An Act to amend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, to provide for labeling of economic poisons with registration numbers, to eliminate registration under protest, and for other purposes
PL 88-305 (S.1605), enacted 05/12/1964

190 
PUBLIC LAW 88-305-MAY 12, 1964 
[78 STAT. 
Condition. 
Cancellation of 
certain charges. 
of all kinds, and water rights held for the benefit of the unit, to an 
organization or association in form and powers satisfactory to the 
Secretary, representing the owners of the lands served by the unit: 
Provided^ That as a condition to said conveyance, the grantee shall 
assume full and sole responsibility for the future care, operation, and 
maintenance of the unit, for which the LTnited States shall have no 
further responsibility; and shall hold the United States free of all loss 
or liability for damages or injuries, direct or consequential, caused by 
the existence or operation of the unit or any of its features or struc-
tures, from and after the date of its conveyance. 
SEC. 2, Upon conveyance of the Piegan unit of the Blackfeet Indian 
irrigation project as provided for in section 1 of this Act, the Secretary 
is authorized to cancel all accrued operation and maintenance charges 
and all construction charges with respect to the said unit. 
Approved April 30, 1964. 
Public Law 88-305 
May 12, 1964 
[S. 1605] 
Federal Insecti-
cide, Fungicide, 
and Rodenticide 
Act, amendment. 
73 Stat. 287. 
Economic 
poisons. 
AN. ACT 
Registration 
and labeling. 
Appeal proce-
dures. 
To amend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 
to provide for labeling of economic poisons with registration numbers, to elim-
inate registration under protest, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United 
States 
of America 
in Congress assembled, 
That section 
2.z.(*2)(b) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (61 Stat. 163, as amended, 7 U.S.C., 1958 ed., Supp. I l l , 
135 (z) (2) (b)) is hereby amended by inserting before the semicolon 
at the end thereof the following phrase: "other than the registration 
number assigned to the economic poison". 
SEC. 2. Section 3 of said Act (61 Stat. 166; 7 U.S.C. 135a) is hereby 
amended by deleting the word "and" at the end of section 3,a.(2) (b), 
deleting the period at the end of section 3.a.(2) (c) and inserting in 
lieu thereof a semicolon and the word "and", and adding after section 
3.a.(2)(c), a new provision reading as follows: "(d) when required 
by regulation of the Secretary to effectuate the purposes of this Act, 
the registration number assigned to the article under this Act." 
SEC. 3. Section 4 of said Act (61 Stat. 167; 7 U.S.C. 135b) is hereby 
amended by changing the word "registrant" wherever it appears in 
subsection a. and in the first sentence of subsection c. to "applicant for 
registration" and by deleting the remainder of subsection c. and insert-
ing in lieu thereof the following: 
"If, upon receipt of such notice, the applicant for registration does 
not make the corrections, the Secretary shall refuse to register the 
article. The Secretary, in accordance with the procedures specified 
herein, may suspend or cancel the registration of an economic poison 
whenever it does not appear that the article or its labeling or other 
material required to be submitted complies with the provisions of this 
Act. 
Whenever the Secretary refuses registration of an economic 
poison or determines that registration of an economic poison should be 
canceled, he shall notify the applicant for registration or the registrant 
of his action and the reasons therefor. Whenever an application for 
registration is refused, the applicant, within thirty days after service 
of notice of such refusal, may file a petition requesting that the matter 
be referred to an advisory committee or file objections and request a 
public hearing in accordance with this section. 
A cancellation of 
78 STAT. ] 
PUBLIC LAW 88-305-MAY 12, 1964 
191 
registration shall be effective thirty days after service of the foregoing 
notice unless within such time the registrant (1) makes the necessary 
corrections; (2) files a petition requesting that the matter be referred 
to an advisory committee; or (3) files objections and requests a public 
hearing. Each advisory committee shall be composed of experts, qual- 
Advisory com-
ified in the subject matter and of adequately diversified professional 
background selected by the National Academy of Sciences and shall 
include one or more representatives from land-grant colleges. The 
size of the committee shall be determined by the Secretary. Members 
compensation. 
of an advisory committee shall receive as compensation for their serv-
ices a reasonable per diem, which the Secretary shall by rules and regu-
lations prescribe, for time actually spent in the work of the committee, 
and shall in addition be reimbursed for their necessary traveling and 
subsistence expenses while so serving away from their places of resi-
dence, all of which costs may be assessed against the petitioner, unless 
the committee shall recommend in favor of the petitioner or unless the 
matter was referred to the advisory committee oy the Secretary. The 
members shall not be subject to any other provisions of law regarding 
the appointment and compensation of employees of the United States. 
