Sec. 5. **[**proceedings**]**
610 words·~3 min read·
/statute-compilations/comps-392/sec-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 5 **[**proceedings**]** **[**[15 U.S.C. 1474](/us/usc/t15/s1474)**]** ###
(a)Proceedings to issue, amend, or repeal a regulation prescribing a standard under section 3 shall be conducted in accordance with the procedures prescribed by section 553 (other than paragraph (3)(B) of the last sentence of subsection
(b)of such section) of title 5 of the United States Code unless the Secretary elects the procedures prescribed by subsection
(e)of section 701 of the Federal Food, Drug, and Cosmetic Act, in which event such subsection and subsections
(f)and
(g)of such section 701 shall apply to such proceedings. If the Secretary makes such election, he shall publish that fact with the proposal required to be published under paragraph
(1)of such subsection (e). ###
(b)####
(1)In the case of any standard prescribed by a regulation issued in accordance with section 553 of title 5 of the United States Code, any person who will be adversely affected by such a standard may, at any time prior to the 60th day after the regulation prescribing such standard is issued by the Secretary, file a petition with the United States Court of Appeals for the circuit in which such person resides or has his principal place of business for a judicial review of such standard. 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 shall file in the court the record of the proceedings on which the Secretary based his standard, as provided in 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 was no opportunity 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 in a hearing or in such other manner, and upon such terms and conditions, as to the court may seem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original standard, with the return of such additional evidence. ####
(3)Upon the filing of the petition under paragraph
(1)of this subsection the court shall have jurisdiction to review the standard of the Secretary in accordance with subparagraphs (A), (B), (C), and
(D)of paragraph
(2)of section 706 of title 5 of the United States Code. If the court ordered additional evidence to be taken under paragraph
(2)of this subsection, the court shall also review the Secretary's standard to determine if, on the basis of the entire record before the court pursuant to paragraphs
(1)and
(2)of this subsection, it is supported by substantial evidence. If the court finds the standard is not so supported, the court may set it aside. ####
(4)With respect to any standard reviewed under this subsection, the court may grant appropriate relief pending conclusion of the review proceedings, as provided in section 705 of such title 5. ####
(5)The judgment of the court affirming or setting aside, in whole or in part, any such standard 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 United States Code.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 5
**[**proceedings**]**
Cites 1Cited by 0 across 0 sources