An Act to protect the public health by amending the Federal Food, Drug, and Cosmetic Act so as to authorize the use of suitable color additives in or on foods, drugs, and cosmetics, in accordance with regulations prescribing the conditions (including maximum tolerances) under which such additives may be safely used
PL 86-618 (S.2197), enacted 07/12/1960

74 STAT.] 
PUBLIC L
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397 
Public Law 86-618 
AN ACT 
July 12, I960 
To protect the public health by amending the Federal Food, Drug, and Cos- 
^^' ^'^^^ 
metic Act so as to authorize the use of suitable color additives in or on 
foods, drugs, and cosmetics, in accordance with regulations prescribing the 
conditions (including maximum tolerances) under which such additives may 
be safely used. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may ASenVmtnTs o
f 
be cited as the "Color Additive Amendments of 1960". 
iseo. 
TITLE I—AMENDMENTS TO THE FEDEKAL FOOD, 
DRUG, AND COSMETIC ACT 
DEFINITIONS 
SBO. 101. Section 201, as amended, of the Federal Food, Drug, 
and Cosmetic Act is further amended as follows: 
72^stat?*i784.'*°' 
(a) Paragraph (s) of such section (defining the term "food addi- 
21 use 321. * 
tive") is amended oy redesignating clause (3) as clause (4), and by 
inserting immediately before clause (4), as so redesignated, the 
following new clause: 
"(3) a color additive; or". 
(b) Paragraph (t) of such section is redesignated and otherwise 
amended to read as follows: 
"(u) The term 'safe', as used in paragraph (s) of this section and 
in sections 409 and 706, has reference to the health of man or animal." 
(c) There is inserted, immediately after paragraph (s) of such sec-
tion, the following new paragraph: 
"(t) (1) The term 'color additive' means a material which— 
"(A) is a dye, pigment^ or other substance made by a process 
of synthesis or similar artifice, or extracted, isolated, or otherwise 
derived, with or without intermediate or final change of identity, 
from a vegetable, animal, mineral, or other source, and 
"(B) when added or applied to a food, drug, or cosmetic, or 
to the human body or any part thereof, is capable (alone or 
through reaction with other substance) of imparting color 
thereto; 
except that such term does not include any material which the Secre-
tary, by regulation, determines is used (or intended to be used) solely 
for a purpose or purposes other than coloring. 
"(2) The term 'color' includes black, white, and intermediate grays. 
"(3) Nothing in subparagraph (1) of this paragraph shall be 
construed to apply to any pesticide chemical, soil or plant nutrient, 
or other agricultural chemical solely because of its effect in aiding, 
retarding, or otherwise affecting, directly or indirectly, the growth 
or other natural physiological processes of produce of the soil and 
thereby affecting its color, whether before or after harvest." 
COLORS OR COLORED ARTICLES 
W H E N DEEMED TO BE ADULTERATED OR 
MISBRANDED FOODS, DRUGS, OR COSMETICS 
Food 
SEC. 102. (a)(1) Clause (2) (A) of section 402(a), as amended, H^^i^'3^^l°' 
of such Act (relating to food deemed adulterated by reason of unsafe 
additives) is further amended by striking out the matter within the 
parentheses and inserting in lieu thereof the following: "other than 
398 
PUBLIC LAW 86-618-JULY 12, 1960 
[74 STAT. 
one which is (i) a pesticide chemical in or on a raw agricultural 
commodity; (ii)afood additive; or (iii) a color additive". 
21 us^c 34°2.^' 
(2) Section 402(c), as amended, of such Act (relating to food 
deemed adulterated by reason of uncertified coal-tar color) is amended 
to read as follows: 
21 vie a
V
^
I
.
*
* 
" (^) ^^ ^^ ^^i o^ ^^ ''^^^^^ ^^ contains, a color additive which is unsafe 
within the meaning of section 706(a)." 
21 use 343. 
(3) Section 403 of such Act (relating to the circumstances under 
which food is deemed misbranded) is amended by adding at the end 
thereof the following new paragraph: 
"(m) If it is a color additive, unless its packaging and labeling 
are in conformity with such packaging and labeling requirements, 
applicable to such-color additive, as may be contained in regulations 
issued under section 706." 
