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Additional information submitted for the record by—Continued
National Canners Association, letter from R. B. Heiney, assistant to
executive vice president..
which it bears or contains exceeds such tolerance. While a tolerance, or an exemption from a tolerance, is in effect, clause (1) of section 402 (a) shall not apply.
*(b) The Administrator shall promulgate regulations establishing a tolerance for any poisonous or deleterious pesticide to the extent necessary to protect the public health. In establishing such a regulation, the Administrator shall give appropriate consideration to the necessity for the production of an adequate and wholesome food supply. Such regulations shall be promulgated in the manner prescribed in paragraphs (d) or (e) of this section.
"(c) The Administrator shall promulgate regulations exempting any pesticide from the necessity of a tolerance under paragraph (b) of this section when such a tolerance is not necessary to protect the public health. Such regulations shall be promulgated in the manner prescribed in paragraphs (d) or (e) of this section.
"(d) (1) Any person submitting an application for the registration of a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act of 1947 (7 U. S. C. 135) may file with the Administrator a petition proposing the issuance of a regulation establishing a tolerance for the pesticide or exempting the pesticide from a tolerance. The petition shall contain data showing (i) the name, chemical identity, and composition of the pesticide; (ii) the amount, frequency, and time of application of the pesticide; (iii) toxicity information; (iv) tests showing the amount of residue remaining; (v) proposed tolerances for the pesticide, if tolerances are proposed; and (vi) reasonable grounds in support of the petition.
“(2) Within ninety days after filing, the Administrator shall, after giving due consideration to the data submitted or otherwise before him and after certification by the Secretary of Agriculture that the pesticide named in the petition is useful for the purpose for which the tolerance or exemption is sought, make public a regulation (a) establishing a tolerance for the pesticide named in the petition or (b) exempting the pesticide from the necessity of a tolerance, unless within such ninety-day period the person filing the petition requests that the petition be referred to an advisory committee or if the Administrator within such period otherwise deems such referral necessary, in either of which event the provisions of clause (3) of paragraph (d) of this section shall apply in lieu hereof.
“(3) In the event that the person filing the petition requests within ninety days after filing that the petition be referred to an advisory committee, or the Administrator within such period otherwise deems such referral necessary, the Administrator shall forthwith submit the petition and other data before him to an advisory committee to be appointed in accordance with paragraph (g) of this section provided that the Secretary of Agriculture has certified that the pesticide named in the petition is useful for the purpose for which a tolerance or exemption is sought. As soon as practicable thereafter, but in no event later than sixty days after such referral, the Committee shall, after independent study of the data submitted to it by the Administrator and other data before it, certify a report and recommendations on the proposal in the petition to the Administrator. Within thirty days thereafter, the Administrator shall, after giving due consideration to the data before him, including the report and recommendations of the advisory committee, make public a regulation (a) establishing a tolerance for the pesticide named in the petition or (b) exempting the pesticide from the necessity of a tolerance.
*(4) The regulations proposed under clause (2) or (3) of paragraph (a) of this section will be effective upon publication.
“(5) Within ninety days after publication, any interested person may file objections specifying with particularity the changes desired in the regulation and stating reasonable ground therefor. copy of the objec ons shall be served on the petitioner, if the proposed regulations were issued pursuant to a petition. The petitioner shall have two weeks to reply to the objections. As soon as practicable thereafter, the Administrator shall make public his action in affirming, modifying, or revising the regulation objected to. Such action shall be effective upon publication. The Administrator shall base his order under this clause or under clause (2) or (3) of paragraph (d) of this section on substantial evidence of record, including any report or recommendation of an advisory committee, and shall set forth as part of the order detailed findings of fact upon which the order is based.
title 28. The commencement of proceedings under this section shall not, unless specifically ordered by the court to the contrary, operate as a stay of the Administrator's order. ! "(j) The Administrator may, upon the request of any person who has obtained an experimental permit
for a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U. S. C. 135) or upon his own initiative, establish a temporary tolerance for the pesticide for the uses covered by the permit whenever in his judgment such action is deemed necessary to protect the public health or may exempt such pesticide from a tolerance. In establishing such a tolerance, the Administrator shall give due regard to the necessity for experimental work in developing an adequate and wholesome food supply and to the limited hazard to the public health involved in such work when conducted in accordance with applicable regulations under the Federal Insecticide, Fungicide, and Rodenticide Act.
“(k) (1) Regulations or proposed regulations affecting pesticides which are promulgated by the Administrator after the effective date of this section or within ninety days prior thereto under the authority of section 406 (a) and the procedure specified by section 701 (e) shall be deemed to be regulations under clause (5) of paragraph (a) of this section and shall be subject to all provisions of this section applicable thereto.
“(2) Regulations affecting pesticides which have become final before the effective date of this section under the authority of section 406 (a) and the procedure specified by section 701 (e) shall remain in full force and effect but shall be amended or repealed in the manner prescribed in this section and shall be otherwise subject thereto.
“(1) The Secretary of Agriculture shall, upon the request of any person submitting an application for the registration of a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act or upon the request of the Administrator, certify to the Administrator whether or not the pesticide is useful for the purpose for which a tolerance or exemption is requested under this section. Such certification shall be made as soon as practicable after a request is made, but in no event later than thirty days thereafter.
"(m) The Administrator after due notice and opportunity for a public hearing is authorized to promulgate rules and regulations for the efficient administration and enforcement of this section. Such rules and regulations shall prescribe the manner in which regulations under this section may be amended or repealed.”
SEC. 5. There is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the purpose and administration of this Act. SEC. 6. All provisions of this Act shall take effect upon enactment.
Mr. WOLVERTON. I regret the delay in opening the meeting this morning. It is due to the fact that Mr. O'Hara, who is chairman of the subcommittee, is unexpectedly absent on account of illness; the second member, Mr. Hoffman, is likewise ill and unable to be present this morning; and this, together with the fact that there are two other committee meetings which have also been hit rather hard by reason of illness, have made a most difficult situation to contend with.
However, we will proceed. I am informed that Dr. Miller is also ill and unable to be present this morning. I regret that this is the case. However, our colleague, Hon. Walt Horan, of Washington, is present and will be the first witness.
I also understand that our colleague, Mr. Herlong, of Florida, wishes to testify.
Mr. HORAN. We also have our colleague, Billy Matthews, of Florida. Mr. WOLVERTON. Very well. Will you proceed, Mr. Horan?
STATEMENT OF HON. WALT HORAN, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF WASHINGTON
Mr. HORAN. We are all interested in this, Mr. Chairman. Since 1910 when it was found necessary to use spray dopes for the control