Payment by certificates. Report to 75 STAT. 7. and yields for the 1959 and 1960 crop years as he determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop rotation practices, type of soil, and topography. The Secretary may make not to exceed 50 per centum of any payments to producers in advance of determination of performance. "(2) There are hereby authorized to be appropriated such amounts as may be necessary to enable the Secretary to carry out this section 16(c). Obligations may be incurred in advance of appropriations therefor and the Commodity Credit Corporation is authorized to advance from its capital funds such sums as may be necessary to pay administrative expenses in connection with such program during the fiscal year ending June 30, 1961, and to pay such costs as may be included in carrying out section 3 of the Act which added this subsection to this Act. "(3) The Secretary shall provide by regulations for the sharing of payments under this subsection among producers on the farm on a fair and equitable basis and in keeping with existing contracts." SEC. 3. Payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the 1961 Feed Grain Program authorized by this Act. In the case of any certificate not presented for redemption within 30 days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning 30 days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate. SEC. 4. Not later than 90 days after the effective date of this Act the Secretary shall submit to the Congress a detailed report, including estimates where final figures are not available, setting forth but not limited to the number and percent of cooperators under this Act, the acreage retired from production by States, the cash payments made, the quantity and kind of feed grains made available under the payment-in-kind provisions of the Act and the value thereof, the overall cost of the program, the estimated savings compared with the program in effect before this Act became effective, and such other information as will indicate the progress, cost, and reduction of surpluses under this Act. Approved March 22, 1961. 87th Congress, S. 1028 AN ACT 75 STAT. 18. To amend the transitional provisions of the Act approved August 7, 1959, entitled "Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959". Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959, amend ment. 7 USC 135 note. Be it enacted by the Senate and House of Representatives of United States of America in Congress assembled, That paragraph (a) of section 3 of the Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959 (Public Law 86-139, 73 Stat. 286, 287) is amended by deleting the comma and the word "or" appearing at the end of clause (1) and adding at the end of such clause a colon and the following: "Provided, That with respect to any nematocide, plant regulator, defoliant, or desiccant whose use results in residue remaining in or on a food at the time of introduction into interstate commerce and which use had commercial application prior to January 1, 1958, the Secretary may prescribe a date beyond March 5, 1961, on the basis of a determination that such action will not be unduly detrimental to the public interest and is necessary to avoid hardships: Provided further, That such date shall not be extended beyond (i) the date on which an order with respect to the use of such product under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 68 Stat. 511. 346a) becomes effective or (ii) the date on which any extension granted under paragraph (b) of this section is terminated, or". Approved March 29, 1961. 87th Congress, H. R. 3980 April 7, 1961 AN ACT 75 STAT. 42. 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 use in food of additives which have not been adequately tested to establish their safety", and for other purposes. may Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act Food Additives be cited as the "Food Additives Transitional Provisions Amendment Transitional of 1961". Provisions Amendment of 1961. SEC. 2. Subsection (c) of section 6 of the Food Additives Amendment of 1958 (Public Law 85-929, 72 Stat. 1784, 1788) is amended by 21 USC 342 note. 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, not withstanding the parenthetical time limitation in that clause, further extend such effective date, not beyond June 30, 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 21 USC 348. 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 Termination Secretary may at any time terminate an extension so granted if he power. 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." note. SEC. 3. Paragraph (b) of section 3 of the Nematocide, Plant Regu- Nematocides, lator, Defoliant, and Desiccant Amendment of 1959 (Public Law plant regu86-139, 73 Stat. 286, 288) is amended by inserting in such paragraph, lators, etc. at the end thereof, the following: "Whenever the Secretary of Health, 7 USC 135 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 (2)) 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 68 Stat. 511. use or uses, or to develop the scientific data necessary for action under 21 USC 3468. 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 Termination power. 75 STAT. 43. action under such section 408. 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." Approved April 7, 1961. 87th Congress, S. 146 An Act To extend and increase the special milk program for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sen- Milk program. tence of the Act entitled "An Act to continue the special milk program for children in the interest of improved nutrition by fostering the 75 STAT. 147. consumption of fluid milk in the schools", approved July 1, 1958, as 75 STAT. 148. amended (7 U.S.C., sec. 1446 note), is amended by inserting imme- 72 Stat. 276; diately after "$95,000,000," the following: "and for the fiscal year 74 Stat. 84. beginning July 1, 1961, not to exceed $105,000,000,". Approved June 30, 1961. |