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 81 STAT.] " 'Ax

PUBLIC LAW 9 0 - 1 8 5 - D E C. 11, 1967 IXTERSTATE CoMPACT To CoNSEKVE O i L AXD G A S " 'ARTICLE I

" 'This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the States of Texas, Oklahoma, California, Kansas, and New Mexico have ratified and Congress has given its consent. Any oil-producing state may become a party hereto as hereinafter provided. " 'ARTICLE

II

" 'The purpose of this compact is to conserve oil and gas by the }n-evention of physical waste thereof from any cause. " 'ARTICLE i n

" 'Each state bound hereby agrees that within a reasonable time it will enact laws, or if the laws have been enacted, then it agrees to continue the same in force, to accomplish within reasonable limits the prevention of: " '(a) The operation of any oil well with an inefficient gas-oil ratio. " ' (b) The drowning with water of any stratum capable of producing oil or gas, or both oil and gas, in paying quantities. " '(c) The avoidable escape into the open air or the wasteful burning of gas from a natural gas well. ' " (d) The creation of unnecessary fire hazards. ' " (e) The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof. " ' (f) The inefficient, excessive or improper use of the reservoir energy in producing any well. " 'The enumeration of the foregoing subjects shall not limit the scope of the authority of any state. " 'ARTICLE IV

" 'Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas. " 'ARTICLE V

" ' I t is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations. " 'ARTICLE VI

" 'Each State joining herein shall appoint one representative to a commission hereby constituted and designated as "The Interstate Oil Compact Commission", the duty of which said commission shall be to make inquiry and ascertain from time to time such methods, [practices, circumstances, and conditions as may be disclosed for bringing about conservation and the prevention of phj^sical waste of oil and

561

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 562

PUBLIC LAW 90-185-DEC. 11, 1967

[81 STAT.

gas, and at such intervals as said commission deems beneficial it shall report its findings and recommendations to the several States for adoption or rejection. " 'The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures for the maximum ultimate recovery of oil and gas. Said Commission shall organize and adopt suitable rules and regulations for the conduct of its business. " ' N o action shall be taken by the Commission except: (1) by the affirmative votes of the majority of the whole number of the compacting States represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting States at said meeting, such interest to be determined as follows: such vote of each State shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting States during said period. " 'ARTICLE VII

" 'No State by joining herein shall become financially obligated to any other State, nor shall the breach of the terms hereof by any State subject such State to financial responsibility to the other States joining herein. " 'ARTICLE VIII

" 'This compact shall expire September 1, 1937. But any State joining herein may, upon sixty (60) days notice, withdraw herefrom. " 'The representatives of the signatory States have signed this agreement in a single original which shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the Governor of each of the signatory states. " 'This compact shall become effective when ratified and approved as provided in Article I. Any oil-producing State may become a party hereto by affixing its signature to a counterpart to be similarly deposited, certified, and ratified.' "Whereas, the said Interstate Compact to Conserve Oil and Gas has heretofore been duly renewed and extended with the consent of the Congress to September 1, 1967; and "Whereas, it is desired to renew and extend the said Interstate Compact to Conserve Oil and Gas for a period of four (4) years from September 1, 1967, to September 1, 1971: "Now, therefore, this writing witnesseth: " I t is hereby agreed that the Compact entitled 'An Interstate Compact To Conserve Oil and Gas' executed in the City of Dallas, Texas, on the 16th day of February, 1935, and now on deposit with the Department of State of the United States, a correct copy of which appears above, be, and the same hereby is, extended for a period of four (4) years from September 1, 1967, its present date of expiration, to September 1, 1971. This agreement shall become effective when executed, ratified, and approved as provided in Article I of the original Compact. "The signatory States have executed this agreement in a single original which shall be deposited in the archives of the Department of State of the United States and a duly certified copy thereof shall be forwarded to the Governor of each of the signatory States. Any oilproducing state may become a party hereto by executing a counterpart of this agreement to be similarly deposited, certified, and ratified.

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 81 STAT.]

PUBLIC LAW 90-185-DEC. 11, 1967

"Executed by the several undersigned states, at their several state capitols, through their proper officials on the dates as shown, as duly authorized by statutes and resohitions, subject to the limitations and qualifications of the acts of the respective State Legislatures. "THE STATE OF ALABAMA "By GEORGE C. WALLACE, Governor "Dated: Aug. 11, 1966 "Attest: MRS. AGNES BAGGETT, Secretary of State (SEAL)

"THE STATE OF ALASKA "By W I L L L O i A. EGAN, Governor "Dated.-July 13, 1966 "Attest: HUGH J. WADE, Secretary of State (SEAL)

"THE STATE OF ARIZONA "By SAMUEL P. GODDARD, Governor "Dated: March 8, 1966 "Attest: WESLEY BOLIN, Secretary of State (SEAL)

"THE STATE OF ARKANSAS "By ORVAL E. FAUBUS, Governor "Dated: May 3, 1966 "Attest: KELLY BRYANT, Secretary of State (SEAL)

"THE STATE OF COLORADO "By JOHN A. LOVE, Governor "Dated: January 13, 1966 "Attest: BYRON A. ANDERSON, Secretary of State (SEAL)

"THE STATE OF FLORIDA "By HAYDON BURNS, Governor "Dated: June 28, 1966 "Attest: TOM ADAMS, Secretary of State (SEAL)

"THE STATE OF ILLINOIS "By OTTO KERNER, Governor "Dated: January 24, 1966 "Attest: PAUL POWELL, Secretary of State (SEAL)

"THE STATE OF INDIANA "By ROGER D. BRANIGIN, Governor "Dated: May 31, 1966 "Attest: JOHN D. BOTTORFF, Secretary of State (SEAL)

563

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PUBLIC LAW 90-185-DEC. 11, 1967

[81 STAT.

"THE STATE OF KANSAS «By WM. H. AVERY, Governor "Dated: December 1, 1965 "Attest: PAUL R. SHANAHAN, Secretary of State (SEAL)

"THE STATE OF KENTUCKY "By EDWARD T. BREATHITT, Governor "Dated: 6-6-66 "Attest: THELMA L. STOVALL, Secretary of State (SEAL)

"THE STATE OF LOUISIANA "By JOHN J. McKEITHEN, Governor "Dated: November 22, 1965 "Attest: WADE O. MARTIN, Jr., Secretary of State (SEAL)

"THE STATE OF MARYLAND "By J. MILLARD TAWES, Governor "Dated: October 10, 1966 "Attest: LLOYD L. SIMPKINS, Secretary of State (SEAL)

"THE STATE OF MICHIGAN "By GEORGE ROMNE Y, Governor "Dated: 5/19/66 "Attest: JAMES M. HARE, Secretary of State (SEAL)

"THE STATE OF MISSISSIPPI "By PAUL B. JOHNSON, Governor "Dated: April 27 1966 "Attest: HEBER LADNER, Secretary of State (SEAL)

"THE STATE OF MONTANA "By TIM BABCOCK, Governor "Dated: Feb. 14, 1966 "Attest: FRANK MURRAY, Secretary of State (SEAL)

"THE STATE OF NEBRASKA "By FRANK B. MORRISON, Governor "Dated: Jan. 31, 1966 "Attest: FRANK MARSH, Secretary of State (SEAL)

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Rh profit or personal satisfaction to You?—With the greatest unappropriated revenue of any prince in Europe, have we not seen You reduced to such vile, and sordid distresses, as would have conducted any other man to a prison?—With a great military, and the greatest naval power in the known world, have not foreign nations repeatedly insulted You with impunity?—Is it not notorious that the vast revenues, extorted from the labour and industry of your subjects, and given You to do honour to Yourself and to the nation, are dissipated in corrupting their representatives?—Are You a prince of the House of Hanover, and do You exclude all the leading Whig families from your councils?—Do you profess to govern according to Law, and is it consistent with that profession, to impart your confidence and affection to those men only, who, though now perhaps detached from the desperate cause of the pretender, are marked in this country by an hereditary attachment to high and arbitrary principles of government?—Are you so infatuated as to take the sense of your people from the representation of ministers, or from the shouts of a mob, notoriously hired to surround your coach, or stationed at a theatre?


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 81 STAT.]