Drugs 
21 us^c 3M?' 
(b) (1) Clause (4) of section 501 (a) of such Act (relating to drugs 
deemed adulterated by reason of uncertified coal tar color) is amended 
to read as follows: "(4) if (A) it is a dru^ which bears or contains, 
for purposes of coloring only, a color additive which is unsafe within 
21 use 376. 
ii^Q meaning of section 706(a), or (B) it is a color additive the 
intended use of which in or on drugs is for purposes of coloring only 
and is unsafe within the meaning of section 706 (a)." 
21 us^c3s°2.°' 
(2) Section 502 of such Act (relating to the circumstances under 
which drugs are deemed misbranded) is amended by adding at the 
end thereof the following new paragraph: 
"(m) If it is' a color additive the mtended use of which in or on 
drugs is for the purpose of coloring only, unless its packaging and 
labeling are in conformity with such packaging and laoeling require-
ments applicable to such color additive, as may be contained in regu-
lations issued under section 706." 
Cosmetics 
2iu#c3^6f** 
(c)(1) Section 601(e) of such Act (relating to cosmetics, other 
than hair dyes, deemed adulterated by reason of uncertified coal tar 
color) is amended to read as follows: 
"(e) If it is not a hair dye and it is, or it bears or contains, a color 
21 use 376. 
additive which is unsafe within the meaning of section 706(a)." 
21 use 362. 
(2) Section 602 of such Act (relating to the circumstances under 
which cosmetics shall be deemed to be misbranded) is amended by 
adding at the end thereof the following new paragraph: 
"(e) If it is a color additive, unless its packa^ng and labeling 
are in conformity with such packaging and labeling requirements, 
applicable to such color additive, as may be contained in regulations 
issued under section 706. This paragraph shall not apply to packages 
of color additives which, with respect to their use for cosmetics, are 
marketed and intended for use only in or on hair dyes (as defined in 
the last sentence of section 601 (a))." 
REGULATIONS TO ASSURE SAFETY OF COLOR ADDITIVES FOR FOODS, DRUGS, 
AND COSMETICS 
S E C 103. (a) Such Act is further amended by— 
21 use 346. 
(1) repealing subsection (b) of section 406 and striking out 
the subsection designation " ( a ) " after "SEC. 406." in such section; 
21 use 354. 
^2^ repealing section 504; 
21 use 364. 
(3) repealing section 604; and 
21 use 371. 
(4) amending section 701(e) by (A) striking out "406 (a) or 
74 S T A T . ] 
PUBLIC LAW 86-618-JULY 12, 1960 
399 
(b)'" and inserting in lieu thereof "406"; (B) striking out "504, 
or 604,-'; and (C) inserting the word "or" after "501(b),". 
(b) Section 706 of such Act is amended to read as follows: 
if ^^ i^l^-
"LISTING AND CERTIFICATION OF. COLOR ADDITIVES FOR FOODS, DRUGS, AND 
COSMETICS 
"When Color Additives Deemed Unsafe 
"SEC. 706. (a) A color additive shall, with respect to any piirticular 
use (for which it is being used or intended to be used or is repre-
sented as suitable) in or on food or drugs or cosmetics, be deemed 
unsafe for the purposes of the application of section 402(c), section io|^^ f^fV. ^^'^^' 
501 (a) (4), or section 601 (e), as the case may be, unless— 
36i^^^^ ^'*^' ^^^' 
"(1) (A) there is in effect, and such additive and such use are 
in conformity with, a regulation issued under subsection (b) of 
this section listing such additive for sucli use, including any 
provision of such regulation prescribing the conditions vmder 
which such additive may be safely used, and (B) such additive 
either (i) is from a batch certified, in accordance with regula-
tions issued pursuant to subsection (c), for such use, or (ii) has, 
with respect to such use, been exempted by the Secretary from 
the requirement of certification; or 
"(2) such additive and such use thereof conform to the terms 
of an exemption which is in effect pursuant to subsection (f) 
of this section. 
While there are in effect regulations under subsections (b) and (c) 
of this section relating to a color additive or an exemption pursuant 
to subsection (i) with respect to such additive, an article shall not, by 
reason of bearing or containing such additive in all respects in accord-
ance with such regulations or such exemption, be considered adulter-
ated within the meaning of clause (1) of section 402(a) if such article 
21 use 342, 361. 
is a food, or within the meaning of section 601(a) if such article is a 
cosmetic other than a hair dye (as defined in the last sentence of sec-
tion 601(a)). 
