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7 USC CHAPTER 4 - NAVAL STORES 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

.

-HEAD-

CHAPTER 4 - NAVAL STORES

-MISC1-

Sec.

91. Short title.

92. Definitions.

93. Establishment of official naval stores standards.

94. Supplying duplicates of standards; examination, etc., of naval

stores and certification thereof.

95. Prohibition of acts deemed injurious to commerce in naval

stores.

96. Punishment for violation of prohibition.

97. Purchase and analysis by Secretary of samples of spirits of

turpentine to detect violations; reports to Department of

Justice; publication of results of analysis, etc.

98. Fees and charges for naval stores inspection and related

services; establishment; collection, etc.; authorization of

appropriations; administrative expenses.

99. Separability.

-TRANS-

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were

transferred to the Secretary of Health, Education, and Welfare and

all agencies of the Federal Security Agency were transferred to the

Department of Health, Education, and Welfare by section 5 of 1953

Reorg. Plan No. 1, eff. Mar. 12, 1953, 18 F.R. 2053, 67 Stat. 631,

set out in the Appendix to Title 5, Government Organization and

Employees. The Federal Security Agency and the office of

Administrator were abolished by section 8 of 1953 Reorg. Plan No.

1.

The Secretary and Department of Health, Education, and Welfare

was redesignated the Secretary and Department of Health and Human

Services by section 3508 of Title 20, Education.

The Food and Drug Administration in the Department of Agriculture

and its functions, except those functions relating to the

administration of the Naval Stores Act, this chapter, were

transferred to the Federal Security Agency by 1940 Reorg. Plan No.

IV, Sec. 12, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 608c of this title.

-CITE-

7 USC Sec. 91 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 91. Short title

-STATUTE-

For convenience of reference, this chapter may be designated and

cited as ''The Naval Stores Act.''

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 1, 42 Stat. 1435.)

-MISC1-

EFFECTIVE DATE

Section 10 of act Mar. 3, 1923, provided: ''That this Act

(enacting this chapter) shall become effective at the expiration of

ninety days next after the date of its approval (Mar. 23, 1923).''

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7 USC Sec. 92 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 92. Definitions

-STATUTE-

When used in this chapter -

(a) ''Naval stores'' means spirits of turpentine and rosin.

(b) ''Spirits of turpentine'' includes gum spirits of turpentine

and wood turpentine.

(c) ''Gum spirits of turpentine'' means spirits of turpentine

made from gum (oleoresin) from a living tree.

(d) ''Wood turpentine'' includes steam distilled wood turpentine

and destructively distilled wood turpentine.

(e) ''Steam distilled wood turpentine'' means wood turpentine

distilled with steam from the oleoresin within or extracted from

the wood.

(f) ''Destructively distilled wood turpentine'' means wood

turpentine obtained in the destructive distillation of the wood.

(g) ''Rosin'' includes gum rosin and wood rosin.

(h) ''Gum rosin'' means rosin remaining after the distillation of

gum spirits of turpentine.

(i) ''Wood rosin'' means rosin remaining after the distillation

of steam distilled wood turpentine.

(j) ''Package'' means any container of naval stores, and includes

barrel, tank, tank car, or other receptacle.

(k) ''Person'' includes partnerships, associations, and

corporations, as well as individuals.

(l) The term ''commerce'' means commerce between any State,

Territory, or possession, or the District of Columbia, and any

place outside thereof; or between points within the same State,

Territory, or possession, or the District of Columbia, but through

any place outside thereof; or within any Territory or possession or

the District of Columbia.

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 2, 42 Stat. 1435.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 93 of this title; title 12

section 1141j.

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7 USC Sec. 93 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 93. Establishment of official naval stores standards

-STATUTE-

For the purposes of this chapter the kinds of spirits of

turpentine defined in subdivisions (c), (e), and (f) of section 92

of this title and the rosin types heretofore prepared and

recommended under existing laws, by or under authority of the

Secretary of Agriculture, are made the standards for naval stores

until otherwise prescribed as hereinafter provided. The Secretary

of Agriculture is authorized to establish and promulgate standards

for naval stores for which no standards are herein provided, after

at least three months' notice of the proposed standard shall have

been given to the trade, so far as practicable, and due hearings or

reasonable opportunities to be heard shall have been afforded those

favoring or opposing the same. No such standard shall become

effective until after three months from the date of the

promulgation thereof. Any standard made by this chapter or

established and promulgated by the Secretary of Agriculture in

accordance therewith may be modified by said Secretary whenever,

for reasons and causes deemed by him sufficient, the interests of

the trade shall so require, after at least six months' notice of

the proposed modifications shall have been given to the trade, so

far as practicable, and due hearings or reasonable opportunities to

be heard shall have been afforded those favoring or opposing the

same; and no such modification so made shall become effective until

after six months from the date when made.