PUBLIC LAW 9 0 - 1 8 5 - D E C. 11, 1967

"THE STATE OF NEVADA "By GRANT SAWYER, Governor "Dated: June 17, 1966 "Attest: JOHN KOONTZ, Secretary of State (SEAL)

"THE STATE OF NEW MEXICO "By JACK M. CAMPBELL, Governor "Dated: 11-8-65 "Attest: ALBERTA MH^LER, Secretary of State (SEAL)

"THE STATE OF NEW YORK "By NELSON A. ROCKEFELLER, Governor "Dated: Nov. 28, 1966 "Attest: JOHN P. LOMENZO, Secretary of State (SEAL)

"THE STATE OF NORTH DAKOTA "By WtLLIAM L. GUY, Governor "Dated: Dec. 19, 1966 "Attest: BEN MEIER, Secretary of State (SEAL)

"THE STATE OF OHIO "By JAMES A. RHODES, Governor "Dated: July 25, 1966 "Attest: TED W. BROTVN, Secretary of State (SEAL)

"THE STATE OF OKLAHOMA "By HENRY BELLMON, Governor "Dated: November 15, 1965 "Attest: JAMES M. BULLARD, Secretary of State (SEAL)

"THE COMMONWEALTH OF PENNSYLVANIA "By WILLIAM W. SCRANTON, Governor "Dated: Sept. 16, 1966 "Attest: W. STUART HELM, Secretary of the Commonwealth (SEAL)

"THE STATE OF SOUTH DAKOTA "By NILS A. BOE, Governor "Dated: Sept. 26, 1966 "Attest: ALMA LARSON, Secretary of State (SEAL)

565

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 566

PUBLIC LAW 90-186-DEC. 12, 1967

[81 STAT.

"THE STATE OF TENNESSEE "By F R A N K G. C L E M E N T, Governor "Dated: 4-18-66 "Attest: J O E C. C A R E, Secretary of State (SEAL)

"THE STATE OF TEXAS "By JOHN CONNALLY, Governor "Dated: October 11 1965 "Attest": C R A W FOR D C. M A R T I N, Secretary of State (SEAL)

'THE STATE OF UTAH "By C A L VI N L. R A M P TO N, Governor "Dated: 4/11/66 "Attest: C L Y D E L. M I L L E R, Secretary of State (SEAL)

"THE STATE OF WEST VIRGINIA "By H U L E T T C. S M I T H, Governor "Dated: July 14, 1966 "Attest: R O B E R T D. B A I L E Y, Secretary of State (SEAL)

"THE STATE OF WYOMING "By C L I F FOR D P. H A N S E N, Governor "Dated: Jan. 18, 1966 "Attest: T H Y R A T H O M S O N, Secretary of State" (SEAL)

Report to Congres

Powers re-

served

g^^.^ 2. The Attomey General of the United States shall make a report to C o n f e s s not later than December 31, 1968, as to whether or not the activities of the States under the Interstate Compact To Conserve Oil and Gas have been consistent with the purpose as set out in article V of such compact. SEC. 3, x h c right to alter, amend, or repeal the provisions of the first section of this joint resolution is hereby expressly reserved. Approved December 11, 1967. Public Law 90-186

u

,o,...

AN ACT

December 12, 1967

[s. 343]

To provide that the Federal office building to be coustnic-ted in Detroit, Michigan, shall be named the " P a t r i c k V. McNamara Federal Office Building"' in memory of the late P a t r i c k V. McNamara, a Unite<l States Senator from the State of Michigan frcnn V.)ii~i to liMiH.

Be it enacfed by the /Senate and House of Representatives of the MNa"'^'a^F d United ^^tates of America in Congress assembled, That the Federal era! Office Build- office bullding to 1)6 constTucted iu Detroit, Michigan, shall be named ing, Michigan. fhc "Patrick V. McNamara Federal Office Building" in memory of the late Patrick V. McNamara, a distinguished member of the United States Senate from the State of Michigan from 1955 to 1966. Any reference to such building in any law, regulation, document, record,

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 81

STAT.]

PUBLIC LAW 90-188-DEC. 13, 1967

567

map, or other paper of the United States shall be deemed a reference to such building as the "Patrick V. McNamara Federal Office Building". Approved December 12, 1967.

Public Law 90-187 AN ACT

December 12, 1967

To aineiid the Art of July 4, 1!)W) (Public Law 81>-H)1).

[H. R. 8629]

Be it eyriacted by the l^eiuite and House of RepreHe'n,tatu)e>^ of the United /Staten of Ameriai m (Jonqrexx (i.s.sembled. That the Act of, American RevoI- 1

i/w./i / " / /i 1A

\i-/^\\

• 1

1

1 1

p n'

lution B i c e n t e n -

July 4,19h (80 Stat. 2.59), is hereby amended as lol lows: niai commission. 1. By adding in section 2(b) {'^) the words "the Secretary of Commerce,*' after the words, "the Se<'retary of Defense,". 2. By deleting in section 3(d) ihe words "two years after the date of the enactment of this Act,"' and inserting in lieu therecxf "July 4, 11)69.". following: "SKC. 7. (a) There is authorized to be appropriated not to exceed Appropriation. $45,0 for the period through fiscal year 1969." Approved December 12, 1967. Public Law 90-188 AN ACT
 * }. By deleting section 7(a) and inserting in lieu thereof the

To anieiicl the Federal Credit Union Act to modernize the loan and dividend provisions.

'December 13, 1967 rs 10851

'- '

•'

Be it enacted by the Senate and House of Repre^entativeti of the Federal Credit United States of Atnerlca in Congress assembled, Union Act, amendSECTIOX 1. Section 15 of the Federal (^redit Lmion Act (12 U.S.C. ment 1761c) is amended by striking out the words "up to the unsecured 7/01^*^*269^^' limit, or in excess of such limit if such excess is fully secured by unpledged shares'*. SEC. 2. Section 18 oftlie Federal Credit Union Act (12 U.S.C. 1763) 73 Stat. 634. is amended (1) by striking out the word "or" and inserting a comma in lieu thereof between "Annually'' and "semiannually" and by adding the words "or quarterly" after the word "semiannually"; and (2) by striking out the word "five" and inserting in lieu thereof the word "ten". Approved December 13, 1967.

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PUBLIC LAW 90-189-DEC. 14, 1967

[81 STAT.

Public Law 90-189 December 14, 1967

[s. 1003]

Flammable F a b r i c s Act, amendment.

'Commerce."

'Territory."

" A r t i c l e of wearing a p p a r e l. " Repeal.

" Interior furnishing."

"Fabric."

" R e l a t e d material."

"Product. 67 Stat. 111. 15 USC 119 2.

AN

rJ^^y amend the Flammable Fabrics Act to increase the protection afforded consumers against injurious flammable fabrics.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Flammable Fabrics Act (15 U.S.C. 1191; 67 Stat. I l l) is amended by(1) amending paragraph (b) to read as follows: "(b) The term 'commerce' means commerce among the several States or with foreign nations or in any territory of the United States or in the District of Columbia or between any such territory and another, or between any such territory and any State or foreign nation, or between the District of Columbia or the Commonwealth of Puerto Rico and any State or territory or foreign nation, or between the Commonwealth of Puerto Rico and any State or territory or foreign nation or the District of Columbia." (2) amending paragraph (c) to read as follows: "(c) The term 'territory* includes the insular possessions of the United States and also any territory of the United States." (3) amending paragraph (d) to reiid as follows: " (d) The term 'article of wearing apparel' means any costume or article of clothing worn or intended to be worn by individuals." (4) repealing paragraph (f); (5) redesignating paragraphs (e), (g), and (h) as paragraphs (f), (i), and (j),respectiv-ely; (6) inserting therein, immediately after paragraph (d), the following new paragraph: "(e) The term 'interior furnishing' means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used, in homes, offices, or other places of assembly or accommodation." (f) amending redesignated paragraph (f) to read as follows: "(f) The term 'fabric' means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used, in any product as defined in subsection (h). " (8) inserting therein, immediately after redesignated paragraph (f), the following new paragraphs: " (g) The term 'related material' means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subsection (h). " (h) The term 'product' means any article of wearing apparel or interior furnishing." SEC, 2, Section.3 of the Flammable Fabrics Act is amended to read as follows: uP R O H I B I T E D

Post,

p. 569.

ACT

TRANSACTIONS

"SEC. 3. (a) The manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment in commerce, of any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the provisions of section 4 of this Act, shall be unlaw-

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 81

STAT.]