"Listing of Colors 
"(b) (1) The Secretary, shall, by regulation, provide for separately 
listing color additives for use in or on food, color additives for use in 
or on drugs, and color additives for use in or on cosmetics, if and to 
the extent that such additives are suitable and safe for any such use 
when employed in accordance with such regulations. 
"(2) (A) Such regulations may list any color additive for use gen-
erally in or on food, or in or on drugs, or in or on cosmetics, if the 
Secretary finds that such additive is suitable and may safely be em-
ployed for such general use. 
" (B) If the data before the Secretary do not establish that the addi-
tive satisfies the requirements for listing such additive on the appli-
cable list pursuant to subparagraph (A) of this paragraph, or if the 
proposal is for listing such additive for a more limited use or uses, 
such regulations may list such additive only for any more limited use 
or uses for which it is suitable and may safely be employed. 
"(3) Such regulations shall, to the extent deemed necessary by the 
Secretary to assure the safety of the use or uses for which a particular 
color additive is listed, prescribe the conditions under which such ad-
ditive may be safely employed for such use or uses (including, but not 
limited to, specifications, hereafter in this section referred to as toler-
ance limitations, as to the maximum quantity or quantities which may 
be used or permitted to remain in or on the article or articles in or on 
which it is used; specifications as to the manner in which such additive 
400 
PUBLIC L
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[74 STAT. 
may be added to or used in or on such article or articles; and directions 
or other labeling or packaging requirements for such additive). 
"(4) The Secretary shall not list a color additive under this section 
for a proposed use unless the data before him establish that such use, 
under the conditions of use specified in the regulations, will be safe: 
Provided^ however^ That a color additive shall be deemed to be suitable 
and safe for the purpose of listing under this subsection for use gen-
erally in or on food, while there is in effect a published finding of the 
Secretary declaring such substance exempt from the term 'food addi-
tive' because of its being generally recognized by qualified experts as 
21 use 321. 
gg^fg jfQj, j^g intended use, as provided in section 201 (s). 
"(5) (A) In determining, for the purposes of this section, whether 
a proposed use of a color additive is safe, the Secretary shall consider, 
among other relevant factors— 
"(i) the probable consumption of, or other relevant exposure 
from, the additive and of any substance formed in or on food, 
drugs, or cosmetics because of the use of the additive; 
"(ii) the cumulative effect, if any, of such additive in the diet 
of man or animals, taking into account the same or any chemically 
or pharmacologically related substance or substances m such diet; 
"(iii) safety factors which, in the opinion of experts qualified 
by scientific training and experience to evaluate the safety of color 
additives for the use or uses for which the additive is proposed 
to be listed, are generally recognized as appropriate for the use 
of anim.al experimentation data; and 
"(iv) the availability of any needed practicable methods of 
analysis for determining the identity and quantity of (I) the pure 
dye and all intermediates and other impurities contained in such 
color additive, (II) such additive in or on any article of food, 
drug, or cosmetic, and (III) any substance formed in or on such 
article because of the use of such additive. 
"(B) A color additive (i) shall be deemed unsafe, and shall not be 
listed, for any use which will or may result in ingestion of all or part 
of such additive, if the^ additive is found by the Secretary to induce 
cancer when ingested by man or animal, or if it is found by the Secre-
tary, after tests which are appropriate for the evaluation of the safety 
of additives for use in food, to induce cancer in man or animal, and 
(ii) shall be deemed unsafe, and shall not be listed, for any use which 
will not result in ingestion of any part of such additive, if, after tests 
which are appropriate for the evaluation of the safety of additives for 
such use, or after other relevant exposure of man or animal to such 
additive, it is found by the Secretary to induce cancer in man or 
animal. 
