72 Stat. 1013. Onions. Penalty. Effective data. 85th Congress, H. R. 376 AN ACT To prohibit trading in onion futures on commodity exchanges. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) no contract for the sale of onions for future delivery shall be made on or subject to the rules of any board of trade in the United States. The terms used in this Act shall have the same meaning as when used in the Commodity Exchange Act. (b) Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not more than $5,000. SEC. 2. This Act shall take effect thirty days after its enact ment. Approved August 28, 1958. (597) 85th Congress, H. R. 12126 AN ACT 72 Stat. 1685. To provide further protection against the introduction and dissemination of livestock diseases, and for other purposes. disease. Be it enacted by the Senate und Ilouse of Representatives of the United States of America in Congress assembled, That paragraphs Agriculture. (a) and (c) of section 306 of the Act approved June 17, 1930 (46 Stat. Livestock 689: 19 U. S. C. 1306 (a) and (c)) are amended by deleting the word protection "domestic" each time it appears in said paragraphs and said para- against graph (a) is amended (1) by deleting the phrase "beef, veal, mutton, lamb, or pork," and substituting therefor the phrase "meat of such animals," and (2) by inserting before the period at the end thereof a colon and the following: "Provided. That wild ruminants or swine may be imported from any such country upon such conditions, including post entry conditions, to be prescribed in import permits or in regulations, as the Secretary may impose for the purpose of preventing the dissemination of said diseases into or within the United States: And provided further. That the subsequent distribution, maintenance, and exhibition of such animals in the United States shall be limited to zoological parks approved by said Secretary as meeting such standards as he may by regulation prescribe for the purpose of preventing the dissemination of said diseases into or within the United States. The Secretary may at any time seize and dispose of any such animals which are not handled in accordance with the conditions imposed by him or which are distributed to or maintained or exhibited at any place in the United States which is not then an approved zoological park, in such manner as he deems necessary for said purpose". Approved September 2, 1958. 85th Congress, H. R. 9020 AN ACT To amend the Packers and Stockyards Act, 1921, 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 the Packers Packers and and Stockyards Act, 1921, as amended (42 Stat. 159, as amended; Stockyards 7 U. S. C. 181 and the following), is amended as follows: Aot, 1921, amendments. (1) By amending section 202 by inserting after the word "un- Unlawful lawful" the words "with respect to livestock, meats, meat food practices. products, livestock products in unmanufactured form, poultry, 7 USC 192. or poultry products". (2) By amending section 406 by striking out subsection (b) Powers of FTC. and inserting in lieu thereof the following: 7 USC 226, "(b) The Federal Trade Commission shall have power and 227. jurisdiction over any matter involving meat, meat food products, livestock products in unmanufactured form, or poultry products, which by this Act is made subject to the power or jurisdiction of the Secretary, as follows: (1) When the Secretary in the exercise of his duties requests of the Commission that it make investigations and reports in any case. (2) In any investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission, arising out of acts or transactions involving meat, meat food products, livestock products in unmanufac tured form, or poultry products, if the Commission determines that effective exercise of its power or jurisdiction with respect to retail sales of any such commodities is or will be impaired by the absence of power or jurisdiction over all acts or transactions involving such commodities in such investigation or proceeding. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Commissioner shall notify the Secretary of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with regard to acts or transactions (other than retail sales) involving such commodities if the Secretary within ten days from the date of receipt of the notice notifies the Commission that there is pending in his Department an investigation of, or proceeding for the prevention of, an alleged violation of this Act involving the same subject matter. "(3) Over all transactions in commerce in margarine or oleomargarine and over retail sales of meat, meat food products, livestock products in unmanufactured form, and poultry products. (c) The Federal Trade Commission shall have no power or jurisdiction over any matter which by this Act is made subject to the jurisdiction of the Secretary, except as provided in subsection (b) of this section. (d) The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or retail sales of meat, meat food products, livestock products in unmanufactured form, or poultry products only when he determines, in any investigation of, or any proceeding for the prevention of, an alleged violation of this , that such action is necessary to avoid impairment of his power or jurisdiction over acts or transactions involving live 72 Stat. 1749. 