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72 Stat. 1789.

Ante, p. 1785.

71 Stat. 441.

Compensation of
Commissioner.

69 Stat. 407, 70 Stat. 430, 741.

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 an order with respect to such use under section 409 of the Federal Food, Drug, and Cosmetic Act becomes effective,

whichever date first occurs.

SEC. 7. Nothing in this Act shall be construed to exempt any meat or meat food product or any person from any requirement imposed by or pursuant to the Poultry Products Inspection Act (21 U.S. C. 451 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).

SEC. 8. The annual rate of basic compensation of the Commissioner of Food and Drugs shall be $20,000.

SEC. 9. Section 208 (g) of the Public Health Service Act, as amended (42 U. S. C. 210 (g)), is amended by striking out the phrase "in the professional and scientific service" and inserting in lieu thereof the phrase "in the professional, scientific, and executive service" and by striking out the phrase "of specially qualified scientific or professional personnel" and inserting in lieu thereof "of specially qualified scientific, professional, and administrative personnel".

Approved September 6, 1958.

86th Congress, S. 79

March 17, 1959

AN ACT

To amend the Federal Food, Drug, and Cosmetic Act to permit the temporary listing and certification of Citrus Red No. 2 for coloring mature oranges under tolerances found safe by the Secretary of Health, Education, and Welfare, so as to permit continuance of established coloring practice in the orange industry pending congressional consideration of general legislation for the listing and certification of food color additives under safe tolerances.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the second proviso of section 402(c) of the Federal Food, Drug, and Cosmetic Act is amended by striking out "March 1, 1959," and inserting in lieu thereof "May 1, 1959,".

(b) The third proviso of section 402 (c) of such Act is amended to read as follows: "And provided further, That, without regard to the requirements of sections 406(b) and 701(e), the Secretary shall promptly establish, and may from time to time amend, regulations (1) prescribing the conditions (including quantitative tolerance limitations) under which the coal-tar color known as Citrus Red No. 2 (more particularly to be defined in such regulations) may be safely used in coloring the skins of oranges which are not intended or used for processing (or, if so used, are oranges designated in the trade as 'packing house elimination'), and which meet minimum maturity standards established by or under the laws of the States in which the oranges are grown, (2) providing for separately listing such color solely for such use on such oranges, and (3) providing for the certification of batches of such color, with or without harmless diluents, for such restricted use; and such oranges, if colored prior to September 1, 1961, and to the enactment by the Congress (subsequent to the date of enactment of this proviso) of general legislation for the listing and certification of food color additives under safe tolerances, in conformity with this proviso and such regulations, with Citrus Red No. 2 from a batch certified in accordance with such regulations, shall not be deemed to be adulterated within the meaning of this paragraph."

Approved March 17, 1959.

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86th Congress, H. R. 5247
April 3, 1959

AN ACT

To increase the authorized maximum expenditure for the fiscal year 1959 under the special milk program.

73 Stat. 15.

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 Public Law 85-478 (72 Stat. 276) is amended to read as fol- 7 USC 1446 lows: "That for the fiscal year beginning July 1, 1958, not to exceed note. $78,000,000, and for each of the two fiscal years thereafter, not to exceed $75,000,000, of the funds of the Commodity Credit Corporation shall be used to increase the consumption of fluid milk by children (1) in nonprofit schools of high school grade and under; and (2) in nonprofit nursery schools, child-care centers, settlement houses, summer camps, and similar nonprofit institutions devoted to the care and training of children."

Approved April 3, 1959.

73 Stat. 16.

86th Congress, H. R. 6436

August 7, 1959

AN ACT

73 STAT. 286.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act so as to, include nematocides, plant regulators, defoliants, and desiccants, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Nematocide, be cited as the "Nematocide, Plant Regulator, Defoliant, and Desic- Plant Regulacant Amendment of 1959".

tor, Defoliant,

Amendment of

SEC. 2. (A) The Federal Insecticide, Fungicide, and Rodenticide and Desiccant Act (61 Stat. 163; 7 U.S.C. 135-135k) is amended so that sections 2a and 2b read follows:

as

"a. The term 'economic poison' means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the Secretary shall declare to be a pest, and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

"b. The term 'device' means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or rodents or destroying, repelling, or mitigating fungi, nematodes, or such other pests as may be designated by the Secretary, but not including equipment used for the application of economic poisons when sold separately therefrom.'

99

1959.

(B) Section 2 of such Act is further amended by redesignating 7 USC 135. subsections g through u to be subsections 1 through z respectively; and by adding new subsections g, h, i, j, and k, and amending new subsections p and z, to read respectively as follows:

"g. The term 'nematocide' means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes.

"h. The term 'plant regulator' means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

"i. The term 'defoliant' means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

"j. The term 'desiccant' means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. "k. The term 'nematode' means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms.

"p. The term 'active ingredient' means

"(1) in the case of an economic poison other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests;

"(2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

55-000 0-71-40

Effective date.

73 STAT. 287.

"(3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;

"(4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

"z. The term 'misbranded' shall apply

"(1) to any economic poison or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; "(2) to any economic poison

"(a) if it is an imitation of or is offered for sale under the name of another economic poison;

"(b) if its labeling bears any reference to registration under this Act;

"(c) if the labeling accompanying it does not contain directions for use which are necessary and if complied with adequate for the protection of the public;

"(d) if the label does not contain a warning or caution statement which may be necessary and if complied with adequate to prevent injury to living man and other vertebrate animals, vegetation, and useful invertebrate animals;

"(e) if the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase: Provided, That the Secretary may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;

"(f) if any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

"(g) if in the case of an insecticide, nematocide, fungicide, or herbicide when used as directed or in accordance with commonly recognized practice it shall be injurious to living man or other vertebrate animals, or vegetation, except weeds, to which it is applied, or to the person applying such economic poison; or

"(h) if in the case of a plant regulator, defoliant, or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such economic poison: Provided, That physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations."

SEC. 3. This Act shall take effect on the date of its enactment, except that

(a) with respect to any nematocide, plant regulator, defoliant, or desiccant which was marketed commercially prior to the date of enactment and whose use does not result in residues of same

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