"(C) (i) In anj^ proceeding for the issuance, amendment, or repeal 
of a regulation listing a color additive, whether commenced by a 
proposal of the Secretary on his own initiative or by a proposal con-
tained in a petition, the petitioner, or any other person who will be 
adversely affected by such proposal or b
y
_ the Secretary's order issued 
21 use 371. 
in accordance with paragraph (1) of section 701(e) if placed in effect, 
may request, within the time specified in this subparagraph, that the 
petition or order thereon, or the Secretary's proposal, be referred to 
an advisory committee for a report and recommendations with respect 
to any matter arising under subparagraph (B) of this paragraph, 
which is involved in such proposal or order and which requires the 
exercise of scientific judgment. Upon such request, or if the Secretary 
within such tinie deems such a referral necessary, the Secretary shall 
forthwith appoint an advisory committee under subparagraph (D) of 
this paragraph and shall refer to it, together with all the data before 
him, such matter arising under subparagraph (B) for study thereof 
74 S T A T . ] 
PUBLIC LAW 86-618-JULY 12, 1960 
401 
and for a report and recommendations on such matter. 
A person wlio 
has filed a petition or who has requested the referral of a matter to an 
advisory committee pursuant to this subparagraph (C), as well as 
representatives of the Department of Health, Education, and Welfare, 
shall have the right to consult with such advisory committee in con-
nection with the matter referred to it. 
The request for referral 
under this subparagraph, or the Secretary's referral on his own initia-
tive, may be made at any time before, or within thirty days after, 
publication of an order of the Secretary acting upon the petition or 
proposal. 
"(ii) Within sixty days after the date of such referral, or within an 
additional thirty days if the committee deems such additional time 
necessary, the committee shall, after independent study of the data 
furnished to it by the Secretary and other data before it, certify to the 
Secretary a report and recommendations, together with all underlying 
data and a statement of the reasons or basis for the recommendations. 
A copy of the foregoing shall be promptly supplied by the Secretary 
to any person who has filed a petition, or who has requested such re-
ferral to the advisory committee.- Within thirty days after such certi-
fication, and after giving due consideration to all data then before 
him, including such report, recommendations, underlying data, and 
statement, and to any prior order issued by him in connection with 
such matter, the Secretary shall by order confirm or modify any order 
theretofore issued or, if no such prior order has been issued, shall by 
order act upon the petition or other proposal, 
"(iii) Where—. 
"(I) by reason of subparagraph (B) of this paragraph, the 
Secretary has initiated a proposal to remove from listing a color 
additive previously listed pursuant to this section; and 
"(II) a request has been made for referral of such proposal to 
an advisory committee; 
the Secretary may not act by order on such proposal until the advisory 
committee has made a report and recommendations to him under clause 
(ii) of this subparagraph and he has considered such recommenda-
tions, unless the Secretary finds that emergency conditions exist 
necessitating the issuance of an order notwithstanding this clause. 
"(D) The advisory committee referred to in subparagraph (C) 
of this paragraph shall be composed of experts selected by the Na-
tional Academy of Sciences, qualified in the subject matter referred 
to the committee and of adequately diversified professional back-
ground, except that in the event of the inability or refusal of the 
National Academy of Sciences to act, the Secretary shall select the 
members of the committee. 
The size of the committee shall be 
determined by the Secretary. 
Members of an advisory committee 
shall receive as compensation for their services a reasonable per 
diem, which the Secretary shall by rules and regulations 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 residence. 
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 
procedure to be followed by the committee. 
"(6) The Secretary shall not list a color additive under this sub-
section for a proposed use if the data before him show that such 
proposed use would promote deception of the consumer in violation 
of this Act or would otherwise result in misbranding or adulteration 
within the meaning of this Act. 
48322 0-61-26 
*02 
PUBLIC LAW 86-618-JULY 12, 1960 
[74 STAT. 
"(7) If, in the judgment of the Secretary, a tolerance limitation 
is required in order to assure that a proposed use of a color additive 
will be safe, the Secretary— 
"(A) shall not list the additive for such use if he finds that 
the data before him do not establish that such additive, if used 
within a safe tolerance limitation, would achieve the intended 
physical or other technical effect; and 
"(B) shall not fix such tolerance limitation at a level higher 
than he finds to be reasonably required to accomplish the intended 
physical or other technical effect. 
