20

1

and Welfare may prescribe on the basis of a finding

2

3

4

that such extension involves no undue risk to the publie health and that conditions exist which necessitate the prescribing of such additional period.

5

SEC. 6. (a) Except as provided in subsections (b) and

6 (c) of this section, this Act shall take effect on the date of its 7 enactment.

9

(b) Except as provided in subsection (c) of this section, 9 section 3 of this Act shall take effect on the one hundred and 10 eightieth day after the date of enactment of this Act.

11

(c) With respect to any particular commercial use of a 12 food additive if such use was made of such additive before 13 January 1, 1958, section 3 of this Act shall take effect 14 either

(1) one year after the effective date established in subsection (b) of this section, or at the end of such additional period (but not later than two years from such

effective date established in subsection (b)) as the Secretary of Health, Education, and Welfare may prescribe

on the basis of a finding that such extension involves no undue risk to the public health and that conditions exist which necessitate the prescribing of such an additional period, or

(2) on the date on which the Secretary-issues an

21

1

2

order with respect to such use under section 409 of the

Federal Food, Drug, and Cosmetic Act becomes offictive,

3 whichever date first occurs.

4 SEC. 8. There are hereby authorized to be appropriated,

5 out of any money in the Treasury not otherwise appropri

6 ated, such sums as may be necessary for the administration 7 of this Act.

8

SEC. 97. Nothing in this Act shall be construed to ex9 empt any meat or meat food product or any person from 10 any requirement imposed by or pursuant to the Meat Inspec11 tion Act of March 4, 1907, 34 Stat. 1260, as amended and 12 extended (21 U. S. C. 71 and the following).

Amend the title so as to read: "A bill to protect the public health by amending the Federal Food, Drug, and Cosmetic Act to prohibit the use in food of food additives. which have not been adequately tested to establish their safety."

85TH CONGRESS 2D SESSION

H. R. 12784

IN THE HOUSE OF REPRESENTATIVES

JUNE 3, 1958

Mr. OSMERS introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce

A BILL

To protect the public health by amending the Federal Food, Drug, and Cosmetic Act to prohibit the use in food of chemical additives which have not been adequately tested to establish their safety.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Chemical Additives 4 Amendment of 1957".

5

SEC. 2. Section 201, as amended, of the Federal Food, 6 Drug, and Cosmetic Act is further amended by adding at

7 the end of such section the following new paragraph:

8

9

(s) (1) The term 'chemical additive' means, except

as otherwise provided in subparagraph (2), any substance

I-O

2

1 the intended use of which results or may result, directly or 2 indirectly, in its becoming a component or otherwise 3 affecting the characteristics of any food (including any sub4 stance intended to preserve or alter food or for any other 5 purpose in producing, manufacturing, packing, processing, 6 preparing, treating, packaging, transporting, or holding 7 food; and including any radioactive material intended for 8 any such use or as a source for the irradiation of food), if 9 such substance is not generally recognized, among experts 10 qualified by scientific training and experience to evaluate 11 its toxicity or other potentiality for harm, as having been 12 adequately shown through scientific procedures or through 13 prolonged use in food to be safe for use under the conditions 14 of its intended use.

15

"(2) Such term does not include (A) a pesticide 16 chemical in or on a raw agricultural commodity, or a pesti17 cide chemical when intended solely for use in the production, 18 storage, or transportation of any raw agricultural commodity; 19 or (B) any substance used in accordance with a sanction or 20 approval granted prior to the enactment of this paragraph 21 pursuant to this Act or to the Meat Inspection Act of March 22 4, 1907, 34 Stat. 1260, as amended and extended (21 23 U. S. C. 71 and the following).”

24 SEC. 3. Section 201 (f) of such Act is amended to 25 read as follows:

1

2

3

"(f) The term 'food' means (1) articles used for food

or drink for man or other animals, (2) chewing gum, (3) 3 articles used for components of any such article, and (4) 4 chemical additives."

5

SEC. 4. (a) Clause (2) of section 402 (a), as amended, 6 of such Act is further amended to read as follows:

"(2) (A) if it bears or contains any added poisonous or added deleterious substance (except a pesticide chemical in or on a raw agricultural commodity and except a chemical 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, or

(C) if it is, or it bears or contains, any chemical 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 by 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