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action additives adequate Administrator advisory committee agency Amend Amend section amount appeal application Association authority believe bill certify Chairman changes clause Commission Congress consideration considered constitutional contains Cosmetic Act court of appeals Department determine district court District of Columbia Education effect establishing establishing a tolerance evidence experts fact Federal Federal Insecticide filing findings Florida Food and Drug fruit Fungicide give going Government hearing industry interested issued Judge judicial legislation limits mean named necessary necessity novo objections paragraph person pesticide chemical petition poisonous practical prescribed present problem procedure production promulgated proposed protect provides public health question reasonable recommendations record referred regulations Representatives request residue respect Rodenticide Act safe Secretary of Agriculture specific SPRINGER statement submitted substance suggested supply term thing tion tolerance tolerance or exemption United Washington Welfare
6. lappuse - It shall (a) compel agency action unlawfully withheld or unreasonably delayed; and (b) hold unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority or limitations, or short of statutory right...
6. lappuse - Congress has merely made it clear that a reviewing court is not barred from setting aside a Board decision when it cannot conscientiously find that the evidence supporting that decision is substantial, when viewed in the light that the record in its entirety furnishes, including the body of evidence opposed to the Board's view.
72. lappuse - new drug" means (1) any drug the composition of which is such that such drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof...
24. lappuse - States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia...
72. lappuse - ... (D) the results of tests on the amount of residue remaining, including a description of the analytical methods used; (E) practicable methods for removing residue which exceeds any proposed tolerance; (F) proposed tolerances for the pesticide chemical if tolerances are proposed; and (G) reasonable grounds in support of the petition.
24. lappuse - Upon the filing of such petition the court shall have exclusive jurisdiction to affirm or set aside the order complained of in whole or in part. The findings of the Secretary with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole, including any report and recommendation of an advisory committee.
24. lappuse - Secretary shall file in the court the record of the proceedings on which he based his order, as provided in section 2112 of title 28. United States Code. Upon the filing of such petition, the court shall have exclusive jurisdiction to affirm or set aside the order complained of in whole or in part.
6. lappuse - Whether on the record as a whole there is substantial evidence to support agency findings is a question which Congress has placed in the keeping of the Courts of Appeals. This Court will intervene only in what ought to be the rare instance when the standard appears to have been misapprehended or grossly misapplied.
72. lappuse - ... (c) The Secretary shall promulgate regulations exempting any pesticide chemical from the necessity of a tolerance with respect to use in or on any or all raw agricultural commodities when such a tolerance is not necessary to protect the public health.