"(8) If, having regard to the aggregate quantity of color additive 
likely to be consumed in the diet or to be apjilied to tjie human body, 
the Secretary finds that the data before him fail to show that it would 
be safe and otherwise permissible to list a color additive (or pharma-
cologically related color additives) for all tlie uses proposed therefor 
and at the levels of concentration proposed, tlie Secretary shall, in 
determining for which use or uses such additive (or sucli related 
additives) shall be or remain listed, or how the aggregate allowable 
safe tolerance for such additive or additives shall be allocated by him 
among the uses under consideration, take into account, among other 
relevant factors (and subject to the paramount criterion of safety), 
(A) the relative marketability of the articles involved as affected by 
the proposed uses of the color additive (or of such related additives) 
in or on such articles, and the relative dependence of the industries 
concerned on such uses; (B) the relative aggregate amounts of such 
color additive which he estimates Avould be consumed in the diet 
or applied to the human body by reason of the various uses and levels 
of concentration proposed; and (C) the availability, if any, of other 
color additives suitable and safe for one or more of the uses proposed. 
"Certification of Colors 
"(c) The Secretary shall further, by regulation, provide (1) for 
the certification, with safe diluents or without diluents, of batches 
of color additives listed pursuant to subsection (b) and conforming 
to the requirements for such additives established by regulations 
under siich subsection and this subsection, and (2) for exemption from 
the requirement of certification in the case of any such additive, or 
any listing or use thereof, for which he finds such requirement |iot 
to be necessary in the interest of the protection of the public health: 
Provided^ That, with respect to any use in or on food for which a 
listed color additive is deemed to be safe by reason of the proviso to 
paragraph (4) of subsection (b), the requirement of certification 
shall be deemed not to be necessary in the iiiterest of public health 
protection. 
"Procedure for Issuance, Amendment, or Repeal of Regulations 
52stjrt.^io5s. 
"(d) ,The provisions of section 701 (e), (f), and (g) of this Act 
shall, subject to the provisions of subparagraph (C) of subsection 
(b) (5) of this section, apply to and in all respects govern proceedings 
for the issuance, amendment, or repeal of regulations under subsection 
(b) or (c) of this section (including judicial review of the Secretary's 
action in such proceedings) and the admissibility of transcripts of the 
record of such proceedings in other proceedings, except that— 
"(1) if the proceeding is commenced by the filing of a petition, 
notice of the proposal made by the petition shall be published in 
general terms by the Secretary within thirty days after such filing, 
and the Secretary's order (required by paragraph (1) of section 
701(e)) acting upon such proposal shall, in the absence of prior 
74 S T A T . ] 
PUBLIC LAW 86-618-JULY 12, 1960 
403 
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 day), 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 rea-
sons certified to the Secretary by an advisory committee appointed 
pursuant to subparagraph (D) of subsection (b) (5) of this sec-
tion, 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 
eostat. 24i. 
advisory committee shall designate a member to appear and testify 
at any such hearing with respect to the report and recommenda-
tions of such committee upon request of the Secretary, the peti-
tioner, 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 
H st|t,. ^m?. 
"(4) the scope of judicial review of such order shall be in ac-
cordance with the fourth sentence of paragraph (2), and with the 
provisions of paragraph (3), of section 409 (g). 
^2 sta^ iias. 
"Fees 
"(e) The admitting to listing and certification of color additives, in 
accordance with regulations prescribed under this Act, shall be per-
formed 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." 
CONFIDENTIALITY OF TRADE SECRETS 
SEC. 104. Section 301 (j), as amended, of such Act, prohibiting dis- 
H ^*|^- g
^
l
'
f
^
^
. 
closure of trade secrets, is amended by striking out "or 704" and in-
serting in lieu thereof "704, or 706". 
CHANGES IN CROSS-REFERENCES AND TERMINOLOGY 
SEC. 105. Such Act is further amended by— 
(a) striking out, in section 301 (i) thereof (relating to forgeiy 
H ^s'c 3
^
3
*
u
^
* 
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 
52 stat. 1043. 
to color manufacturer's guarantee), the word "coal-tar" wher- 
"' 
^' 
ever it appears in such clause, and (2) inserting after the word 
404 
PUBLIC LAW 86-618-JULY 12, 1960 
[74 STAT. 
