52 STAT.] 75TH CONG., 3D SESS.-CH. 675-JUNE 25, 1938 CERTIFICATION OF COAL-TAR COLORS FOR COSMETICS SEC. 604. The Secretary shall promulgate regulations providing for the listing of coal-tar colors which are harmless and suitable for use in cosmetics and for the certification of batches of such colors, with or without harmless diluents. CHAPTER VII-GENERAL ADMINISTRATIVE PROVISIONS REGULATIONS AND HEARINGS SEC. 701. (a) The authority to promulgate regulations for the effi- cient enforcement of this Act, except as otherwise provided in this section, is hereby vested in the Secretary. (b) The Secretary of the Treasury and the Secretary of Agricul- ture shall jointly prescribe regulations for the efficient enforcement of the provisions of section 801, except as otherwise provided therein. Such regulations shall be promulgated in such manner and take effect at such time, after due notice, as the Secretary of Agriculture shall determine. (c) Hearings authorized or required by this Act shall be con- ducted by the Secretary or such officer or employee as he may desig- nate for the purpose. (d) The definitions and standards of identity promulgated in accordance with the provisions of this Act shall be effective for the purposes of the enforcement of this Act, notwithstanding such defini- tions and standards as may be contained in other laws of the United States and regulations promulgated thereunder. (e) The Secretary, on his own initiative or upon an application of any interested industry or substantial portion thereof stating reason- able grounds therefor, shall hold a public hearing upon a proposal to issue, amend, or repeal any regulation contemplated by any of the following sections of this Act: 401, 403 (j), 404 (a), 406 (a) and (b), 501 (b), 502 (d), 502 (h), 504, and 604. The Secretary shall give appropriate notice of the hearing, and the notice shall set forth the proposal in general terms and specify the time and place for a public hearing to be held thereon not less than thirty days after the date of the notice, except that the public hearing on regulations under section 404 (a) may be held within a reasonable time, to be fixed by the Secretary, after notice thereof. At the hearing any interested person may be heard in person or by his representative. As soon as practicable after completion of the hearing, the Secretary shall by order make public his action in issuing, amending, or repealing the regulation or determining not to take such action. The Secretary shall base his order only on substantial evidence of record at the hear- ing and shall set forth as part of the order detailed findings of fact on which the order is based. No such order shall take effect prior to the ninetieth day after it is issued, except that if the Secretary finds that emergency conditions exist necessitating an earlier effective date, then the Secretary shall specify in the order his findings as to such conditions and the order shall take effect at such earlier date as the Secretary shall specify therein to meet the emergency. (f) (1) In a case of actual controversy as to the validity of any order under subsection (e), any person who will be adversely affected by such order if placed in effect may at any time prior to the nine- tieth day after such order is issued file a petition with the Circuit Court of Appeals of the United States for the circuit wherein such 1055 Certification of coal- tar colors for cosmet- ics. Chapter VII-Gen- eral administrative provisions. Regulations. Post, p. 1058 . Hearings. Definitions and standards of identity. Public hearing upon proposal to issue, amend, or repeal any regulation. 4Ate, pp. 1046, 1048, 1049, 1050, 1051, 1052. Procedure. Controversies over validity of orders. Petition to proper Circuit Court of Ap- peals for review.
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