PUBLIC LAW 90-189-DEC. 14, 1967

ful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act. _ " (b) The manufacture for sale, the sale, or the offering for sale, of any product made of fabric or related material which fails to conform to an applicable standard or regulation issued or amended under section 4 of this Act, and which has been shipped or received in commerce shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act." SEC. 3. Section 4 of the Flammable Fabrics Act is amended to read as follows:

569

isuscss!^'

^,1 frlf^",\n^^

"REGULATION OF FLAMMABLE FABRICS

"SEC. 4. (a) Whenever the Secretary of Commerce finds on the basis of the investigations or research conducted pursuant to section 14 of this Act that a new or amended flammability standard or other Post, p. 573. regulation, including labeling, for a fabric, related material, or product may be needed to protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage, he shall institute proceedings for the determination of an appropriate flammability standard (including conditions and manner of testing) or other regulation or amendment thereto for such fabric, related material, or product, " (b) Each standard, regulation, or amendment thereto promulgated pursuant to this section shall be based on findings that such standard, regulation, or amendment thereto is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death, injury, or significant property damage, is reasonable, technologically practicable, and appropriate, is limited to such fabrics, related materials, or products which have been determined to present such unreasonable risks, and shall be stated in objective terms. Each such standard, regulation, or amendment thereto, shall become effective twelve months from the date on which such standard, regulation, or amendment is promulgated, unless the Secretary of Commerce finds for good cause shown that an earlier or later effective date is in the public interest and publishes the reason for such finding. Each such standard or regulation or amendment thereto shall exempt fabrics, related materials, or products in inventory or with the trade as of the date on which the standard, regulation, or amendment thereto, becomes effective except that, if the Secretary finds that any such fabric, related material, or product is so highly flammable as to be dangerous when used by consumers for the purpose for which it is intended, he may under such conditions as the Secretary may prescribe, withdraw, or limit the exemption for such fabric, related material, or product, "(c) The Secretary of Commerce may obtain from any person by regulation or subpena issued pursuant thereto such information in the form of testimony, books, records, or other writings as is pertinent to the findings or determinations which he is required or authorized to make pursuant to this Act. All information reported to or otherwise obtained by the Secretary or his representative pursuant to this subsection which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, " s*^*- ^^ishall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or Avhen relevant in any proceed-

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PUBLIC LAW 90-189-DEC. 14, 1967

[81 STAT.

ing under this Act. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control, from the duly authorized committees of the Congress. " (d) The provisions of sections 551 through 559 of title 5, United An °e,^p^*54.^ ^' States Codc, shall apply to the issuance of all standards or regulations or amendments thereto under this section. Judicial review. " (e)(1) Any persou who will be adversely affected by any such standard or regulation or amendment thereto when it is effective may at any time prior to the sixtieth day after such standard or regulation or amendment thereto is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based the standard or regulation, as provided 72 Stat. 941. -j^ section 2112 of title 28 of the United States Code. "(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) 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. The Secretary may modify his findings, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendations, if any, for the modification or setting aside of his original standard or regulation or amendment thereto, with the return of such additional evidence. "(3) tipon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the standard or regulation in accordance with chapter 7 of title 5 of the 80 Stat. 392. United States Code and to grant appropriate relief as provided in 5 USC 701-706. such chapter. " (4) The judgment of the court affirming or setting aside, in whole or in part, any such standard or regulation of the Secretary 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 28 of the 62 Stat. 928. United States Code. "(5) Any action instituted under this subsection shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. "(6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law. rlceedi^^^s °^ "^^^ ^ Certified copy of the transcript of the record and proceedprocee ings. .^^^^ under subsection (e) shall be furnished by the Secretary to any interested party at his request, and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this Act, irrespective of whether proceedings with respect to the standard or regulation or amendment thereto have previously been initiated or become final under subsection (e)." lauon's! ""'^'^^"' SEC. 4. (a) Subsection (c) of section 5 of the Flammable Fabrics 67 Stat. 113. Act is amended to read as follows: 15 USC 1194.

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xxx —And if You are in reality, that public man, that King, that magistrate, which these questions suppose You to be, is it any answer to your people, to say, that, among your domestics, You are good-humoured,—that to one lady, You are faithful;—that to your children, You are indulgent?—Sir, the man who addresses You in these terms, is your best friend. He would willingly hazard his life in defence of your title to the crown; and, if power be your object, will still show you how possible it is for a King of England, by the noblest means, to be the most absolute prince in Europe. You have no enemies, Sir, but those who persuade You to aim at power without right, and who think it flattery to tell You, that the character of King dissolves the natural relation between guilt and punishment."

conceive that there is a heart so callous, or an understanding so depraved, as to attend to a discourse of this nature, and not to feel the force of it. But where is the man, among those who have access to the closet, resolute and honest enough to deliver it. The liberty of the press is our only resource. It will command an audience, when every


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PUBLIC LAW 90-189-DEC. 14, 1967

STAT.]

571

"(c) The Commission is authorized and directed to prescribe such rules and regulations, including provisions for maintenance of records relating to fabrics, related materials, and products, as may be necessary and proper for administration and enforcement of this Act. The violation of such rules and regulations shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act." (b) Subsection (d) of section 5 of the Act is amended by substituting "product," for "article of wearing apparel or" and by inserting "or related material" immediately after "fabric" in paragraph (1) thereof; and by striking out ", Territory, or possession or with the District of Columbia*' and inserting in lieu thereof "or territory or with the District of Columbia or the Commonwealth of Puerto Rico" in paragraph (2) thereof. SEC. 5. (a) Subsection (a) of section 6 of the Flammable Fabrics.

I

l

l

-

•

LL

t

1

•

' 1 1

Records.

^s sm. j^i?. 57 Stat. 113. is use 1194.

injunction and condemnation pro-

Act IS amended by inserting ", or a rule or regulation prescribed ceedings. under section 5(c)," immediately after "section 3 "; and by striking ^5 USC 1195. out "or in United States court of any Territory for the district or Territory in which such person resides or transacts business" and inserting in lieu thereof the following: "for the district in which such person resides or transacts business, or, if such person resides or transacts business in Guam or the Virgin Islands, then in the District Court of Guam or in the District Court of the Virgin Islands (as the case may be)". (b) Subsections (b), (c), and (d) of section 6 of the Flammable Fabrics Act are amended to read as follows: "(b) "Whenever the Commission has reason to believe that any product has been manufactured or introduced into commerce or any fabric or related material has been introduced in commerce in violation of section 3 of this Act, it may institute proceedings by process of libel ^"''^' P- ^^^• for the seizure and confiscation of such product, fabric, or related material in any district court of the United States within the jurisdiction of which such product, fabric, or related material is found. Proceedings in cases instituted under the authority of this section shall conform as nearly as may be to proceedings in rem in admiralty, except that on demand of either party and in the discretion of the court, any issue of fact shall be tried by jury. Whenever such proceedings involving identical products, fabrics, or related materials are pending in two or more jurisdictions, they may be consolidated for trial by order of any such court upon application seasonably made by any party in interest upon notice to all other parties in interest. Any court granting an order of consolidation shall cause prompt notification thereof to be given to other courts having jurisdiction in the cases covered thereby and the clerks of such other courts shall transmit all pertinent records and papers to the court designated for the trial of such consolidated proceedings. "(c) In any such action the court, upon application seasonably made before trial, shall by order allow any party in interest, his attorney or agent, to obtain a representative sample of the product, fabric, or related material seized. " (d) If such products, fabrics, or related materials are condemned by the court they shall be disposed of by destruction, by delivery to the owner or claimant thereof upon payment of court costs and fees and storage and other proj^er expenses and upon execution of good and sufficient bond to the effect that such products, fabrics, or related materials will not be disposed of until properly and adequately treated

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PUBLIC LAW 90-189-DEC. 14, 1967

[81 STAT.

or processed so as to render them lawful for introduction into commerce, or by sale upon execution of good and sufficient bond to the effect that such products, fabrics, or related materials will not be disposed of until properly and ade<^uately treated or processed so as to render them lawful for introduction into commerce. If such products, fabrics, or related materials are disposed of by sale the proceeds, less costs and charges, shall be paid into the Treasury of the United States." Vz fr^Q^^' }}a^

SEC. 6. Section 8 of the F l a m m a b l e F a b r i c s Act is amended to read as l o l l o w s: "GUARANTY

15 USC 1196.

" ^' ^'

'

Ante, p. 569.

15 us^c 58^ ^. ^ 15 USC 1198.

" SEC. 8. (a) N o person shall b e subject to prosecution under sect i o n 7 of t h i s Act for a violation of section 3 of t h i s Act if such person

(1) establishes a guaranty received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received, to the effect that reasonable and representative tests made in accordance with standards issued or amended under the provisions of section 4 of this Act show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of section 4 of this Act, and (2) has not, by further processing, affected the flammability of the fabric, related material, or product covered by the guaranty which he received. Such guaranty shall be either (1) a separate guaranty specifically designating the product, fabric, or related material guaranteed, in which case it may be on the invoice or other paper relating to such product, fabric, or related material; (2) a continuing guaranty given by seller to buyer applicable to any product, fabric, or related material sold or to be sold to buyer by seller in a form as the Commission by rules and regulations may prescribe; or (3) a continuing guaranty filed with the Commission applicable to any product, fabric, or related material handled by a guarantor, in such form as the Commission by rules or regulations may prescribe. " (b) I t shall be unlawful for any person to furnish, with respect to any product, fabric, or related material, a false guaranty (except a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received) with reason to believe the product, fabric, or related material falsely guaranteed may be introduced, sold, or transported in commerce, and any person who violates the provisions of this subsection is guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act." SEC. 7. Section 9 of the Flammable Fabrics Act is amended to read as follows: " S H I P M E N T S FROM FOREIGN COUNTRIES

5 2^sttr*io84^' 19 USC 1499.