"color", wherever it appears in such clause, the word "additive"; 
and 
2?us%34°2^/' 
(c) striking out "harmless coloring" in section 402(d) (re-
lating to nonnutritive substances in confectionery) and inserting 
in lieu thereof "authorized coloring". 
TITLE 
II—EFFECTIVE 
DATE, 
TBANSITIONAL 
PKOVI-
SIONS, 
AND 
EFFECT 
ON 
OTHER 
LAWS 
DEFINITIONS 
SEC. 201. As used in this title, the tqrm "basic Act" means the 
li vie 301.°' 
Federal Food, Drug, and Cosmetic Act; the term "enactment date" 
means the date of enactment of this Act; and other terms, insofar 
as also used in the basic Act (whether before or after enactment of 
this Act) shall have the same meaning as they have, or had when in 
effect, under the basic Act. 
EFFECTIVE DATE 
SEC. 202. This Act shall, subject to the provisions of section 203, 
take effect on the enactment date. 
PROVISIONAL LISTINGS OF COMMERCIALLY ESTABLISHED COLORS 
SEC. 203. (a) (1) The purpose of this section is to make possible, on 
an interim basis for a reasonable period, through provisional listings, 
the use of commercially established color additives to the extent con-
sistent with the public health, pending the completion of the scientific 
investigations needed as a basis for m ^ i n g determinations as to listing 
of such additives under the basic Act as amended by this Act. 
A 
provisional listing (including a deemed provisional listing) of a color 
additive under this section for any use shall, unless sooner terminated 
or expiring under the provisions of this section, expire (A) on the 
closing date (as defined in paragraph (2) of this subsection) or (B) 
on the effective date of a listing of such additive for such use under 
21 use 3
^
7
6
.
^
" 
^section 706 of the basic Act, whichever date first occurs. 
(2) For the purposes of this section, the term "closing date" means 
(A) the last day of the two and one-half year period beginning on the 
enactment date or (B), with respect to a particular provisional listing 
(or deemed provisional listing) of a color additive or use thereof, such 
later closing date as the Secretary may from time to time establish 
pursuant to the authority of this paragraph. 
The Secretary may by 
regulation, upon application of an interested person or on his own 
initiative, from time to time postpone the original closing date with 
respect to a provisional listing (or deemed provisional listing) under 
this section of a specified color additive, or of a specified use or uses of 
such additive, for such period or periods as he finds necessary to carry 
out the purpose of this section, if in the Secretary's judgment such 
action is consistent with the objective of carrying to completion in 
good faith, as soon as reasonably practicable, the scientific investiga-
tions necessary for making a determination as to listing such additive, 
or such specified use or uses thereof, under section 706 of the basic Act. 
The Secretary may terminate a postponement of the closing date at 
any time if he finds that such postponement should not have been 
granted, or that by reason of a cnange in circumstances the basis for 
such postponement 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 postponement. 
74 S T A T . ] 
PUBLIC LAW 86-618-JULY 12, 1960 
405 
(b) Subject to the other provisions of this section— 
(1) any color additive which, on the day preceding the enact-
ment date, was listed and certifiable for any use or uses under 
section 406(b), 504, or 604, or under the third proviso of section ^
^
^
s 2
^ st|U. ^^049. 
402(c), of the basic Act, and of which a batch or batches had 
21 use 346,354, 
been certified for such use or uses prior to the enactment date, and '*"*• ^^^' 
(2) any color additive which was commercially used or sold 
prior to the enactment date for any use or uses in or on any food, 
drug, or cosmetic, and which either, (A), on the day preceding 
the enactment date, was not a material within the purview of any 
of the provisions of the basic Act enumerated in paragraph (1) 
of this subsection, or (B) is the color additive known as synthetic 
beta-carotene, 
shall, beginning on the enactment date, be deemed to be provisionally 
listed under this section as a color additive for such use or uses. 
(c) Upon request of any person, the Secretary, by regulations issued 
under subsection (d), shall without delay, if on the basis of the data 
before him he deems such action consistent with the protection of the 
public health, provisionally .list a material as a color additive for any 
use for which it was listed, and for which a batch or batches of such 
material had been certified, under section 406(b), 504, or 604 of the 
basic Act prior to the enactment date, although such color was no 
longer listed and certifiable for such use under such sections on the 
day preceding the enactment date. Such provisional listing shall take 
effect on the date of publication. 
