section shall be deemed to be proceedings, regulations, and certifications under such section 706. Regulations providing for fees (and advance deposits to cover fees), which on the day preceding the enactment date were in effect pursuant to section 706 of the basic Act, shall be deemed to be regulations under such section 706 as amended by this Act, and appropriations of fees (and advance deposits) available for the purposes specified in such section 706 as in effect prior to the enactment date shall be available for the purposes specified in such section 706 as so amended. (B) If the Secretary, by regulation (i) has terminated a provisional listing (or deemed provisional listing) of a color additive or particular use thereof pursuant to paragraph (1) (E) of this subsection; or (ii) has, pursuant to paragraph (1)(C) or paragraph (3) of this subsection, initially established or rendered more restrictive a tolerance limitation or other restriction or requirement with respect to a provisional listing (or deemed provisional listing) which listing had become effective prior to such action, any person adversely affected by such action may, prior to the expiration of the period specified in clause (A) of subsection (a)(2) of this section, file with the Secretary a petition for amendment of such regulation so as to revoke or modify such action of the Secretary, but the filing of such petition shall not operate to stay or suspend the effectiveness of such action. Such petition shall, in accordance with regulations, set forth the proposed amendment and shall contain data (or refer to data which are before the Secretary or of which he will take official notice), which show that the revocation or modification proposed is consistent with the protection of the public health. The Secretary shall, after publishing such proposal and affording all interested persons an opportunity to present their views thereon orally or in writing, act upon such proposal by published order. (C) Any person adversely affected by an order entered under subparagraph (B) of this paragraph may, within thirty days after its publication, file objections thereto with the Secretary, specifying with particularity the provisions of the order deemed objectionable, stating reasonable grounds for such objections, and requesting a public hearing upon such objections. The Secretary shall hold a public hearing on such objections and shall, on the basis of the evidence adduced at such hearing, act on such objections by published order. Such order may reinstate a terminated provisional listing, or increase or dispense with a previously established temporary tolerance limitation, or make less restrictive any other limitation established by him under paragraph (1) or (3) of this subsection, only if in his judgment the evidence so adduced shows that such action will be consistent with the protection of the public health. An order entered under this subparagraph shall be subject to judicial review in accord52 Stat. 1055. ance with section 701 (f) of the basic Act except that the findings and order of the Secretary shall be sustained only if based upon a fair evaluation of the entire record at such hearing. No stay or suspension of such order shall be ordered by the court pending conclusion of such judicial review. 21 USC 371. (D) On and after the enactment date, regulations, provisional listings, and certifications (or exemptions from certification) in effect under this section shall, for the purpose of determining whether an article is adulterated or misbranded within the meaning of the basic Act by reason of its being, bearing, or containing a color additive, have the same effect as would regulations, listings, and certifications (or exemptions from certification) under section 706 of the basic Act. 74 STAT. 407. A regulation, provisional listing or termination thereof, tolerance limitation, or certification or exemption therefrom, under this section shall not be the basis for any presumption or inference in any proceeding under section 706 (b) or (c) of the basic Act. (3) For the purpose of enabling the Secretary to carry out his functions under paragraphs (1) (A) and (C) of this subsection with respect to color additives deemed provisionally listed, he shall, as soon as practicable after enactment of this Act, afford by public notice a reasonable opportunity to interested persons to submit data relevant thereto. If the data so submitted or otherwise before him do not, in his judgment, establish a reliable basis for including such a color additive or particular use or uses thereof in a list or lists promulgated under paragraph (1)(A), or for determining the prevailing level or levels of use thereof prior to the enactment date with a view to prescribing a temporary tolerance or tolerances for such use or uses under