The Secretary shall furnish the committee with adequate clerical and 
other assistance, and shall by rules and regulations prescribe the pro-
cedures to be followed by the committee. The Secretary shall forth-
Avith submit to such committee the application for registration of the 
article and all relevant data before him. The petitioner, as well as 
i-epresentatives of the United States Department of Agriculture, shall 
have the right to consult with the advisory committee. As soon as 
practicable after any such submission, but not later than sixty days 
thereafter, unless extended by the Secretary for an additional sixty 
days, the committee shall, after independent study of the data sub-
mitted by the Secretary and all other pertinent information available 
to it, submit a report and recommendation to the Secretary as to the 
registration of the article, together with all underlying data and a 
statement of the reasons or basis for the recommendations. After due ^Findings o
f 
consideration of the views of the committee and all other data before 
him, the Secretary shall, within ninety days after receipt of the report 
and recommendations of the advisory committee, make his determina-
tion and issue an order, with findings of fact, with respect to registra-
tion of the article and notify the applicant for registration or 
registrant. The applicant for registration, or registrant, may, within 
sixty days from the date of the order of the Secretary, file objections 
thereto and request a public hearing thereon. In the event a hearing is 
requested, the Secretary shall, after due notice, hold such public hear-
ing for the purpose of receiving evidence relevant and material to the 
issues raised by such objections. 
Any report, recommendations, 
underlying data, and reasons certified to the Secretary by an advisory 
committee shall be made a part of the record of the hearing, if relevant 
and material, subject to the provisions of section 7(c) of the Adminis-
trative Procedure Act (5 U.S.C. 1006(c)). The National Academy of 
^° stat. 24i. 
Sciences shall designate a member of the advisory committee to appear 
and testify at any such hearing with respect to the report and recom-
mendations of such committee upon request of the Secretary, the 
petitioner, or the officer conducting the hearing: Provided, That this 
shall not preclude any other member of the advisory committee from 
appearing and testifying at such hearing. As soon as practicable after 
bindings and 
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conclusions* 
completion of the hearing, but not later than ninety days, the Secretary 
shall evaluate the data and reports before him, act upon such objec-
tions and issue an order granting, denying, or canceling the registra-
fact. 
Public hear-
ings. 
192 
PUBLIC LAW 88-305-MAY 12, 1964 
[78 STAT. 
, tion or requiring modification of the claims or the labeling. Such order 
shall be based only on substantial evidence of record at such hearing, 
including any report, recommendations, underlying data, and reason 
certified to the Secretary by an advisory committee, and shall set forth 
detailed findings of fact upon which the order is based. In connection 
with consideration of any registration or application for registration 
under this section, the Secretary may consult with any other Federal 
agency or with an advisory committee appointed as herein provided. 
^V^*c** ^^^* 
Notwithstanding the provisions of section 3.c.(4), information rela-
tive to formulas of products acquired by authority of this section may 
be revealed, when necessary under this section, to an advisory commit-
tee, or to any Federal agencj-^ consulted, or at a public hearing, or in 
findings of fact issued by the Secretary. All data submitted to an 
advisory committee in support of a petition under this section shall be 
Use of data. 
cousidercd confidential by such advisory committee: Provided^ That 
this provision shall not be construed as prohibiting the use of such data 
by the committee in connection with its consultation with the petitioner 
or representatives of the United States Department of Agriculture, 
as provided for herein, and in connection with its report and recom-
suspension o
f 
mendatious to the Secretary. Notwithstanding any other provision 
regis ra ion. 
^^ ^j^^^ sectiou, tile Secretary may, when he finds that such action is 
necessary to prevent an imminent hazard to the public, by order, 
suspend the registration of an economic poison immediately. In such 
case, he shall give the registrant prompt notice of such action and 
afford the registrant the opportunity to have the matter submitted to 
an advisory committee and for an expedited hearing under this section. 
Final orders of the Secretary under this section shall be subject to 
judicial review, in accordance wdth the provisions of subsection d. 
In no event shall registration of an article be construed as a defense for 
61 Stat. 166. 
ii^g commission of any offense prohibited under section 3 of this Act." 
7 use 135a. 
g^^ ^ Sectiou 4 of said Act (61 Stat. 167; 7 U.S.C. 135b) is hereby 
further amended by redesignating subsections d. and e. as subsections 
e. and f., and by adding a new subsection d., as follows: 
Judicial review. 