"SEC. 9. An imported product, fabric, or related material to which flammability standards under this Act are applicable shall not be delivered from customs custody except as provided in section 499 of the Tariff Act of 1930, as amended. I n the event an imported product, fabric, or related material is delivered from customs custody under bond, as provided in section 499 of the Tariff Act of 1930, as amended,

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STAT.]

PUBLIC LAW 90-189-DEC. 14, 1967

and fails to conform with an applicable flammability standard iii effect on the date of entry of such merchandise, the Secretary of the Treasury shall demand redelivery and in the absence thereof shall assert a claim for liquidated damages for breach of a condition of the bond arising out of such failure to conform or redeliver in accordance with regulations prescribed by the Secretary of the Treasury or his delegate. When asserting a claim for liquidated damages against an importer for failure to redeliver such nonconforming goods, the liquidated damages shall be not less than 10 per centum of the value of the nonconforming merchandise if, within five years prior thereto, the importer has previously been assessed liquidated damages for failure to redeliver nonconforming goods in response to a demand from the Secretary of the Treasury as set forth above." SEC, 8. Section 11 of the Flammable Fabrics Act is amended to read as follows:

573

e? Stat. 115^

15 USC 1200.

"EXCLUSIONS

"SEC. 11. The provisions of this Act shall not apply (a) to any common carrier, contract carrier, or freight forwarder m transporting a product, fabric, or related material shipped or delivered for shipment into commerce in the ordinary course of its business; (b) to any converter, processor, or finisher m performing a contract or commission service for the account of a person subject to the provisions of this Act: Provided, That said converter, processor, or finisher does not cause any product, fabric, or related material to become subject to this Act contrary to the terms of the contract or commission service; or (c) to any product, fabric, or related material shipped or delivered for shipment into commerce for the purpose of finishing or processing such product, fabric, or related material so that it conforms with applicable flammability standards issued or amended under the provisions of section 4 of this Act." SEC. 9. Section 13 of the Flammable Fabrics Act is amended to read as follows:

^"'e, p. 569. is use 1191 note.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 13. There are hereby authorized to be appropriated $1,500,000 for the fiscal year ending June 30, 1968, and $2,250,000 each for the fiscal year ending June 30, 1969, and the fiscal year ending June 30, 1970, to carry out the provisions of this Act." SEC. 10. The Flammable Fabrics Act is further amended by adding ^^^^^^'^ ^^^^' 1200. at the end thereof the following new sections: 'INVESTIGATIONS

"SEC. 14. (a) The Secretary of Health, Education, and Welfare in cooperation with the Secretary of Commerce shall conduct a continuing study and investigation of the deaths, injuries, and economic losses. resulting from accidental burning of products, fabrics, or related materials. The Secretary of Health, Education, and Welfare shall sub- Report to President mit annually a report to the President and to the Congress containing"" " and e o n the results of the study and investigation, " (b) I n cooperation with appropriate public and private agencies, the Secretary of Commerce is authorized to— "(1) conduct research into the flammability of products, fabrics, and materials; "(2) conduct feasibility studies on reduction of flammability of products, fabrics, and materials; "(3) develop flammability test methods and testing devices; and

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 574

Report to Congress.

PUBLIC LAW 90-189-DEC. 14, 1967

[81 STAT.

" (4) offer appropriate training in the use of flammability test methods and testing devices. The Secretary shall annually report the results of these activities to the Congress. "EXPORTS

"SEC. 15. (a) This Act shall not apply to any fabric, related material, or product which is to be exported from the United States, if such fabric, related material, or product, and any container in which it is enclosed, bears a stamp or label stating that such fabric, related material, or product is intended for export and such fabric, related material, or product is in fact exported from the United States; except that this Act shall apply to any fabric, related material, or product manufactured for sale, offered for sale, or intended for shipment to any installation of the United States located outside of the United States. " (b) This Act shall not apply to any fabric, related material, or Xjroduct which is imported into the United States for dyeing, finishing, other processing, or storage in bond, and export from the United States, if such fabric, related material, or product, and any container in which it is enclosed, bears a stamp or label stating that such fabric, related material, or product is intended for export, and such fabric, related material, or product is in fact exported from the United States; except that this Act shall apply to any such imported fabric, related material, or product manufactured for sale, offered for sale, or intended for shipment to any installation of the United States located outside of the United States. uPREEMPTION

"SEC. 16. This Act is intended to supersede any law of any State or political subdivision thereof inconsistent with its provisions. " N A T I O N A L ADVISORY COMMITTEE FOR THE FLAMMABLE FABRICS ACT

"SEC. 17. (a) The Secretary of Commerce shall appoint a National Advisory Committee for the Flammable Fabrics Act, composed of not less than nine members, fairly representative of manufacturers, distributors, and the consuming public. Each member appointed by the Secretary shall hold office for not more than two years, except that any member may be reappointed. Compensation, "(b) Members of the Committee who are not officers or employees travel expenses. of the United States shall, while attending meetings or conferences of such Committee or otherwise engaged in the business of such Committee, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including traveltime, and while away from their homes or re<fular places of business they may be allowed travel expenses, including per diem in lieu of subsist«nce, as 80 Stat. 499. authorized in section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. Payments under this section shall not render members of the Committee employees or officials of the United States for any purpose. "(c) The Secretary shall consult with the Xational Advisory Committee before prescribing flammability standards or other regulations established under this Act.'Savings clause. gj,^, n Notwithstanding the provisions of this Act, the standards of flammability in effect under the provisions of the Flammable Fab67 Stat. 111. rics Act, as amended, on the day preceding the date of enactment of 15 USC 1191 this Act, shall continue in effect for the fabrics and articles of wearing note. apparel to which they are applicable until superseded or modified by the Secretary of Commerce pursuant to the authority conferred by the amendments made by this Act. Approved December 14, 1967.

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 81 STAT.]

PUBLIC LAW 90-190-DEC. 14, 1967

575

Public Law 90-190 AN ACT

To amend the Atomic Energy Connnunity Act of 1955. as amended, the Atomic Energy Act of 1954, as amended, and the P]URAT]M Cooperation Act of 1958, a s amended.

December 14, 1967

[S. 2644]

Be it enacted by the Senate and Floufse of Representatives of the United States of America in Congress assembled. That section 58 of co'^munuy Xcf of the Atomic Energy Community Act of 1.955, as amended, is amended 1955, amendment. to read as follows: \\ Jg^^- ^g^g " SEC. 58. PRIORITY SALE OF APARTMENT HOUSES.—

"a. The Commission is authorized at Los Alamos to grant to occupants, project-connected persons, and persons residing in the community both at the time of offering of an apartment house for sale and for the preceding six months, and to any of the foregoing persons acting together, such priority interests and priority rights for the purchase of the apartment house as the Commission determines to be fair and reasonable: Provided, That a first priority right to purchase may be granted only to an occupant or a group of occupants, or an assignee (whose membership or ownership is composed of occupants, or projectconnected persons, or persons residing in the community both at the time of offering of an apartment house for sale and for the preceding six months, or any of the foregoing persons) of the priority interests of such occupants, who or which has obtained the priority interest of at least 60 per centum of the occupants of the apartment house: Provided further, That a second priority right to purchase may be granted only to an entity whose membership or ownership consists of occupants, or project-connected persons, or persons residing in the community both at the time of offering of an apartment house for sale and for the preceding six months, or any of the foregoing persons (provided that such entity has obtained the priority interest of at least one occupant), and whose membership or ownership equals in number, and occupies or agrees to occupy, at least 70 per centum of the housing units in the apartment house. The 15 per centum deduction specified by subsection 35 a., the deduction provided by subsection 36 d., the financing provisions of section 62, and the indemnity provided by sections 63, 64, 65, and 66 shall be applicable to such priority sales of apartment ^2 u*sc 2325^^^' houses. Priority interests granted by the Commission under this section 2326, 2352- 2j66. shall be transferable as the Commission may by rule or regulation prescribe, but no priority right to purchase shall be transferred except as provided by section 43. 42 USC 2333. "b. Any occupant who does not participate in the purchase of an apartment house with respect to which a priority right to purchase has been granted shall be entitled, at the time of sale by the Commission, to a lease for occupancy of his housing unit for a period not to exceed fifteen months from the date the property was first offered for sale: Provided, That the occupant makes application for such a lease within 30 days of the grant of such priority to purchase. In selling any apartment house with respect to which a lease executed under this section is in effect, the Commission is authorized to provide for the purchaser to assume any or all obligations of the lessor. The Commission in such event shall guarantee the lessee's performance of the lease. "c. Persons who have purchased, either individually or jointly with other persons, a single-family house or duplex house (or a singlefamily unit in a duplex house) at Los Alamos pursuant to a priority right under this Act shall not be eligible to participate in the priority purchase of an apartment house. "d. The Commission is authorized to prescribe by rule or regulation such other conditions as it may find necessary or desirable for 85-622 0-68—39

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PUBLIC LAW 90-190-DEC. 14, 1967

[81 STAT.