paragraph (1)(C), the Secretary shall establish a temporary tolerance limitation at zero level for such use or uses until such time as he finds that it would not be inconsistent with the protection of the public health to increase or dispense with such temporary tolerance limitation. EFFECT ON MEAT INSPECTION AND POULTRY PRODUCTS INSPECTION ACTS SEC. 204. Nothing in this Act shall be construed to exempt any meat or meat food product, poultry or poultry product, or any person from any requirement imposed by or pursuant to the Meat Inspection Act of March 4, 1907, 34 Stat. 1260, as amended or extended (21 U.S.C. 71 and the following), or the Poultry Products Inspection Act (21 71 Stat. 441. U.S.C. 451 and the following). Approved July 12, 1960. 86th Congress, S. 3450 July 14, 1960 AN ACT 74 STAT. 525. To amend section 22 (relating to the endowment and support of colleges of agriculture and the mechanic arts) of the Act of June 29, 1935, to increase the authorized appropriation for resident teaching grants to land-grant institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 22 of Agriculture and the Act of June 29, 1935, as amended (7 U.S.C. 329), is amended to mechanic arts read as follows: colleges. "SEC. 22. In order to provide for the more complete endowment 49 Stat. 439. and support of the colleges in the several States and Puerto Rico entitled to the benefits of the Act entitled 'An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts,' approved July 2, 1862, as amended and supplemented (7 U.S.C. 301-328), there are 12 Stat. 503. hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, the following amounts: "(a) For the first fiscal year beginning after the date of enactment of this Act, and for each fiscal year thereafter, $7,650,000; and "(b) For the first fiscal year beginning after the date of enactment of this Act, and for each fiscal year thereafter, $4,300,000. "The sums appropriated in pursuance of paragraph (a) shall be paid annually to the several States and Puerto Rico in equal shares. The sums appropriated in pursuance of paragraph (b) shall be in addition to sums appropriated in pursuance of paragraph (a) and shall be allotted and paid annually to each of the several States and Puerto Rico in the proportion to which the total population of each State and Puerto Rico bears to the total population of all the States and Puerto Rico as determined by the last preceding decennial census. Sums appropriated in pursuance of this section shall be in addition to sums appropriated or authorized under such Act of July 2, 1862, as amended and supplemented, and shall be applied only for the purposes of the colleges defined in such Act, as amended and supplemented. The provisions of law applicable to the use and payment of sums under the Act entitled 'An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of an Act of Congress approved July 2, 1862,' approved August 30, 1890, as amended and supple- 26 Stat. 417. mented, shall apply to the use and payment of sums appropriated in 7 USC 321-326, pursuance of this section." Approved July 14, 1960. 328. 86th Congress, S. 3146 AN ACT To authorize the Commodity Credit Corporation to donate dairy products and other agricultural commodities for use in home economics courses. 74 STAT, 899. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That schools receiv- Commodity Credit ing surplus foods pursuant to clause (3) of section 416 of the Agri- Corp. 49 Stat. 774. cultural Act of 1949 (7 U.S.C. 1431) or section 32 of the Act of Dairy products. August 24, 1935, as amended (7 U.S.C. 612c) are authorized to use such 68 Stat. 458. foods in training students in home economics. Approved September 13, 1960. Public Law 86-783 AN ACT 74 STAT. 1021. To amend title V of the Agricultural Act of 1949, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 509 of 72 Stat. 934. the Agricultural Act of 1949, as amended, is amended by striking 7 USC 1461 "June 30, 1961" and inserting "December 31, 1961." Approved September 14, 1960. note. 86th Congress, S. 2917 AN ACT To establish a price support level for milk and butterfat. 74 STAT. 1054. Be it enacted by the Senate and House of Representatives of the 68 Stat. 899. United States of America in Congress assembled, That subsection (c) Milk and butterof section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446), as fat. amended, is further amended by adding the following new sentence Price support. to be inserted immediately after the first sentence: "Notwithstanding the foregoing provisions, for the period beginning with the enactment of this sentence and ending March 31, 1961, the price of milk for manufacturing purposes and the price of butterfat shall be supported at not less than $3.22 per hundredweight and 59.6 cents per pound, respectively." Approved September 16, 1960. |