82 STAT. 807 66 Stat. 722. Ante, p. 801. 21 USC 301. "SEC. 22. For the efficient administration and enforcement of this Act, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Federal Trade Commission Act, as amended (38 Stat. 721-723, as amended; 15 U.S.C. 46, 48, 49, and 50) (except paragraphs (c) through (h) of section 6 and the last paragraph of section 9), and the provisions of subsection 409 (1) of the Communications Act of 1934 (48 Stat. 1096, as amended; 47 U.S.C. 409(1)), are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act and to any person with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this Act in any part of the United States, and the powers conferred by said sections 9 and 10 of the Federal Trade Commission Act as amended on the district courts of the United States may be exercised for the purposes of this Act by any court designated in section 21 of this Act. "SEC. 23. Requirements within the scope of this Act with respect to premises, facilities and operations of any official establishment, which are in addition to, or different than those made under this Act may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of paragraph (b) of section 11 of this Act, if consistent therewith, with respect to any such establishment. Marking, labeling, packaging, or ingredient requirements (or storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce) in addition to, or different than, those made under this Act may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any official establishment in accordance with the requirements under this Act, but any State or Territory or the District of Columbia may, consistent with the requirements under this Act, exercise concurrent jurisdiction with the Secretary over articles required to be inspected under this Act, for the purpose of preventing the distribution for human food purposes of any such articles which are adulterated or misbranded and are outside of such an establishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This Act shall not preclude any State or Territory or the District of Columbia from making requirement or taking other action, consistent with this Act, with respect to any other matters regulated under this Act. "SEC. 24. (a) Poultry and poultry products shall be exempt from 52 Stat. 1040. the provisions of the Federal Food, Drug, and Cosmetic Act to the extent of the application or extension thereto of the provisions of this Act, except that the provisions of this Act shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to enactment of the Wholesome Poultry Products Act. Ante, p. 805. committees. "(b) The detainer authority conferred by section 19 of this Act shall apply to any authorized representative of the Secretary of Health, Education, and Welfare for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act with respect to any poultry carcass, or part or product thereof, that is outside any official estab lishment, and for such purposes the first reference to the Secretary in section 19 shall be deemed to refer to the Secretary of Health, Education, and Welfare. Reports to "SEC. 27. The Secretary shall annually report to the Committee on oongressional Agriculture of the House of Representatives and the Committee on Agriculture and Forestry of the Senate with respect to the slaughter of poultry subject to this Act, and the preparation, storage, handling, and distribution of noultry parts, poultry products, and inspection of establishments operated in connection therewith, including the operations under and the effectiveness of this Act." 82 STAT. 808 SEC. 18. The heading "Designation" preceding section 5 of said Ante, pp. 796Act is hereby amended to read "Federal and State cooperation"; 805, the heading "Labeling" preceding section 8 of said Act is hereby amended to read "Labeling and containers; standards"; the heading "Records of interstate shipment" preceding section 11 of said Act is hereby amended to read "Articles not intended for human food; record and related requirements for processors of poultry products and related industries engaged in commerce; registration requirements for related industries engaged in commerce; regulation of transactions in commerce in dead, dying, disabled, or diseased poultry and carcasses thereof; authority to regulate comparable intrastate activities"; and the heading "Violations by exempted persons" preceding section 16 of said Act is hereby amended to read "Entry of materials into official establishments." SEC. 19. If any provisions of this Act or of the amendments made Separability. hereby or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the remaining amendments and of the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 20. This Act shall become effective upon enactment except as provided in paragraphs (a) through (c): (a) The provisions of subparagraphs (a) (2) (A) and (a)(3) of section 9 of the Poultry Products Inspection Act, as amended by section 9 of this Act, shall become effective upon the expiration of sixty days after enactment hereof. (b) Section 14 of this Act, amending section 15 of the Poultry Products Inspection Act, shall become effective upon the expiration of sixty days after enactment hereof. Effective date. Ante, p. 800. Ante, p. 803. (c) Paragraph 11(d) of the Poultry Products Inspection Act, as added by section 11 of this Act, shall become effective upon the expira- Ante, p. 801. tion of sixty days after enactment hereof. Approved August 18, 1968, 10:20 a. m. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 1333 (Comm. on Agriculture) and No. 1839 (Comm. of Conference). SENATE REPORT No. 1449 accompanying S. 2932 (Comm. on Agriculture & Forestry.) CONGRESSIONAL RECORD, Vol. 114 (1968): June 13: Considered and passed House. July 29 Considered and passed Senate, amended, in lieu of S. 2932. Aug. 2: House and Senate agreed to conference report. 