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87th Congress, H. R. 4510

March 22, 1961

AN ACT

To provide a special program for feed grains for 1961.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That section 105 of Feed grain prothe Agricultural Act of 1949, as amended, is amended by adding the gram, 1961. following new subsection:

"(c) Notwithstanding any other provision of law—

"(1) The level of price support for the 1961 crop of corn shall be established by the Secretary at such level not less than 65 per centum of the parity price therefor as the Secretary may determine. Price support for corn and grain sorghums shall be made available on not to exceed the normal production of the 1961 acreage of corn and grain sorghums of each eligible farm based on its average yield per acre for the 1959 and 1960 crop acreage. "(2) The Secretary shall require as a condition of eligibility for price support on the 1961 crop of corn, grain sorghums, and any other feed grain which he may designate that the producer shall participate in the special agricultural conservation program for 1961 for corn and grain sorghums to the extent prescribed by the Secretary."

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72 Stat. 994.

7 USC 1441 note. Price support.

SEC. 2. Section 16 of the Soil Conservation and Domestic Allotment Conservation. Act, as amended, is amended by adding the following new subsection: 49 Stat. 1151; "(c) Notwithstanding any other provision of law

70 Stat. 1115.

"(1) The Secretary shall formulate and carry out a special agri- 16 USC 590p. cultural conservation program for 1961, without regard to provisions which would be applicable to the regular agricultural conservation program, under which, subject to such terms and conditions as the Secretary determines, conservation payments in amounts determined by the Secretary to be fair and reasonable shall be made to producers who divert acreage from the production of corn and grain sorghums to an approved conservation use and increase their average acreage devoted in 1959 and 1960 to designated soil conserving crops or practices by an equal amount: Provided, however, That any producer may elect in lieu of such payment to devote such diverted acreage to castor beans, safflower, sunflower, or sesame, if designated by the Secretary. Such special agricultural conservation program shall require the producer to take such measures as the Secretary may deem appropriate to keep such diverted acreage free from insects, weeds, and rodents. The acreage eligible for payments in cash or in an equivalent amount in kind under such conservation program shall be an acreage 75 STAT. 6. equivalent to 20 per centum of the average acreage on the farm 75 STAT. 7. planted to corn and grain sorghums in the crop years 1959 and 1960 or up to twenty acres, whichever is greater. Such payments in cash or in kind at the basic county support rate may be made on an amount of corn and grain sorghums not in excess of 50 per centum of the normal production of the acreage diverted from corn and grain sorghums on the farm based on its average yield per acre for the 1959 and 1960 crop acreage. Payments in kind only may be made by the Secretary for the diversion of up to an additional 20 per centum of such corn and grain sorghum acreage. Payments in kind on such additional acreage may be made at the basic county support rate on an amount of corn and grain sorghums not in excess of 60 per centum of the normal production of the acreage diverted from corn and grain sorghums on the farm based on its average yield per acre for the 1959 and 1960 crop acreage. The Secretary may make such adjustments in acreage

Payment by certificates.

Report to
Congress.

75 STAT. 7.

and yields for the 1959 and 1960 crop years as he determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop rotation practices, type of soil, and topography. The Secretary may make not to exceed 50 per centum of any payments to producers in advance of determination of performance.

"(2) There are hereby authorized to be appropriated such amounts as may be necessary to enable the Secretary to carry out this section 16(c). Obligations may be incurred in advance of appropriations therefor and the Commodity Credit Corporation is authorized to advance from its capital funds such sums as may be necessary to pay administrative expenses in connection with such program during the fiscal year ending June 30, 1961, and to pay such costs as may be included in carrying out section 3 of the Act which added this subsection to this Act.

"(3) The Secretary shall provide by regulations for the sharing of payments under this subsection among producers on the farm on a fair and equitable basis and in keeping with existing contracts."

SEC. 3. Payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the 1961 Feed Grain Program authorized by this Act. In the case of any certificate not presented for redemption within 30 days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning 30 days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate.

SEC. 4. Not later than 90 days after the effective date of this Act the Secretary shall submit to the Congress a detailed report, including estimates where final figures are not available, setting forth but not limited to the number and percent of cooperators under this Act, the acreage retired from production by States, the cash payments made, the quantity and kind of feed grains made available under the payment-in-kind provisions of the Act and the value thereof, the overall cost of the program, the estimated savings compared with the program in effect before this Act became effective, and such other information as will indicate the progress, cost, and reduction of surpluses under this Act.

Approved March 22, 1961.

87th Congress, S. 1028

March 29, 1961

AN ACT

75 STAT. 18.

To amend the transitional provisions of the Act approved August 7, 1959, entitled "Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959".

