108 STAT. 3228 PUBLIC LAW 103-354—OCT. 13, 1994 (1) selenium additives are not essential, at levels authorized in the absence of such final rule, to maintain animal nutrition and protect animal health; (2) selenium at such levels is not safe to the smimals consuming the additive; (3) seleniiun at such levels is not safe to individuals consuming edible portions of animals that receive the additive; (4) selenium at such levels does not achieve its intended effect of promoting normal growth and reproduction of hvestock and poultry; and (5) the manufacture and use of selenimn at such levels cannot reasonably be controlled by adherence to current good manufacturing practice requirements. (b) FINAL RULE DESCRIBED. —The final rule referred to rri subsection (a) is the final rule issued by the Food and Drug Administration and published in. the Federal Register on September 13, 1993 (58 Fed. Reg. 47962), in which the Administration stayed 1987 amendments to the seleniimi food additive regulations, and any modification of such rule issued after the date of the enactment of this Act. Subtitle H—National Appeals Division 7 USC 699L SEC. 271. DEFINITIONS. For purposes of this subtitle: (1) ADVERSE DECISION.— The term "adverse decision" means an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant. The term includes a denisd of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction. (2) AGENCY. — The term "agency" means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following): (A) The ConsoHdated Farm Service Aeen^ (or other office, agency, or administrative unit of the Department Eissigned the functions authorized for the ConsoHdated Farm Service Agency under section 226). (B) The Commodity Credit Corporation, with respect to domestic programs. (C) The Farmers Home Administration. (D) The Federed Crop Insiu^nce Corporation. (E) The Rural Development Administration. (F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 246(b)). (G) A State, county, or area committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). (3) APPELLANT. —The term "appellant" means a participant who appeals an adverse decision in accordance with this subtitie.
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