90th Congress, S. 3068 An Act To amend the Food Stamp Act of 1964, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 16 of the Food Stamp Act of 1964 is amended (A) by deleting from the first sentence the phrase "not in excess of $225,000,000 for the fiscal year ending June 30, 1969" and inserting in lieu thereof the following: "not in excess of $315,000,000 for the fiscal year ending June 30, 1969; not in excess of $340,000,000 for the fiscal year ending June 30, 1970; not in excess of $170,000,000 for the six months ending December 31, 1970"; (B) by changing the word "year" at the end of such first sentence to "period"; and (C) by adding at the end of the subsection the following sentence: "On or before January 20 of each year, the Secretary shall submit to Congress a report setting forth operations under this Act during the preceding calendar year and projecting needs for the ensuing calendar year. Approved October 8, 1968. 82 STAT. 958 Food Stamp 81 Stat. 228. Report to LEGISLATIVE HISTORY: HOUSE REPORT No. 1619 accompanying H. R. 18249 (Comm. on May 17: Considered and passed Senate. May 21: Reconsidered, amended, and passed Senate. July 29, 30: Considered and passed House, amended, in lieu Sept. 25: House agreed to conference report. Sept. 26: Senate agreed to conference report. 90th Congress, S. 2671 An Act To provide for the control of noxious plants on land under the control or jurisdiction of the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the heads of Federal departments or agencies are authorized and directed to permit the commissioner of agriculture or other proper agency head of any State in which there is in effect a program for the control of noxious plants to enter upon any lands under their control or jurisdiction and destroy noxious plants growing on such land if (1) such entry is in accordance with a program submitted to and approved by such department or agency: Provided, That no entry shall occur when the head of such Federal department or agency, or his designee, shall have certified that entry is inconsistent with national security; (2) the means by which noxious plants are destroyed are acceptable to the head of such department or agency; and (3) the same procedure required by the State program with respect to privately owned land has been followed. SEC. 2. Any State incurring expenses pursuant to section 1 of this Act upon presentation of an itemized account of such expenses shall be reimbursed by the head of the department or agency having control or jurisdiction of the land with respect to which such expenses were incurred: Provided, That such reimbursement shall be only to the extent that funds appropriated specifically to carry out the purposes of this Act are available there for during the fiscal year in which the expenses are incurred. 82 STAT. 1146 Noxious SEC. 3. There are hereby authorized to be appropriated to depart- Appropriation ments or agencies of the Federal Government such sums as the Con- authorization. gress may determine to be necessary to carry out the purposes of this Act. Approved October 17, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 1931 (Comm. on Agriculture). SENATE REPORT No. 1574 (Comm. on Agriculture & Forestry) CONGRESSIONAL RECORD, Vol. 114 (1968): Sept. 20: Considered and passed Senate. Oct. 7: Considered and passed House. 55-000 O-71-51 91st Congress, H. R. 6508 An Act To provide additional assistance for the reconstruction of areas damaged by major disasters. Act of 1969. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress hereby Disaster Relief recognizes that a number of States have experienced extensive property loss and damage as a result of recent major disasters including, but not limited to, hurricanes, storms, floods, and high waters and 83 STAT. 125 wind-driven waters and that there is a need for special measures designed to aid and accelerate the efforts of these affected States to reconstruct and rehabilitate the devastated areas. SEC. 2. The President is authorized to allocate funds hereafter appropriated to carry out this section to those States affected by a major disaster for the permanent repair and reconstruction of those permanent street, road, and highway facilities not on any of the Federal-aid systems which were destroyed or damaged as a result of such a major disaster. No funds shall be allocated under this section for repair or reconstruction of such a street, road, or highway facility unless the affected State agrees to pay not less than 50 per centum of all costs of such repair or reconstruction. SEC. 3. (a) Where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or other specified development facility and, as a result of a major disaster in an affected State a major physical change results in additional construction work in connection with such road or facility by such purchaser with an estimated cost as determined by the appropriate Secretary (1) of more than $1,000 for sales under one million board feet, or (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such increasedconstruction cost shall be borne by the United States. (b) Where the Secretary determines that damages are so great that restoration, reconstruction, or construction is not practical under the cost-sharing arrangement authorized by subsection (a) of this section, the Secretary may allow cancellation of the contract notwithstanding provisions therein. (c) The Secretary of Agriculture is authorized to reduce to seven days the minimum period of advance public notice required by the first section of the Act of June 4, 1897 (16 U.S.C. 476), in connection with the sale of timber from national forests, whenever the Secretary determines that (1) the sale of such timber will assist in the reconstruction of any area of an affected State damaged by a major disaster, (2) the sale of such timber will assist in sustaining the economy of such affected area, or (3) the sale of such timber is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber. (d) The President, whenever he determines it to be in the public interest, and acting through the Director of the Office of Emergency Preparedness, is authorized to make grants to any State or political subdivision thereof, for the purpose of removing from privately owned lands timber damaged as a result of a major disaster and such State or political subdivision is authorized, upon application, to make payments to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, but not to exceed the amount that such expenses exceed the salvage value of such timber. 83 STAT. 126 Highway repairs. Timber sale contracts. Cancellation authority. Public notice of sale. 30 Stat. 35; 31 Stat. 661. |