Nematocide, Plant Regulator, Defoliant, and Desiccant

Amendment of 1959, amend

ment.

7 USC 135 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (a) of section 3 of the Nematocide, Plant Regulator, Defoliant, and Desiccant Amendment of 1959 (Public Law 86-139, 73 Stat. 286, 287) is amended by deleting the comma and the word "or" appearing at the end of clause (1) and adding at the end of such clause a colon and the following: "Provided, That with respect to any nematocide, plant regulator, defoliant, or desiccant whose use results in residue remaining in or on a food at the time of introduction into interstate commerce and which use had commercial application prior to January 1, 1958, the Secretary may prescribe a date beyond March 5, 1961, on the basis of a determination that such action will not be unduly detrimental to the public interest and is necessary to avoid hardships: Provided further, That such date shall not be extended beyond (i) the date on which an order with respect to the use of such product under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 68 Stat. 511. 346a) becomes effective or (ii) the date on which any extension granted under paragraph (b) of this section is terminated, or”. Approved March 29, 1961.

87th Congress, H. R. 3980

April 7, 1961

AN ACT

75 STAT. 42.

To amend the transitional provisions of the Act approved September 6, 1958, entitled "An Act to protect the public health by amending the Federal Food, Drug, and Cosmetic Act to prohibit the use in food of additives which have not been adequately tested to establish their safety", and for other purposes.

Food Additives

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Food Additives Transitional Provisions Amendment Transitional of 1961".

Provisions Amendment of 1961.

SEC. 2. Subsection (c) of section 6 of the Food Additives Amendment of 1958 (Public Law 85-929, 72 Stat. 1784, 1788) is amended by 21 USC 342 note. inserting in such subsection, at the end thereof, the following: "Whenever the Secretary has, pursuant to clause (1) (B) of this subsection, extended the effective date of section 3 of this Act to March 5, 1961, or has on that date.a request for such extension pending before him, with respect to any such particular use of a food additive, he may, not withstanding the parenthetical time limitation in that clause, further extend such effective date, not beyond June 30, 1964, under the authority of that clause (but subject to clause (2)) with respect to such use of the additive (or a more limited specified use or uses thereof) if, in addition to making the findings required by clause (1) (B), he finds (i) that bona fide action to determine the applicability of such section 409 to such use or uses, or to develop the scientific data 21 USC 348. necessary for action under such section, was commenced by an interested person before March 6, 1960, and was thereafter pursued with reasonable diligence, and (ii) that in the Secretary's judgment such extension is consistent with the objective of carrying to completion in good faith, as soon as reasonably practicable, the scientific investigations necessary as a basis for action under such section 409. The Termination Secretary may at any time terminate an extension so granted if he power. finds that it should not have been granted, or that by reason of a change in circumstances the basis for such extension no longer exists, or that there has been a failure to comply with a requirement for submission of progress reports or with other conditions attached to such extension."

7 USC 135

SEC. 3. Paragraph (b) of section 3 of the Nematocide, Plant Regu- Nematocides, lator, Defoliant, and Desiccant Amendment of 1959 (Public Law plant regu86-139, 73 Stat. 286, 288) is amended by inserting in such paragraph, lators, etc. at the end thereof, the following: "Whenever the Secretary of Health, note. Education, and Welfare has, pursuant to clause (1) of this paragraph (b), prescribed an additional period expiring on March 5, 1961, or has on that date a request for such extension pending before him, with respect to any such particular use of a nematocide, plant regulator, defoliant, or desiccant, he may, notwithstanding the provision to the contrary in such clause (1), further extend the expiration date, not beyond June 30, 1964, applicable under such clause (1) (but subject to clause (2)) with respect to such use of such substance (or a more limited specified use or uses thereof), if, in addition to making the findings required by clause (1), he finds (A) that bona fide action to determine the applicability of such section 408 to such 68 Stat. 511. use or uses, or to develop the scientific data necessary for action under 21 USC 346a. such section, was commenced by an interested person before March 6, 1960, and was thereafter pursued with reasonable diligence, and (B) that in the Secretary's judgment such extension is consistent with the objective of carrying to completion in good faith, as soon as reasonably practicable, the scientific investigations necessary as a basis for

Termination

power.

75 STAT. 43.

action under such section 408. The Secretary may at any time terminate an extension so granted if he finds that it should not have been granted, or that by reason of a change in circunstances the basis for such extension no longer exists, or that there has been a failure to comply with a requirement for submission of progress reports or with other conditions attached to such extension."

Approved April 7, 1961.

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