(j[ualification of priority interests and rights for the purcliase of an apartment house.'' Assistance paygj,^. 2. SeotioH 91 of the Atomic Euerffv Community Act of 1955, 69 Stat. 481. US amended, is amended— 42 USC 2391. (1) by striking out subsection a. and inserting in lieu thereof: "a. From the date of transfer of any municipal instalhitions to a governmental or other entity at or for the community, the Commission shall, for a, period of ten years, make annual assistance payments of just and reasonable sums to the State, county, or local entity having jurisdiction to collect property taxes or to the entity receiving the installation transferred hereunder: Provided, hoirerer, with respect to the Cities of Oak Ridge, Tennessee, and Richland, Washington, and the Richland School District, the Commission is authorized to continue to make assistance payments of just and reasonable sums after expiration of such ten-year period. In determining the amount and recipient of such payments the Commission shall consider— "(1) the approximate real property taxes and assessments for local improvements which would be paid to the governmental entity upon property within the community if such property were not exempt from taxation by reason of Federal ownership; " (2) the maintaining of municipal services at a level which will not impede the recruitment or retention of personnel essential to the atomic energy program; "(3) the fiscal problems peculiar to the governmental entity by reason of the construction at the community as a single purpose national defense installation under emergency conditions; "(4) the municipal services and other burdens imposed on the governmental or other entities at the community by the United States in its operations in the project area; and " (5) the.tax revenues and sources available to the governmental entity, its efforts and diligence in collection of taxes, assessment of property, and the efficiency of its operations."; (2) by striking out subsection d. and inserting in lieu thereof: "d. With respect to any entity not less than six months prior to the expiration of the ten-year period referred to in subsection a. (or not less than six months prior to June 30, 1979, in the case of the Cities of Oak Ridge, Tennessee, and Richland, Washington, and the Richland School District), the Commission shall present to the Joint Committee on Atomic Energy its recommendations as to the need for any further assistance payments to such entity."; and (3) by adding the following new subsection e.: "e. In exercising the authority of subsection 91 a. the Commission shall assure itself that the governmental or other entities receiving assistance hereunder utilize all reasonable, available means to achieve financial self-sufficiency to the end that assistance payments by the Commission may be reduced or terminated at the earliest practical time." SEC. 3. Section 94 of the Atomic Energy Community Act of 1955, 42 USC 2394. as amended, is amended to read as follows: " SEC. 94. COMMISSION CONTRACTS.—The Commission is authorized, 31 USC 665. without re^^ard to section 3679 of the Revised Statutes, to enter into a contract with any governmental or other entity to which payments are required or authorized to be made pursuant to section 91, obligating the Commission to make to such entity the payments directed or authorized to be made by section 9 1: Provided, however, That the term of such contracts, in the case of the Cities of Oak Ridge, Tennessee, and Richland, Washington, and the Richland School District, shall not extend beyond June 30, 1979." SEC. 4. Subsection 118 a. of the Atomic Energy Community Act 42 USC 2312. of 1955, as amended, is amended to read as follows:

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Rh honest man in the kingdom is excluded. This glorious privilege may be a security to the King, as well as a resource to his people. Had there been no star-chamber, there would have been no rebellion against Charles the First. The constant censure and admonition of the press would have corrected his conduct, prevented a civil war, and saved him from an ignominious death.—I am no friend to the doctrine of precedents exclusive of right; though lawyers often tell us, that whatever has been once done, may lawfully be done again.

conclude this preface with a quotation, applicable to the subject, from a foreign writer, whose Essay on the English Constitution I beg leave to recommend to the public, as a performance deep, solid, and ingenious.

" short, whoever considers what it is, that constitutes the moving principle of what we call great affairs, and the invincible sensibility of man to the opinion of his fellow-creatures, will not hesitate to affirm that, if it were possible for the liberty of the press to exist in a despotic government,


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 81

PUBLIC LAW 90-190-DEC. 14, 1967

STAT.]

577

"a. Xo ap]>r<)priatiii sluill be inade to caiTy out the provisioiis and purposes of this Act unless previously authorized by legislation enacted by Congress.*' SEC.1 5. • of j n 1 Subsection 1 25 a. 1 the Atomic Energy Act of 1954, ' as '^^^•,, „Gen1. > ^"^ Assistant amended, IS amended to read as follows: erai Manager for "a. a Division of Military Application and such other program Military Appudivisions (not to exceed ten in number) as the Commission may deter- '"^eStat. 925. mine to be necessary to the discharge of its responsibilities, including ^2 USC 2035. a division or divisions the primary responsibilities of which include the development and application of civilian uses of atomic energy. The Division of Military Application shall be under the direction of an xVssistant General Manager for Military Application, who shall be appointed by the Commission and shall be an active commissioned officer of the Armed P^orces serving in general or flag officer rank or grade, as appropriate. Each other program division shall be under the direction of a Director who shall be appointed by the Commission. The Commission shall require each such division to exercise such of the Commission's administrative and executive powers as the Commission may determine;'' SEC. 6. Section 28 of the Atomic Energy Act of 1954, as amended, is ^^ use 2033. amended by revising the first two sentences thereof to read as follows: "Notwithstanding the provisions of any other law, the officer of the Army, Xavy, or Air Force serving as Assistant General Manager for Military Application shall serve without prejudice to his commissioned status as such officer. Any such officer serving as Assistant General Manager for Military Application shall receive in addition to his pay and allowances, including special and incentive pays, for which pay and allowances the Commission shall reimburse his service, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation established for this position." SEC. 7. Section 38 of the Atomic Energy Act of 1954, as amended, Research, addi,

,

,

e n

tional authority.

IS amended to read as follows: 42 USC 2053. " SEC. 33. RESEARCH FOR OTHERS.—Where the Commission finds private facilities or laboratories are inadequate to the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in section 31 yoStat.^^ioeg^' as it deems appropriate to the development of atomic energy. To the 42 USC 2051. extent the Commission determines that private facilities or laboratories are inadequate to the purpose, and that the Commission's facilities, or scientific or technical resources have the potential of lending significant assistance to other persons in the fields of protection of public health and safety, the Commission may also assist other persons in these fields by conducting for such persons, through the Commissi(m's own facilities, research and development or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section." SEC. 8. Subsection 41 b. of the Atomic Energy Act of 1954, as amended, is amended by deleting the last sentence. " ^ "^^ ^°^^' ^ SEC. 9. Subsection 53 f. of the Atomic Energy Act of 1954, as amended, is amended by revising the first sentence thereof to read as ^^ ^^^ r*^"follows: "The Commission is directed to distribute within the United States sufficient special nuclear material to permit the conduct of widespread independent research and development activities to the maximum extent practicable." SEC. 10. Subsection 53 c. (1) of the Atomic Energy Act of 1954, as amended, is amended to read as follows: 78 Stat. 603. "c. (1) The Commission may distribute special nuclear material licensed under this section by sale, lease, lease with option to buy,

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 578

PUBLIC LAW 90-191-DEC. 14, 1967

68 Stat. 936. 42 USC 2133, 2134.

68 Stat. 948; 72 Stat. 337. 42 USC 2201. 42 USC 2273.

Uranium and plutonium. 78 Stat. 376. 42 USC 2294. 42 USC 2074.

