24 1 PUBLIC HEALTH AND FOOD STANDARDS COMMITTEES 2 SEO. 703. (a) To aid and advise the Secretary in 3 promulgating regulations for the protection of public health, 4 5 6 as contemplated by section 201, paragraphs (a) and (e); section 302, paragraph (j); section 304, paragraphs (a) and (b); section 305, paragraph (a); section 401, para7 graphs (a) and (b); section 402, paragraphs (e), (a), 8 and (i); section 403; section 501, paragraph (e); and 9 section 503, a Committee on Public Health is hereby pro 10 vided which shall consist of five members designated by the President with a view to their distinguished scientific 12 attainment and interest in public health with respect to 13 food, drugs, and/or cosmeties and without regard to their 14 political affiliation. 11 15 16 (b) To aid and advise the Secretary in the promulga tion of regulations with respect to food, as contemplated by 17 section 302, paragraphs (g) and (h); and section 307, 18 a Committee on Food Standards is hereby provided which 19 shall consist of seven members, three of whom shall be 20 selected from the public, two from the food producing, processing, manufacturing, and distributing industry, and two from the Administration. The members selected from 21 22 23 the publie and the food industry shall be appointed by the 24 President without regard to political affiliation, and the mem 5 ated in paragraphs (a) and (b) of this section should 6 be established, he shall so advise the appropriate committ 7 8 9 With the approval of a majority of its members, the committee shall recommend to the Secretary a proposed regulation, and the Secretary shall give notice of the proposal and of 10 the time and place of a publie hearing to be held thereon not less than thirty days after the date of such notice. After 11 12 14 15 such hearing the Secretary is authorized to formulate and 13 promulgate such regulation as he shall find to be necessary to effectuate the purposes of such provision, but no such regulation shall be promulgated without the ap 16 proval of a umjority of the members of the committ 17 The regulation so promulgated shall become effective on a date fixed by the Secretary, which date shall not be prior to 19 ninety days after its promulgation, and may be amended or repealed in the same manner as is provided for its adoption: Provided, That regulations setting up exemptions 18 20 21 22 pursuant to section 402, paragraph (g), may be promul 23 gated without notice or hearing and shall become effective at such time as the Secretary determines. 24 22 1 except that no advertisement not in violation of paragraph 2 fat (a) of this section shall be deemed to be false under this 3 paragraph if it is disseminated only to members of the 4 medical and pharmaceutical professions or appears only in 5 the scientific periodicals of these professions, or is dis6 seminated only for the purpose of public health education 7 by persons not commercially interested, directly or indi 8 reetly, in the sale of such drugs or devices. 9 10 11 12 CHAPTER VH GENERAL ADMINISTRATIVE PROVISIONS PROVISIONS AS TO REGULATIONS SECTION 701. (a) The authority to promulgate regu 13 lations for the efficient enforcement of this Act, except as 14 otherwise provided in this section, is hereby vested in the 15 Seeretary. 16 17 (b) The Secretary of the Treasury and the Secretary of Agriculture shall jointly prescribe regulations for the 18 efficient enforcement of the provisions of section 714, except 19 as otherwise provided therein. Such regulations shall be 20 promulgated in such manner and take effect at such time, 21 after due notice, as the Secretary of Agriculture shall 22 determine. 23 fe) Hearings authorized or required by this Aet shall 24 be conducted by the Secretary or such officer or employee 23 1 COURT REVIEW OF REGULATIONS AND ADMINISTRATIVE 2 3 8 ACTIONS SEO. 702. The district courts of the United States are 4 hereby vested with jurisdiction, on petition by any interested 5 person, 1 to restrain by injunction, temporary or per 6 manent, the enforcement by any officer, representative, or 7 employee of the Department of any regulation promulgated as provided in sections 701 and 708 if it is shown that the 9 regulation is unreasonable, arbitrary, or capricious, or not in accordance with the facts or law, and that the petitioner may suffer substantial damage by reason of its enforcement; and (2) to grant appropriate injunctive relief from any act 10 11 12 13 or emission of any officer, representative, or employee of 14 the Department in the administration of this Act, if it 15 has been shown that such act or omission is unreasonable, 16 arbitrary, or capricious, or not in accordance with the faets 17 or law, and that the petitioner may suffer substantial damage 18 thereby: Provided, That nothing in this section shall be deemed to abridge the right of any person against whom 19 20 a criminal prosecution or suit for injunction shall have been 21 brought under this Aet, or who shall intervene as claimant 22 in any proceeding of libel for condemnation, to plead that 23 the regulation, the violation of which is alleged as the ground 24 for such prosecution, suit, or libel, is invalid on any of the 25 grounds set forth above. 1 2 26 (d) The term of office of members of the commit tees provided by paragraphs (a) and (h) of this section, 8 other than members from the Administration, shall 4 be five years; except that an appointment to fill a 6 5 vacancy occurring before the expiration of a term shall be for the remainder of that term, and of the appointments first 7 made to each committee after approval of this Act, one shall 8 be for one year, one for two years, one for three years, 9 and one for four years, as shall be designated by the Presi 10 dent in their respective appointments. The President shall 11 fix the compensation of members and shall designate the 12 chairmen of the committees. No person who is a member 13 of the Department or who has or acquires a financial interest 14 in the manufacture, advertising, or sale of any food, drug, 15 device, or cosmetie shall be eligible to serve on the Commit16 tee on Public Health, or as a member from the publie on the Committee on Food Standards. 17 18 19 fe) Each committee shall convene at the call of its chairman at such time and place as he may designate; but 20 action by either committee under this section may be taken 21 by the members thereof acting individually without eon22 vening in meeting. In each case in which approval by 23 either committee of a regulation is required under this 24 section, the Secretary shall transmit to each member of |