(d) (1) The Secretary shall, by regulations issued or amended from 
time to time under this section— 
(A) insofar as practicable promulgate and keep current a list 
or lists of the color additives, and'of the particular uses thereof, 
which he finds are deemed provisionally listed under subsection 
(b), and the presence of a color additive on such a list with respect 
to a particular use shall, in any proceeding under the basic Act, 
be conclusive evidence that such provisional listing is in effect; 
(B) provide for the provisional listing of the color additives 
and particular uses thereof specified in subsection (c); 
(C^ provide, with respect to particular uses for which color 
additives are or are deemed to be provisionally listed, such tem-
porary tolerance limitations (including such limitations at zero 
level) and other conditions of use and labeling or packaging 
requirements, if any, as in his judgment are necessary to protect 
the public health pending listing under section 706 of the basic 
21 us^c s'vl.*' 
Act; 
(D) provide for tlie certification of batches of such color addi-
tives (with or without diluents) for the uses for which they are 
so listed or deemed to be listed under this section, except that such 
an additive which is a color additive deemed provisionally listed 
under subsection (b) (2) of this section shall be deemed exempt 
from the requirement of such certification while not subject to a 
tolerance limitation; and 
(E) provide for the termination of a provisional listing (or 
deemed provisional listing) of a color additive or particular use 
thereof fortliwith whenever in his judgment such action is neces-
sary to protect the public health. 
(2) (A) Except as provided in subparagraph (C) of this paragraph, 
regulations under this section shall, from time to time, be issued, 
amended, or repealed by the Secretary without regard to the require-
ments of the basic Act, but for the purposes of the application of 
section 706(e) of the basic Act (relating to fees) and of determining 
the availability of appropriations of fees (and of advance deposits 
406 
PUlBUC LAW 86-618-JULY 12, 1960 
[74 STAT. 
to cover fees), proceedings, regulations, and certifications under this 
section shall be deemed to be proceedings, regulations, and certifica-
tions under such section 706. Regulations providing for fees (and 
advance deposits to cover fees), which on the day preceding the enact-
ment date were in effect pursuant to section 706 of the basic Act, shall 
be deemed to be regulations under such section 706 as amended by 
this Act, and appropriations of fees (and advance deposits) available 
for the purposes specified in such section 706 as in effect prior to the 
enactment date shall be available for the purposes specified in such 
section 706 as so amended. 
(B) If the Secretary, by regulation— 
(i) has terminated a provisional listing (or deemed provisional 
listing) of a color additive or particular use thereof pursuant 
to paragraph (1) (E) of this subsection; or 
(ii) has, pursuant to paragraph (1)(C) or paragraph (3) of 
this subsection, initially established or rendered more restrictive 
a tolerance limitation or other restriction or requirement with 
respect to a provisional listing (or deemed provisional listing) 
which listing had become effective prior to such action, 
any person adversely affected by such action may, prior to the expira-
tion of the period specified in clause (A) of subsection (a) (2) of 
this section, file with the Secretary a petition for amendment of such 
regulation so as to revoke or modify such action of the Secretary, but 
the filing of such petition shall not operate to stay or suspend the 
effectiveness of such action. 
Such petition shall, in accordance with 
regulations, set forth the proposed amendment and shall contain data 
(or refer to data which are before the Secretary or of which he will 
take official notice), which show that the revocation or modification 
proposed is consistent with the protection of the public health. 
The 
Secretary shall, after publishing such proposal and affording all 
interested persons an opportunity to present their views tliereon orally 
or in writing, act upon such proposal by published order. 
(C) Any person adversely affected by an order entered under sub-
paragraph (B) of this paragraph may, within thirty'days after its 
publication, file objections thereto with the Secretary, specifying 
with particularity the provisions of the order deemed objectionable, 
stating reasonable grounds for such objections, and requesting a public 
hearing upon such objections. 
The Secretary shall hold a public 
hearing on such objections and shall, on the basis of the evidence ad-
duced at such hearing, act on such objections by published order. 
Such order may reinstate a terminated provisional listing, or increase 
or dispense with a previously established temporary tolerance limita-
tion, or make less restrictive any other limitation established by him 
under paragraph (1) or (3) of this subsection, only if in his judg-
ment the evidence so adduced shows tliat such action will be con-
sistent with the protection of the public health. 
