230 



stltuted references to pesticide for references to economic 

 poison wherever appearing therein. 



1971 — Subsec. (g). Pub. L. 92-157 struck out ", which 

 the Secretary shall by rules and regulations prescribe." 

 appearing following "as compensation for their services 

 a reasonable per diem" prior to amendment in 1970. by 

 Pub. L. 91-515. which overlooked such language when 

 amending subsec. (g) as provided In 1970 Amendment 

 note. 



1970 — Subsec. (g) Pub L. 91-515 substituted provisions 

 authorizing members of an advisory committee to receive 

 compensation and travel expenses In accordance with sec- 

 tion 376(b) (5) |D| of this title, for provisions authorizing 

 such members to receive as compensation a reasonable 

 per diem for time actually spent on committee work, and 

 necessary traveling and subsistence expenses while serv- 

 ing away from their places of residence, 



1958— Subsec. (11(2). Pub. Lr 85-791. § 20(a), In first 

 sentence, substituted "transmitted by the clerk of the 

 court to the Secretary, or" for "served upon the Secretary, 

 or upon", substituted "file in the court the record of the 

 proceedings" for "certify and file In the court a transcript 

 of the proceedings and the record", and Inserted "as pro- 

 vided in section 2112 of Title 28", and which. In second 

 sentence, substituted "the filing of such petition" for 

 "such filing" 



Subsec. (11(3). Pub. L. 85-791, 5 20(b), In first sen- 

 tence, substituted "transmitted by the clerk of the court 

 to the Secretary of Agriculture, or" for "served upon the 

 Secretary of Agriculture, or upon", substituted "file In the 

 court the record of the proceedings" for "certify and file 

 In the court a transcript of the proceedings and the 

 record", and Inserted "as provided in section 2112 of Title 

 28". and. In second sentence, substituted "the filing of 

 such petition" for "such filing". 



§346b. Same; appropriations. 



There are authorize(i to be appropriated, out of 

 any moneys in the Treasury not otherwise appro- 

 priated, sucli sums as may be necessary for the 

 purpose and administration of sections 321 (q), (r), 

 342 (a) (2). and 346a of this title. (July 22, 1954. 

 ch. 559, § 4, 68 Stat. 517.) 



SXJBCHAPTER VII.— GENERAL ADMINISTRATIVE 

 PROVISIONS 



§371. Regulations and hearings. 



(a) Authority to promulgate regulations. 



The authority to promulgate regulations for the 

 efficient enforcement of this chapter, except as 

 otherwise provided in this section, is vested in the 

 Secretary. 



(b) Regulations for imports and exports. 



The Secretary of the Treasury and the Secretary 

 of Health, Education, and Welfare shall jointly pre- 

 scribe regulations for the efficient enforcement of 

 the provisions of section 381 of this title, 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 

 Health, Education, and Welfare shall determine. 



(c) Conduct of hearings. 



Hearings authorized or required by this chapter 

 shall be conducted by the Secretary of Health, Edu- 

 cation, and Welfare or such officer or employee as he 

 may designate for the purpose. 



(d) EITectiveness of definitions and standards of iden- 

 tity. 



The definitions and standards of Identity promul- 



gated in accordance with the provisions of this 

 chapter shall be effective for the purposes of the 

 enforcement of this chapter, notwithstanding such 

 definitions and standards as may be contained In 

 other laws of the United States and regulations pro- 

 mulgated thereunder. 



(e) Procedure for establishment. 



(1) Any action for the issuance, amendment, or 

 repeal of any regulation under section 341, 343(j), 

 344(a), 346, 351(b), or 352 (d) or (h) of this title 

 shall be begun by a proposal made (A) by the Sec- 

 retary on his own initiative, or (B) by petition of 

 any interested person, ."howing reasonable grounds 

 therefor, filed with the Secretary. The Secretary 

 shall publish such proposal and shall afford all 

 interested persons an opportunity to present their 

 views thereon, orally or in writing. As soon as 

 practicable thereafter, the Secretary shall by order 

 act upon such proposal and shall make such order 

 public. Except as provided in paragraph (2) of this 

 subsection, the order shall become effective at such 

 time as may be specified therein, but not prior to the 

 day following the last day on which objections may 

 be filed under such paragraph, 



(2) On or before the thirtieth day after the date 

 on which an order entered under paragraph (1) of 

 this subsection is made public, any person who will 

 be adversely affected by such order if placed in effect 

 may file objections thereto with the Secretary, speci- 

 fying with particularity the provisions of the order 

 deemed objectionable, stating the grounds therefor, 

 and requesting a public hearing upon such objec- 

 tions. Until final action upon such objections is 

 taken by the Secretary under paragraph (3) of this 

 subsection, the filing of such objections shall operate 

 to stay the effectiveness of those provisions of the 

 order to which the objections are made. As soon 

 as practicable after the time for filing objections has 

 expired the Secretary shall publish a notice in the 

 Federal Register specifying those parts of the order 

 which have been stayed by the filing of objections 

 and, if no objections have been filed, stating that 

 fact. 



(3 ) As soon as practicable after such request for a 

 public hearing, the Secretary, after due notice, shall 

 hold such a public hearing for the purpose of receiv- 

 ing evidence relevant and material to the Issues 

 raised by such objections. At the hearing, any in- 

 terested person may be heard in person or by repre- 

 sentative. As soon as practicable after completion 

 of the hearing, the Secretary shall by order act upon 

 such objections and make such order public. Such 

 order shall be based only on substantial evidence of 

 record at such hearing and shall set forth, as part 

 of the order, detailed findings of fact on which the 

 order is based. The Secretary shall specify in the 

 order the date on which it shall take effect, except 

 that it shall not be made to take effect prior to the 

 ninetieth day after its publication unless the Secre- 

 tary finds that emergency conditions exist necessi- 

 tating an earlier effective date, in which event the 

 Secretary shall specify in the order his findings as 

 to such conditions. 



