882 PUBLIC LAWS-CHS. 695, 696-OCT. 15, 18, 1949 [63 STAT. amended to read as follows: "The legal adviser shall be appointed by the President, by and with the advice and consent of the Senate." Availability of a SEC. 7 . The applicable appropriation for the fiscal year ending June 30, 1950, shall be available for payment of compensation at the rate established for any position by or pursuant to this Act unless it is specifically provided that such appropriation shall not be available for such purpose. Absorption of in- SEC. 8 . The head of each department or independent agency in the creased costs, executive branch of the Government, having personnel subject to the provisions of this Act, is authorized and directed to absorb the increased costs during the fiscal year 1950 resulting from the enact- ment of this Act within any unobligated or unexpended balances in appropriations available to such department or independent agency. Nonapplicability. This section shall not apply to any agency with respect to which the Director of the Bureau of the Budget shall certify that absorption of such increased costs would impair the proper performance of its functions. Effective date. SEC. 9. This Act shall take effect on the first day of the first pay period which begins after the date of enactment of this Act. Approved October 15, 1949. [CHAPTER 696] October 18,1949 AN ACT [li R. 160to] To amend section 801 of the Federal Food, Drug, and Cosmetic Act, as amended. [Public Law 360] Federal Food, Drug, and Cosmetic Act, amendment. 52 Stat. 1058. Destruction of inad- missible articles; exception. 52 Stat. 1058. 21U.S .C . 381(b). Delivery pending decision. Bond. Relabeling, etc., of article. Supervision. Be it enacted by the Senate and House of ,Representatives of the UnitedStates of America in Congress assembled, That subsection (a) of section 801 of the Federal Food, Drug, and Cosmetic Act, as amended (21 U. S. C. 381 (a)), is amended by striking out the period at the end of the second sentence and inserting in lieu thereof: ", except as provided in subsection (b) of this section. The Secretary of the Treasury shall cause the destruction of any such article refused admis- sion unless such article is exported, under regulations prescribed by the Secretary of the Treasury, within ninety days of the date of notice of such refusal or within such additional time as may be permitted pursuant to such regulations." SEC. 2 . Subsection (b) of such section is amended to read: "(b) Pending decision as to the admission of an article being imported or offered for import, the Secretary of the Treasury may authorize delivery of such article to the owner or consignee upon the execution by him of a good and sufficient bond providing for the pay- ment of such liquidated damages in the event of default as may be required pursuant to regulations of the Secretary of the Treasury. If it appears to the Administrator that an article included within the provisions of clause (3) of subsection (a) of this section can, by relabeling or other action, be brought into compliance with the Act or rendered other than a food, drug, device, or cosmetic, final determina- tion as to admission of such article may be deferred and, upon filing of timely written application by the owner or consignee and the execu- tion by him of a bond as provided in the preceding provisions of this subsection, the Administrator may, in accordance with regulations, authorize the applicant to perform such relabeling or other action specified in such authorization (including destruction or export of rejected articles or portions thereof, as may be specified in the Admin- istrator's authorization). All such relabeling or other action pur- suant to such authorization shall in accordance with regulations be under the supervision of an officer or employee of the Federal Security Agency designated by the Administrator, or an officer or employee
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