42 USC 2153.

78 Stat. 606. 42 USC 2201.

81 STAT.

grant, or through the provision of production or enrichment services: Provided, however, That unless otherwise authorized by law, the Commission shall not after December 31, 1970, distribute special nuclear material except by sale or through the provision of production or enrichment services to any person who possesses or operates a utilization facility under a license issued pursuant to section 103 or 104 b. for use in the course of activities under such license; nor shall the Commission permit any such person after June 30, 1973, to continue leasing for use in the course of such activities special nuclear material previously leased to such person by the Commission." SEC. 11. Subsection 161 n. of the Atomic Energy Act of 1954, as amended, is amended by striking out "57 a. (3) " and inserting in lieu thereof "57 b.". SEC. 12. Section 223 of the Atomic Energy Act of 1954, as amended, is amended by striking out the letter " p. " appearing after the word "or" and inserting in lieu thereof the letter "o.". SEC. 13. Section 5 of the E U R A TO M Cooperation Act of 1958, as amended, is amended to read as follows: "SEC. 5. Pursuant to the provisions of section 54 of the Atomic Energy' Act of 1954, as amended, there is hereby authorized for sale or lease to the Community— "two hundred fifteen thousand kilograms of contained uranium 235; "one thousand five hundred kilograms of plutonium; and "thirty kilograms of uranium 233; in accordance with the provisions of an agreement or agreements for cooperation between the Government of the United States and the Community entered into pursuant to the provisions of section 123 of the Atomic Energy Act of 1954, as amended: Provided.^ That the Government of the United States obtains the equivalent of a first lien on any such material sold to the Community for which payment is not made in full at the time of transfer. The Commission may enter into contracts to provide, after December 31, 1968, for the producing or enriching of all, or part of, the above-mentioned contained uranium 235 pursuant to the provisions of subsection 161 v. (B) of said Act, as amended, in lieu of sale or lease thereof." SEC. 14. The table of contents of the Atomic Energy Conmiunity Act of 1955, as amended, is amended by inserting a new heading entitled "Sec. 58. Priority sale of apartment houses."

Approved December 14, 1967.

Public Law 90-191 December 14, 1967

[S.2195]

Rice. E x c e s s marketing quota. 63 Stat. 1060. 7 USC 1356.

AN ACT rjij^ amend the marketing quota provisions of the Agrirultunil Adjustment Act of IJKSS. as amended.

Be it eiuicted by the Senate and House of Representatives of the United /States of America in Congress assembled, That section 356 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end of subsection (e) thereof a new sentence as follows: "If the farm marketing excess of rice determined for any farm is delivered to Commodity Credit Corporation or any other agency within the Department, in accordance with regulations prescribed by the Secretary, such farm shall be considered to be in compliance with the rice acreage allotment for such year." Approved December 14, 1967.

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 81

PUBLIC LAW 90-193-DEC. 14, 1967

STAT.]

579

Public Law 90-192 AN ACT

December 14, 1967

To authorize the Secretary of the Army to release certain use restrictions f)n a tract of laud iu the State of North Caroliua, iu order that such laud uiay be used in connection with a proposed water supply lake, and for other purposes.

•

Be it enacted by the Senate and Houm of Representatives of the United States of America in Congress assembled. That the Secretary • •

•

-

• - - - * '

^°''*'^ Carolina. J* and u s s restric~ -

of the Army is authorized to release on behalf of the ITiiited States tion, release. the land use restriction applicable to a tract of land constituting a portion of a larger tract of land heretofore conveyed by the United States to the State of North (^arolina pursuant to the Act entitled "An Act to provide for the conveyance of a portion of the Camp Butner Military Eeservation, North Carolina, to the State of North Carolina", approved April 2, 1954 (68 Stat. 50), so that such tract with respect to which such release is given may be used by such State for water supply lake purposes: Provided, howecer^ That the State of North Carolina would pay the fair market value, as determined by the Secretary of the Army, of the interests released under this section. The exact description of the tract with respect to which such restriction is released by the Secretary pursuant to this section shall be agreed upon by the Secretary and the State of North Carolina, but in no event shall the total area of such tract exceed one hundred and seventy-one acres. SEC. 2. In order to settle a dispute between the State of North Caro- ^- "T- cantt. Una and one W. T. Gantt over the boundary line between lands conveyed to the State of North Carolina pursuant to the Act referred to in the first section of this Act and lands adjacent thereto owned by the said W. T. Gantt, the Secretary of the Army is authorized to take such action as he determines necessary or appropriate to obtain an equitable settlement of such boundary dispute. The authority conferred upon the Secretary under this section shall include authority to release the land use restriction referred to in the first section of this Act from any lands included in the boundary dispute agreement which may be quitclaimed to the said W. T. Gantt under the terms of the boundary agreement. SEC. 3. The Secretary of the Army is authorized to impose such terms and conditions upon any actions taken by him under authority of this Act as he deems appropriate to protect the interests of the United States. All expenses for surveys and the preparation and execution ^"^^y ^°^^of legal documents necessary or appropriate to carry out the provisions of this Act shall be borne by the State of North Carolina or W. T. Gantt, as appropriate. Approved December 14, 1967.

Public Law 90-193 AN ACT

December 14, 1967

To amend section 9 of the Act of May 22, 1928 (45 Stat. 702),^as amended and supplemented (16 U.S.C 581h), relating to surveys of timber and other forest resources of the United States, and for other purposes.

'^^'^^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of section 9 of the Act of May 22, 1928, as amended (45 Stat. 699, 702; 16 U.S.C. 581h), is hereby amended by striking out 75 Stat.^*579^^' "$2,5,000" and inserting in lieu thereof "$5,000,000"'. Approved December 14, 1967.

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xxxii and, (what is not less difficult), for it to exist without changing the constitution, this liberty of the press would alone form a counterpoise to the power of the prince. If, for example, in an empire of the East, a sanctuary could be found, which, rendered respectable by the ancient religion of the people, might insure safety to those, who should bring thither their observations of any kind; and that, from thence, printed papers should issue, which, under a certain seal, might be equally respected; and which, in their daily appearance, should examine and freely discuss, the conduct of the Cadis, the Bashaws, the Vizir, the Divan, and the Sultan himself; that would introduce immediately some degree of liberty."


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 580

PUBLIC LAW 90-194-DEC. 14, 1967

[81 STAT.

Public Law 90-194 December 14, 1967 JOINT RESOLUTION [S.J. Res. 101] Auieiuling title X I of the Merchant Marine Act, 11«6, to authorize the Secretary of Commerce to g u a r a n t e e certain loans made to the National Maritime Historical S<X'iety for the pnrix)se of restoring and returning to the United States the last surviving American square-rigged merchant ship, the Kaiulani, and for other purposes.

Kaiulani. Restoration.

g/3 Stat.^272; 46 USC 1271, 1274.

Whereas the Kaiuhmi, the lust survivinjj^ Americairbuilt squarerigged merchant ship, was a gift of the people of the Philippines to the people of the United States; and Whereas the President of the Philippines formally presented the gift to President Lyndon B. Johnson in a ceremony at the White House on October 5, 1964; and Whereas the task of restoring the Kaiulani was assigned by President Johnson to the National Maritime Historical Society as trustee for the people of the United States; and Whereas the Kaiulani is presently being restored in the Philippines by the National Maritime Historical Society; and Whereas, upon completion of restoration, the Kaiulani will be sailed to the United States and permanently berthed on the Washington Channel waterfront in the Nation's Capital as a nonprofit musemu devoted to the maritime heritage of this great country; and Whereas the restoration of the Kaiulani and its preparation for the return voyage to the United States is being unduly delayed because of the lack of funds for the completion of this project: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That title X I of the Merchant Marine Act, 1936, is amended by adding at the end thereof the following new section: "SEC. 1112. (a) Notwithstanding any other provision of law including sections 1101(f), 1104(a)(2), and 1104(a)(8) of this Act, the Secretary of Commerce is hereby authorized to insure all or any part of the principal of and interest on any mortgage made, within the three-year period beginning on the date of enactment of this section, by the National Maritime Historical Society of the District of (Columbia for the purpose of restoring and returning to the United States the vessel, Kaiulani, the last surviving American-built, square-rigged merchant ship presented as a gift to the people of the United States from the people of the Philippines. "(b) An insurance contract issued under this section shall be made only with respect to a mortgage which, in the opinion of the Secretary of Commerce, is economically sound and such contract and the related mortgage shall be subject to such reasonable terms and conditions as he may deem necessary to protect the interests of the United States. "(c) The Secretary of Commerce is authorized to make commitments to insure a mortgage under this section. " (d) The aggregate unpaid principal amount of any mortgage insured under this section shall not exceed $500,(K)0. "(e) The faith of the United States is solemnly pledged to the payment of interest on and the unpaid balance of the principal amount of each mortgage insured under this section. "(f) Notwithstanding any other provision of law, the vessel Kaiulani shall be entitled to be registered or enrolled under the laws of the United States at any time, and shall be exempt from all United States customs duties and tonnage taxes, if any, upon her return to the United States.

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 81

STAT.]

PUBLIC LAW 90-196-DEC. 14, 1967

581

" (g) Sucli of the provisions of this title as the Secretary of Commerce determines, shall apply to the insurance granted under this section." Approved December 14, 1967.