;;^ 
j ^ ^ ^^^^ ^^ actual coutrovcrsy as to the validity of any order 
Appeals."" ° 
under this section, any person who will be adversely affected by such 
order may obtain judicial review by filing in the United States court 
of appeals for the circuit wherein such person resides or has his princi-
])al place of business, or in the United States Court of Appeals for 
the District of Columbia Circuit, within sixty days after the entry 
of such order, a petition praying that the order be set aside in whole 
or in part. 
A copy of the petition shallbe forthwith transmitted by 
the clerk of the court to the Secretary, or any officer designated by him 
for that purpose, and thereupon the Secretary shall file in the court 
the record of the proceedings on which he based his order, as provided 
72 Stat. 941. 
in sectiou 2112 of title 28, United States Code. Upon the filing of 
such petition the court shall have exclusive jurisdiction to affirm or set 
aside the order complained of in w^hole or in part. 
The findings of 
the Secretary with respect to questions of fact shall be sustained if 
supported by substantial evidence when considered on the record as 
a whole, including any report and recommendation of an advisory 
dence" °"^^ ^"^' committec. 
If application is made to the court for leave to adduce 
additional evidence, the court may order such additional evidence to 
be taken before the Secretary, and to be adduced upon the hearing in 
such manner and upon such terms and conditions as to the court may 
seem proper, if such evidence is material and there were reasonable 
grounds for failure to adduce such evidence in the proceedings below. 
78 STAT.J 
PUBLIC LAW 88-306-MAY 14, 1964 
193 
The Secretary may modify his findings as to tlie facts and order by 
reason of the additional evidence so taken, and shall file with the court 
such modified finding and order. 
The judgment of the court affirm-
ing or setting aside, m whole or in part^ any order under this section 
shall be final, subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 1254 of 
title 18 of the United States Code. The commencement of proceedings 
under this section shall not, unless specifically ordered by the court 
to the contrary, operate as a stay of an order. 
The court shall advance 
on the docket and expedite the disposition of all causes filed therein 
pursuant to this section.'' 
SEC. 5. The first sentence of section S.b. of said Act (61 Stat. 170; 
7 U.S.C. 135f.(b)) is hereby amended by deleting that part beginning 
with the second proviso therein down to, but not including, the period 
at the end thereof. 
SEC. 6. Section 3.a.(l) and section 9.a.(l) (b) of said Act (61 Stat. 
166, 170; 7 U.S.C. 135a.(a) (1), 135g.(a) (1) (b)) are hereby amended 
by changing the phrase "has not been registered'" wherever it appears 
therein, to read "is not registered"'. 
SEC. 7. This Act and the amendments made hereby shall become 
effective upon enactment, and all existing registrations under protest 
issued under said Federal Insecticide, Fungicide, and Rodenticide 
Act shall thereupon terminate. 
Approved May 12, 1964. 
Review by U.S. 
Supreme Court. 
Penalties. 
Effective date. 
Termination of 
certain existing 
registrations. 
Public Law 88-306 
AN ACT 
To amend section 309(e) of the Communications Act of 1934, as amended, to 
require that petitions for intervention be filed not more than thirty days after 
publication of the hearing issues in the Federal Register. 
May 14, 1964 
[S. 1193] 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That section 309(e) 
of the Communications Act of 1934, as amended, is amended to read 
as follows: 
"(e) If, in the case of any application to which subsection (a) of 
this section applies, a substantial and material question of fact is 
presented or the Commission for any reason is unable to make the find-
ing specified in such subsection, it shall formally designate the applica-
tion for hearing on the ground or reasons then obtaining and shall 
forthwith notify the applicant and all other known parties in interest 
of such action and the grounds and reasons therefor, specifying with 
particularity the matters and things in issue but not including issues 
or requirements phrased generally. 
When the Commission has so 
designated an aj)plication for hearing, the parties in interest, if any, 
who are not notified by the Commission of such action may acquire 
the status of a party to the proceeding thereon by filing a petition for 
intervention showing the basis for their interest not more than thirty 
days after publication of the hearing issues or any substantial amend-
ment thereto in the Federal Register. Any hearing subsequently held 
upon such application shall be a full hearing in which the applicant 
and all other parties in interest shall be permitted to participate. The 
burden of proceeding with the introduction of evidence and the burden 
of proof shall be upon the applicant, except that with respect to any 
issue presented by a petition to deny or a petition to enlarge the issues, 
such Durdens shall be as determined by the Commission." 
Approved May 14, 1964. 
Communications 
Act of 1934, 
amendment. 
Petitions for 
intervention. 
74 Stat. 891. 
47 u s e 309.