72 Stat. 1750. 1 Reports. 7 USC 201. 7 USC 202. 49 USC 15. 7 USC 201. 7 USC 212. 7 USC 213. stock, meat, meat food products, livestock products in unmanufactured form, poultry or poultry products, other than retail sales thereof. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Secretary shall notify the Federal Trade Commission of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with respect to acts or transactions involving oleomargarine or retail sales of meat, meat food products, livestock products in unmanufactured form, or poultry products if the Commission within ten days from the date of receipt of such notice notifies the Secretary that there is pending in the Commission an investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission involving the same subject matter. "(e) The Secretary of Agriculture and the Federal Trade Commission shall include in their respective annual reports information with respect to the administration of subsections (b) and (d) of this section." SEC. 2. Said Act is further amended (1) by striking out the words "at a stockyard" from sections 301 (c) and 301 (d); (2) by striking out the last sentence of section 302 (a): Provided, however, That nothing herein shall be deemed a definition. of the term "public stockyards" as used in section 15 (5) of the Interstate Commerce Act; (3) by inserting after the first sentence in section 303 the following sentence: "Every other person operating as a market agency or dealer as defined in section 301 of the Act may be required to register in such manner as the Secretary may prescribe."; (4) by amending section 311 by striking out the words "stockyard owner or market agency" wherever they occur and inserting "stockyard owner, market agency, or dealer" and by striking out "stockyard owners or market agencies" and inserting "stockyard owners, market agencies, or dealers"; (5) by striking out the words "at a stockyard" from section 312 (a). SEC. 3. Subsection 6 of section 5 (a) of the Federal Trade Commis38 Stat. 719. sion Act (15 U. S. C. 45 (a) (6)) is amended by striking out "persons, 7 USC 226, 227. 7 USC 228. partnerships or corporations subject to the Packers and Stockyards Act, 1921, except as provided in section 406 (b) of said Act", and substituting there for the following: "persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended, except as provided in section 406 (b) of said Act”. SEC. 4. Section 407 of the Packers and Stockyards Act, 1921, as amended, is amended (1) by inserting "(a)" immediately after "Sec. 407." and (2) by adding at the end thereof the following new sub 72 Stat. 1750. section: 72 Stat. 1751. 7 USC 191 195. "(b) The Secretary shall maintain within the Department of Agriculture a separate enforcement unit to administer and enforce title II of this Act." Approved September 2, 1958. To protect the public health by amending the Federal Food, Drug, and Cosmetic Act to prohibit the use in food of additives which have not been adequately tested to establish their safety. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Food Additives be cited as the "Food Additives Amendment of 1958". Amendment of SEC. 2. Section 201, as amended, of the Federal Food, Drug, and 1958. Cosmetic Act is further amended by adding at the end of such section 52 Stat. 1041. the following new paragraphs: "(s) The term 'food additive' means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case of a substance used in food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use; except that such term does not include "(1) a pesticide chemical in or on a raw agricultural commodity; or "(2) a pesticide chemical to the extent that it is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity; or "(3) any substance used in accordance with a sanction or approval granted prior to the enactment of this paragraph pursuant 21 USC 321. Definitions. to this Act, the Poultry Products Inspection Act (21 U. S. C. 451 71 Stat. 441. and the following) or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U. S. C. 71 and the following). "(t) The term 'safe', as used in paragraph (s) of this section and in section 409, has reference to the health of man or animal." any SEC. 3. (a) Clause (2) of section 402 (a), as amended, of such Act Insanitary is amended to read as follows: “(2) (A) if it bears or contains ingredients. added poisonous or added deleterious substance (except a pesticide 21 USC 342. chemical in or on a raw agricultural commodity and except a food additive) which is unsafe within the meaning of section 406, or (B) if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408 (a), or (C) if it is, or it bears or contains, any food additive which is unsafe within the meaning of section 409: Provided, That where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of sections 406 and 409, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity;". |