Public Law 90-195 AN ACT

December 14, 1967

To authorize the exchange of certain vessels for conversion and operation in unsubsidized service between the west coast of the United States and the Territory of Guam.

[H. R. 12638]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Commerce (hereinafter referred to as the "Secretary"), acting by and through the Maritime Administration, pursuant to the provisions of section 510(i) of the Merchant Marine Act, 1936 (46 U.S.C. 1160(i)), is authorized to trade out in exchange for obsolete vessels two C-4-type vessels for the purpose of conversion and operation in unsubsidized service between the west coast of the United States and the Territory of Guam by the person acquiring the traded-out vessels without regard to whether such person receives operating-differential subsidy under the Merchant Marine Act, 1936, for any other of his operations. The Secretary shall exchange the vessels under authority of this Act under such terms and conditions as he deems necessary to insure that if the person who acquires the two C-4-type vessels discontinues his operation of such service, the vessels will be sold to his successor in such service at their fair and reasonable value as determined by the Secretary and subject to such other requirements as the Secretary determines necessary to protect the interests of the United States. Approved December 14, 1967.

Vessels exchange, authorization.

^4 Stat. 312;

^^ ^J^^ ^^^ss 46 USC 1245.

Public Law 90-196 AN ACT

For the relief of DcK-tor Ricardo Yallejo Saniala and to provide for congressional redistricting.

December 14, 1967

[H. R. 2275]

Be It enacted by the Senate and House of Be present atices of the United States of America in Congress assembled, That, for the purp o s e of the Immigration and Nationality Act, Doctor Ricardo Vallejo Samala shall be held and considered to have been lawfully admitted to the United States for permanent residence as of August 30, 1959. In each State entitled in the Ninety-first Congress or in any subse- redi°s'tricTin'°"^^ quent Congress thereafter to more than one Representative under an "^ '^ "'^ '"^" ^ apportionment made pursuant to the provisions of subsection (a) of section 22 of the Act of June 18, 1929, entitled "An Act to provide for apportionment of Representatives" (46 Stat. 26), as amended, there ^r,\f^^\l^'^' shall be established by law a number of districts equal to the number 2 USC 2 a. of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative (except that a State which is entitled to more than one Representative and which has in all previous elections elected its Representatives at Large may elect its Representatives at Large to the Ninety-first Congress). Approved December 14, 1967.

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 582

PUBLIC LAW 90-197-DEC. 14, 1967

[81 STAT.

Public Law 90-197 December 14, 1967

[H. R. 2730]

Temple, T e x. Land conveyance.

Conditions.

AN

ACT

Authorizing the Administrator of Veterans' Afifaitfs to convey certain property to Temple Junior College, Temple, Texas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of Veterans' Affairs is authorized to convey, without monetary consideration, to Temple Junior College, Temple, Texas, for educational purposes, all right, title and interest of the United States in and to a tract of seventy-three acres of land, more or less, constituting a portion of the reservation of the Veterans' Administration Center, Temple, Texas. The exact legal description of the tract shall be determined by the Administrator of Veterans' Affairs, and if a survey is required in order to make such determination, the Temple Junior College shall bear the expense thereof. SEC. 2. Any deed of conveyance made pursuant to this Act shall— (a) provide that the land conveyed shall be used for educational purposes and in a manner that will not, in the judgment of the Administrator of Veterans' Affairs, or his designate, interfere with the care and treatment of patients in the Veterans' Administration Center, Temple, Texas; (b) contain such additional terms, conditions, reservations, easements and restrictions as may be determined by the Administrator of Veterans' Affairs to be necessary to protect the interest of the United States j* (c) provide that if the Temple Junior College violates any provision of the deed of conveyance or alienates or attempts to alienate all or any part of the parcel so conveyed, title thereto shall revert to the United States; and that a determination by the Administrator of Veterans' Affairs of any such violation or alienation or attempted alienation shall be final and conclusive; and (4) provide that in the event of such reversion, all improvements made by Temple Junior College during its occupancy shall vest in the United States without payment of compensation therefor. Approved December 14, 1967. Public Law 90-198

December 14, 1967 [H. R. 10805]

Civil R i g h t s Commission. Extension.

AN ACT To extend the life of the Civil Rights Commission. Be It enacted by the Senate and House of Re'iyresentatives of the United States of America in Congress assembled. That section 104(b) of the Civil Rights Act of 1957, as amended (78 Stat. 251; 42 U.S.C. 1975c(b)), is further amended by deleting the words "January 31, 1968", and substituting therefor the words "January 81, 1973". SEC. 2. Section 106 of the Civil Rights Act of 1957 (71 Stat. 636; 42 U.S.C. 1975e) is amended to read as follows: APPROPRIATIONS

"SEC. 106. For the purposes of cari-ying out the provisions of this Actj there is hereby authorized to be appropriated for the fiscal year ending June 30, 1968, and for each of the four succeeding fiscal years, the sum of $2,650,000 for each such fiscal year." Approved December 14, 1967.

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Page:United States Statutes at Large Volume 81.djvu/617

 81 STAT.]

583

PUBLIC LAW 90-200-DEC. 14, 1967

Public Law 90-199 AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Iowa Tribes of Kansas and Nebraska and of Oklahoma in Indian Claims Commission dockets numbered 138 and 79, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds on deposit in the United States Treasury to the credit of the Iowa Tribes of Kansas and Nebraska and of Oklahoma that were appropriated by the Act of April 30, 1965 (79 Stat. 81), to pay a judgment by the Indian Claims Commission in dockets numbered 138 and 79, and the interest thereon, after payment of attorney fees and other litigation expenses, shall be divided on the basis of 17l/279ths (61.29 per centum) to the lowas of Kansas and Nebraska and 108'/279ths (38.71 per centum) to the lowas of Oklahoma, and the funds so divided, including interest accruing thereon, may be invested or expended for any purpose that is authorized by the respective tribal governing bodies and approved by the Secretary of the Interior. Any per capita distribution of any part of the funds placed to the credit of the Iowa Tribes of Kansas and Nebraska and of Oklahoma shall be payable only to those persons who meet the membership requirements specified in the respective tribal constitutions, and such per capita payments shall not be subject to Federal or State income tax. Approved December 14, 1967.

December 14, 1967 [H. R. 2828]

Indians. Iowa T r i b e s of Kans.-Nebr.-Okla. D i s p o s i t i o n of funds.

Public Law 90-200 AN ACT To give the consent of Congress to the State of Ohio to become a party to the agreement relating to bus taxation proration and reciprocity as set forth in title II of the Act of April 14, 1965 (79 Stat. 60), and consented to by Congress in that Act and in the Acts of November 1, 1965 (79 Stat. 1157), and November 2, 1966 (80 Stat. 1156).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is given to the State of Ohio to become a party to the agreement relating to bus taxation proration and reciprocity as set forth in title II of the Act of April 14, 1965 (79 Stat. 60), and consented to by Congress in that Act and in the Acts of November 1, 1965 (79 Stat. 1157) and November 2, 1966 (80 Stat. 1156). SEC. 2. The right to alter, amend or repeal this Act is expressly reserved. Approved December 14, 1967.

December 14, 1967 [H. R. 129 12]

Ohio. B u s taxation agreement.

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Page:United States Statutes at Large Volume 81.djvu/618

 584

PUBLIC LAW 90-201-DEC. 15, 1967

[81 STAT.

Public Law 90-201 December 15, 1967 [H. R. 12144]

Wholesome Meat Act.

52 Stat. 1235. Federal Meat Inspection Act; designation; amendment.

Definitions.

AN ACT To clarify and otherwise amend the Meat Inspection Act, to provide for cooperation with appropriate State agencies with respect to State meat inspection programs, and for other purposes.

