229 



perimental work in developing an adequate, whole- 

 some, and economical food supply and to the limited 

 hazard to the public health involved in such work 

 when conducted in accordance with applicable regu- 

 lations under the Federal Insecticide. Fungicide, and 

 Rodenticide Act. 



(k) Regulations based on public hearings before Jan- 

 uary 1, 1953. 

 Regulations affecting pesticide chemicals in or 

 on raw agricultural commodities which are pro- 

 mulgated under the authority of section 346 <a) of 

 this title upon the basis of public hearings instituted 

 before January 1, 1953. in accordance with section 

 371 (a) of this title, shall be deemed to be regula- 

 tions under this section and shall be subject to 

 amendment or repeal as provided in subsection (m) 

 of this section. 



(I) Pesticides under Federal Insecticide, Fungicide, 

 and Rodenticide Act; functions of Administrator 

 of the Environmental Protection Agency; certifi- 

 cations; hearing; time limitation; opinion; regu- 

 lations. 

 The Administrator, upon request of any person 

 who has registered, or who has submitted an appli- 

 cation for the registration of, a pesticide under the 

 Federal Insecticide. Fungicide, and Rodenticide 

 Act, and whose request is accompanied by a copy 

 of a petition filed by such person under subsection 

 (d)(1) of this section with respect to a pesticide 

 chemical which constitutes, or is an ingredient of, 

 such pesticide, shall, within thirty days or within 

 sixty days if upon notice prior to the termination 

 of such thirty days the Administrator deems It nec- 

 essary to postpone action for such period, on the 

 basis of data before him, either — 



1 1 ) certify that such pesticide chemical is 

 useful for the purpose for which a tolerance or 

 exemption is sought: or 



(2) notify the person requesting the certifica- 

 tion of his proposal to certify that the pesticide 

 chemical does not appear to be useful for the pur- 

 pose for which a tolerance or exemption is sought. 

 or appears to be useful for only some of the pur- 

 poses for which a tolerance or exemption is 

 sought. 

 In the event that the Administrator takes 

 the action described in clause i2) of the preceding 

 sentence, the person requesting the certification, 

 within one week after receiving the proposed certifi- 

 cation, mas) either lA) request the Administrator 

 to certify on the basis of the proF>osed certifi- 

 cation; (Bi request a hearing on the proposed certi- 

 fication or the parts thereof objected to: or (C) re- 

 quest both such certification and such hearing. If no 

 such action is taken, the Administrator may by 

 order make the certification as proposed In the 

 event that the action described in clause lA) or (C) 

 is taken, the Administrator shall by order make the 

 certification as proposed with respect to such parts 

 thereof as are requested It ' the event a hearing 

 is requested, the Administrator shall provide 

 opportunity for a prompt hearing. Tlie certi- 

 fication of the Administrator as the result of 

 such hearing shall be made by order and shall be 



' So In original. Probably should read "In." 



based only on substantial evidence of record at the 

 hearing and shall set forth detailed findings of fact. 

 In no event shall the time elapsing between the 

 making of a request for a certification under this 

 subsection and final certification bj' the Admin- 

 istrator exceed one hundred and sixty days. 

 The Administrator shall submit with any certifica- 

 tion of usefulness under this subsection an opinion, 

 based on the data before him, whether the tolerance 

 or exemption proposed by the petitioner reasonably 

 reflects the amount of residue likely to result when 

 the pesticide chemical is used in the manner pro- 

 posed for the purpose for which ihe certification is 

 made. The Administrator, after due notice and op- 

 portunity for public hearing, is authorized to prom- 

 ulgate rules and regulations for carrying out the 

 provisions of this subsection. 



(m) .Amendment of regulations. 



The Administrator shall prescribe by regulations 

 the procedure by which regulations under this sec- 

 tion may be amended or repealed, and such pro- 

 cedure shall conform to the procedure provided in 

 this section for the promulgation of regulations es- 

 tablishing tolerances, including the appointment of 

 advisory committees and the procedure for refening 

 petitions to such committees. 



(n) Guaranties. 



The provisions of section 333 (c) of this title 

 with respect to the furnishing of guaranties shall 

 t>e applicable to raw agricultural commodities cov- 

 ered by this section. 



(0) Payment of fees: services or functions as condi- 

 tioned on ; waiver or refund of fees. 



The Administrator shall by regulation require the 

 payment of such fees as will in the aggregate, in the 

 judgment of the Administrator, be sufficient over a 

 reasonable term to provide, equip, and maintain an 

 adequate service for the performance of the Ad- 

 ministrators functions under this section. Under 

 such regulations, the performance of the Admin- 

 istrators services or other functions pursuant to this 

 section, including any one or more of the following. 

 may be conditioned upon the payment of such fees: 



(1) The acceptance of filing of a petition submitted 

 under subsection (d) of this section : i2) the promul- 

 gation of a regulation establishing a tolerance, or an 

 exemption from the necessity of a tolerance, under 

 this section, or the amendment or repeal of such 

 a regulation: <3> the referral of a ^petition or 

 proposal under this section to an advisory com- 

 mittee; i4i the acceptance for filing of objections 

 under subsection idi (5> of this section; or (5i 

 the certification and filing in court of a transcript 

 of the proceedings and the record under sub- 

 section (i) (2) of this section. Such regulations may 

 further provide for waiver or refund of fees in whole 

 or in part when in the judgment of the Administrator 

 such waiver or refund is equitable and not contrary 

 to the purposes of this subsection 



(As amended Nov. 18, 1971, Pub. L. 92-157, title m, 

 § 303(a), 85 Stat. 464; Oct. 21, 1972, Pub. L. 92-516, 

 § 3(3), 86 Stat. 998.) 



Amendments 

 1972— Subsecs. (d)(1), (e). (0- Pub. L. 92-516 sub- 



