Page:United States Statutes at Large Volume 74.djvu/443

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[74 Stat. 403]
[74 Stat. 403]
PUBLIC LAW 86-000—MMMM. DD, 1960

74

STAT.]

PUBLIC LAW 86-618-JULY 12, 1960

referral (or request for referral) to an advisory committee, be issued within ninety days after the date of such filing, except that the Secretary may (prior to such ninetieth d a y), by written notice to the petitioner, extend such ninety-day period to such time (not more than one hundred and eighty days after the date of filing of the petition) as the Secretary deems necessary to enable him to study and investigate the petition; "(2) any report, recommendations, underlying data, and reasons certified to the Secretary by an advisory committee appointed pursuant to subparagraph (D) of subsection (b)(5) of this section, shall be made a part of the record of any hearing if relevant and material, subject to the provisions of section 7(c) of the Administrative Procedure Act (5 U.S.C. sec. 1006(c)). The advisory committee shall designate a member to appear and testify at any such hearing with respect to the report and recommendations of such committee upon request of the Secretary, the petitioner, or the officer conducting the hearing, but this shall not preclude any other member of the advisory committee from appearing and testifying at such hearing; "(3) the Secretary's order after public hearing (acting upon objections filed to an order made prior to hearing) shall be subject to the requirements of section 409(f)(2); and "(4) the scope of judicial review of such order shall be in accordance with the fourth sentence of paragraph (2), and with the provisions of paragraph (3), of section 409(g).

403

eostat. 24i.

H st|t,. ^m?. ^2 sta^ iias.

"Fees "(e) The admitting to listing and certification of color additives, in accordance with regulations prescribed under this Act, shall be performed only upon payment of such fees, which shall be specified in such regulations, as may be necessary to provide, maintain, and equip an adequate service for such purposes. "Exemptions " (f) The Secretary shall by regulations (issued without regard to subsection (d)) provide for exempting from the requirements of this section any color additive or any specific type of use thereof, and any article of food, drug, or cosmetic bearing or containing such additive, intended solely for investigational use by qualified experts when in his opinion such exemption is consistent with the public health." C O N F I D E N T I A L I T Y OF TRADE SECRETS

SEC. 104. Section 301(j), as amended, of such Act, prohibiting disclosure of trade secrets, is amended by striking out "or 704" and inserting in lieu thereof "704, or 706".

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CHANGES I N CROSS-REFERENCES AND TERMINOLOGY

SEC. 105. Such Act is further amended by— (a) striking out, in section 301(i) thereof (relating to forgeiy or unauthorized use of certain identification devices), "404, 406 (b), 504, 506, 507, or 604", and inserting in lieu thereof "404, 506, 507, or 706"; (b)(1) striking out, in clause (3) of section 303(c) (relating to color manufacturer's guarantee), the word "coal-tar" wherever it appears in such clause, and (2) inserting after the word

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52 Stat. 1043. "' ^'