Be it enacted by the Senate and House of RepresentaMve^ of the United States of America in Congress assembled, That this Act may be cited as the AVholesome Meat Act and that the provisions appearing under the subheading "FOR MEAT INSPECTION:" under the heading "BUREAU OF ANIMAL INDUSTRY" in the Act approved March 4, 1907, entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eight" (34 Stat. 1260-1265, as amended; 21 U.S.C. 71-91), are hereby designated as the "Federal Meat Inspection Act"; the first twenty paragraphs thereof are hereby designated, respectively, as sections 3 through 22, and the twenty-first and twenty-second paragraphs thereof as section 23; and said sections 3 through 23 are hereby designated as " TITLE I — INSPECTION REQUIREMENTS; A D U L T E R A T I O N AND M I S B R A N D I N G ". SEC. 2. The Federal Meat Inspection Act is hereby amended by adding, in title I, new sections 1 and 2 reading, respectively, as follows: "SECTION 1. As u.sed in this Act, except as otherwise specified, the following terms shall have the meanings stated below: " (a) The term 'Secretary' means the Secretary of Agriculture of the United States or his delegate. " (b) The term 'firm' means any partnership, association, or other unincorporated business organization. "(c) The term 'meat broker' means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts 6f carcasses, meat, or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation. " (d) The term 'renderer' means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines, except rendering conducted under inspection or exemption under title I of this Act. "(e) The term 'animal food manufacturer' means any person, firm, or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines. "(f) The term 'State' means any State of the United States and the Commonwealth of Puerto Rico. " (g) The term 'Territory' means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone. " (h) The term 'commerce" means commerce between any State, any Territory, or the District of Columbia, and any place outside thereof; or within any Territory not organized with a legislative body, or the District of Columbia. "(i) The term 'United States' means the States, the District of Columbia, and the Territories of the United States. " (j) The term 'meat food product' means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats,

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PUBLIC LAW 90-201-DEC. 15, 1967

excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Secretary under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, and goats. •"(k) The term 'capable of use as human food' shall apply to any carcass, or part or product of a carcass, of any animal, unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans. "(1) The term 'prepared' means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed. " (m) The term 'adulterated' shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances: "(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health; "(2)(A) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food; " (B) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act, " (C) if it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act,, .... " (D) if it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act: Provided, That an article which is not adulterated under clause (B), (C), o r (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Secretary in establishments at which inspection is maintained under title I of this Act; "(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food; "(4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; "(5) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter; "(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; "(7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or

585

68 Stat. 5 11. 21 USC 346a.

sJus'caT' 2I use are"

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PUBLIC LAW 90-201-DEC. 15, 1967

[81 STAT.

exemption in elfect pursuant to section 409 of the Federal Food, 2ius^C348f' Drug, and Cosmetic Act; "(8) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or " (9) If it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance. "Misbranded.*' " ^j^^ 'P}^Q term 'misbranded" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances: "(1) if its labeling is false or misleading in any particular; "(2) if it is offered for sale under the name of another food; "(3) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word 'imitation' and immediately thereafter, the name of the food imitated; "(4) if its container is so made, formed, or filled as to be misleading; "(5) if in a package or other container unless it bears a label showing (A) the name and place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (B) of this subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the Secretary; "(6) if any word, statement, or other information required by or under authority of this Act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; "(7) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under section 7 of Post, p. 588. ^j^jg Qj^ unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food; "(8) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under section 7 of this Act, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; "(9) if it is not subject to the provisions of subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each: Provided, That, to the extent that compliance with the requirements of clause (B) of this subparagraph (9) is impracticable, or results in deception or

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PUBLIC LAW 90-201-DEC. 15, 1967

unfair competition, exemptions shall be established by regulations promulgated by the Secretary; "(10) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary, after consultation with the Secretary of Health, Education, and Welfare, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses; "(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided, That, to the extent that compliance with the requirements of this subparagraph (11) is impracticable, exemptions shall be established by regulations promulgated by the Secretary; or "(12) If it fails to bear, directly thereon or on its container, as the Secretary may by regulations prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Secretary may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition. " (o) The term 'label' means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article. " (p) The term 'labeling' means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article. "(q) The term 'Federal Food, Drug, and Cosmetic Act' means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or supplementary thereto. " (r) The terms 'pesticide chemical', 'food additive', 'color additive', and 'raw agricultural commodity' shall have the same meanings for purposes of this Act as under the Federal Food, Drug, and Cosmetic Act. "(s) The term 'official mark' means the official inspection legend or any other symbol prescribed by regulations of the Secretary to identify the status of any article or animal under this Act. " (t) The term 'official inspection legend' means any symbol prescribed by regulations of the Secretary showing that an article was inspected and passed in accordance with this Act. " (u) The term 'official certificate' means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this Act. "(v) The term 'official device' means any device prescribed or authorized by the Secretary for use in applying any official mark." SEC. 2. Meat and meat food products are an important source of the Nation's total supply of food. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. I t is essential in the public interest that the health and welfare of consumers be protected by assuring that meat and meat food properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat or meat food products impair the effective regulation of meat and meat food products in interstate or foreign commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged meat and meat food products, and result in sundry losses to livestock producers and processors of meat and meat food products, as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively
 * ~iroducts distributed to them are wholesome, not adulterated, and

587

Definitions,

21 USC 301.

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Page:United States Statutes at Large Volume 81.djvu/622

 588

PUBLIC LA\^ 90-201-DEC. 15, 1967

[81 STAT.

packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally. I t is hereby found that all articles and animals which are regulated under this Act are either in interstate or foreign commerce or substantially affect such commerce, and that regulation by the Secretary and cooperation by the States and other jurisdictions as contemplated by this Act are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and ^yelfare of consumers. SEC. 3. Said Act is hereby further amended by— (a) deleting the phrase "interstate or foreign" wherever it apAnte, p. 584. pears in sections 3 through 23 of title I of said Act; and (b) deleting in section 3 of said Act (21 U.S.C. 71) the phrase "the Secretary of Agriculture, at his discretion, may" and inserting in lieu thereof the words "the Secretary shall"' and deleting the words "of Agriculture" wherever they appear after the word "Secretary" thereafter in title 1 of the Act. 34 Stat. 1260. c^j^^ ^ Section 4 of Said Act (21 U.S.C. 72) is hereby amended by deleting the phrases "for human consumption" and "for transportation or sale", and by inserting after the word "commerce" the phrase "which are capable of use as human food". SEC. 5. Secticm 5 of said Act (21 U.S.C. 73) is hereby amended by adding at the end thereof the following: "The Secretary may limit the entry of carcasses, parts of carcasses, meat and meat food products, and other materials into any establishment at which inspection under this title is maintained, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this Act." Federal inspecg^^^ g^ Section 7 of Said Act (21 U.S.C. 75) is hereby amended by— tion labels.

Standards.

Ante. p. 586.

Post, p. 593. 52 Stat. 1040. 21 USC 301.

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(a) deleting the provisions thereof reading as folJows:, and no such meat or meat food products shall be sold or offered for sale by any person, firm, or corporation in interstate or foreign commerce under any false or deceptive name; but established trade name or names which are usual to such products and which are not false and deceptive and which shall be approved by the Secretary are permitted"; (b) designating the remaining provisions as paragraph (a); and (c) adding at the end of said section the following provisions as paragraphs (b) through (e), respectively: " (b) All carcasses, parts of carcasses, meat and meat food products inspected at any establishment under the authority of this title and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the Secretary may require, the information required under paragraph (n) of section 1 of this Act. "(c) The Secretary, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marketing and labeling any articles or animals subject to this title or title II of this Act; (2) definitions and standards of identity or composition for articles subject to this title and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, and there shall be consultation between the Secretary and the Secretary of Health, Education, and Welfare prior to the issuance of such standards under either Act relating to articles subject to this Act to avoid inconsistency in such stand-

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PUBLIC LAW 90-201-DEC. 15, 1967

589

ards and possible impairment of the coordinated effective administration of these Acts, There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 301 of this Act, prior to the issuance of such standards under this Act, Post, p. 595. to avoid, insofar as feasible, inconsistency between Federal and State standards. " (d) No article subject to this title shall be sold or offered for sale by any person, firm, or corporation, in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted. "(e) If the Secretary has reason to believe that any marking or Judicial review. labeling or the size or form of any container in use or proposed for use with respect to any article subject to this title is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, x)r container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling or container does not accept the determination of the Secretary, such person, firm, or corporation may request a hearing, but the use of the marking, labeling, or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person, firm, or corporation adversely affected thereby appeals to the United States court of appeals for the circuit in which such person, firm, or corporation has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 204 of the Packers and Stockyards Act, 1921 (42 Stat. 162, as amended; 7 U.S.C. 194), ^2 Stat. 944. shall be applicable to appeals taken under this section." SEC. 7. Section 10 of said Act (21 U.S.C. 78) is hereby amended to read: "SEC. 10. No person, firm, or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals— " (a) slaughter any such animals or prepare any such articles slaughtering of which are capable of use as human food at any establishment pre- ^"^"^ ^" paring any such articles for commerce, except in compliance with the requirements of this Act; Sale and " (b) sell, transport, offer for sale or transportation, or receive portation oftransmeat. for transportation, in commerce, (1) any such articles which (A) are capable of use as human food and (B) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (2) any articles required to be inspected under this title unless they have been so inspected and passed; "(c) do, with respect to any such articles which are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded." SEC. 8. Section 11 of said Act (21 U.S.C. 79) is hereby amended to counterfeit or T

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unauthorized use

read as loilows: of labeis. "SEC. 11. (a) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any

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