An order entered 
under this subparagraph shall be subject to judicial review in accord-
21 vie 37*"* 
^^^® ^^^^ section 701 (f) of the basic Act except that the findings and 
order of the Secretary shall be sustained only if based upon a fair 
evaluation of the entire record at such hearing. 
No stay or suspension 
of such order shall be ordered by the court pending conclusion of 
such judicial review. 
(D) On and after the enactment date, regulations, provisional list-
ings, and certifications (or exemptions from certification) in effect 
under tliis section shall, for the purpose of determining whether an 
article is adulterated or misbranded within the meaning of the basic 
Act by reason of its being, bearing, or containing a color additive, 
have the same effect as would regulations, listings, and certifications 
(or exemptions from certification) under section 706 of the basic Act. 
74 S T A T . ] 
PUBLIC LAW 86-619-JULY 12, 1960 
407 
A legulation, provisional listing or termination thereof, tolerance 
limitation, or certification or exemption therefrom, under this section 
shall not be the basis for any presumption or inference in any proceed-
ing under section 706 (b) or (c) of the basic Act. 
(3) For the purpose of enabling the Secretary to carry out his func-
tions under paragraphs (1) (A) and (C) of this subsection with re-
spect to color additives deemed provisionally listed, he shall, as soon as 
practicable after enactment of this Act, afford by public notice a rea-
sonable opportunity to interested persons to submit data relevant 
thereto. If the data so submitted or otherwise before him do not, in 
his judgment, establish a reliable basis for including such a color addi-
tive or particular use or uses.thereof in a list or lists promulgated under 
paragraph (1) (A), or for determining the prevailing level or levels 
of use thereof prior to the enactment date with a view to prescribing 
a temporary tolerance or tolerances for such use or uses under para-
graph (1) (C), the Secretary shall establish a temporary tolerance lim-
itation at zero level for such use or uses until such time as he finds that 
it would not be inconsistent with the protection of the public health 
to increase or dispense with such temporary tolerance limitation. 
EFFECT ON MEAT INSPECTION AND POULTRY PRODUCTS INSPECTION ACTS 
SEC. 204. Nothing in this Act shall be construed to exempt any meat 
or meat food product, poultry or poultry product, or any person from 
any requirement imposed by or pursuant to the Meat Inspection Act 
of March 4, 1907, 34 Stat. 1260, as amended or extended (21 U.S.C. 
71 and the following), or the Poultry Products Inspection Act (21 
7istat. 441. 
U.S.C. 451 and the following). 
Approved July 12, 1960. 
Public Law 86-619 
AN ACT 
July 12, 1960 
To make uniform provisions of law with respect to tlie terms of ofHce of the 
^ 
meml>ers of certain regulatory agencies. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the second ^jReguiatoryagen-
sentence of the first section of the Federal Power Act (16 U.S.C. 792) ^p^^'™^ ",^ °"^'^
is amended to read as follows: "Their successors shall be appointed ° 4Tstatl'^797. 
each for a term of five years from the date of the expiration of the term 
for which his predecessor was appointed and until his successor is ap-
pointed and has qualified, except that he shall not so continue to serve 
beyond the expiration of the next session of Congress subsequent to the 
expiration of said fixed term of office, and except that any person ap-
pointed to fill a vacancy occurring prior to the expiration of the term 
for which his predecessor was appointed shall be appointed cmly for 
the unexpired term." 
SEC. 2. The first sentence of subsection (c) of section 4 of the Com-
munications Act of 1934 (47 U.S.C. 154(b)) is amended to read as 
'•^ s*^*- ^°*'-
follows: "The Commissioners first appointed under this Act shall 
continue in office for the terms of one, two, three, four, five, six, and 
seven years, respectively, from the date of the taking effect of this 
Act, the term of each to be designated by the President, but their suc-
cessors shall be appointed for terms of seven years and until their 
successors are appointed and have qualified, except that they shall not 
continue to serve beyond the expiration of the next session of Congress 
subsequent to the expiration or said fixed term of office; except that 
any person chosen to fill a vacancy shall be appointed only for the un-
expired term of the Commissioner whom he succeeds."