The various grades of rosin, from highest to lowest, shall be

designated, unless and until changed, as hereinbefore provided, by

the following letters, respectively: X, WW, WG, N, M, K, I, H, G,

F, E, D, and B, together with the designation ''gum rosin'' or

''wood rosin'', as the case may be.

The standards herein made and authorized to be made shall be

known as the ''Official Naval Stores Standards of the United

States,'' and may be referred to by the abbreviated expression

''United States Standards'', and shall be the standards by which

all naval stores in commerce shall be graded and described.

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 3, 42 Stat. 1435.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 98 of this title.

-CITE-

7 USC Sec. 94 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 94. Supplying duplicates of standards; examination, etc., of

naval stores and certification thereof

-STATUTE-

The Secretary of Agriculture shall provide, if practicable, any

interested persons with duplicates of the official naval stores

standards of the United States upon request accompanied by tender

of satisfactory security for the return thereof, under such

regulations as he may prescribe. The Secretary of Agriculture

shall examine, if practicable, upon request of any interested

person, any naval stores and shall analyze, classify, or grade the

same under such regulations as he may prescribe. He shall furnish

a certificate showing the analysis, classification, or grade of

such naval stores, which certificate shall be prima facie evidence

of the analysis, classification, or grade of such naval stores and

of the contents of any package from which the same may have been

taken, as well as of the correctness of such analysis,

classification, or grade and shall be admissible as such in any

court.

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 4, 42 Stat. 1436; Pub. L. 97-35, title

I, Sec. 159(a)(1), Aug. 13, 1981, 95 Stat. 376.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 struck out ''on tender of the cost thereof

as required by him,'' after ''grade the same''.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 159(b) of Pub. L. 97-35 provided that: ''The provisions

of this section (amending this section and section 98 of this

title) shall become effective October 1, 1981''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 98 of this title.

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7 USC Sec. 95 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 95. Prohibition of acts deemed injurious to commerce in naval

stores

-STATUTE-

The following acts are hereby declared injurious to commerce in

naval stores and are hereby prohibited and made unlawful:

(a) The sale in commerce of any naval stores, or of anything

offered as such, except under or by reference to United States

standards.

(b) The sale of any naval stores under or by reference to United

States standards which is other than what it is represented to be.

(c) The use in commerce of the word ''turpentine'' or the word

''rosin,'' singly or with any other word or words, or of any

compound, derivative, or imitation of either such word, or of any

misleading word, or of any word, combination of words, letter, or

combination of letters, provided herein or by the Secretary of

Agriculture to be used to designate naval stores of any kind or

grade, in selling, offering for sale, advertising, or shipping

anything other than naval stores of the United States standards.

(d) The use in commerce of any false, misleading, or deceitful

means or practice in the sale of naval stores or of anything

offered as such.

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 5, 42 Stat. 1436.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 96 of this title.

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7 USC Sec. 96 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 96. Punishment for violation of prohibition

-STATUTE-

Any person willfully violating any provision of section 95 of

this title shall, on conviction, be punished for each offense by a

fine not exceeding $5,000 or by imprisonment for not exceeding one

year, or both.

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 6, 42 Stat. 1436.)

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7 USC Sec. 97 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 97. Purchase and analysis by Secretary of samples of spirits

of turpentine to detect violations; reports to Department of

Justice; publication of results of analysis, etc.

-STATUTE-

The Secretary of Agriculture is hereby authorized to purchase

from time to time in open market samples of spirits of turpentine

and of anything offered for sale as such for the purpose of

analysis, classification, or grading and of detecting any violation

of this chapter. He shall report to the Department of Justice for

appropriate action any violation of this chapter coming to his

knowledge. He is also authorized to publish from time to time

results of any analysis, classification, or grading of spirits of

turpentine and of anything offered for sale as such made by him

under any provision of this chapter.

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 7, 42 Stat. 1436.)

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7 USC Sec. 98 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 98. Fees and charges for naval stores inspection and related

services; establishment, collection, etc.; authorization of

appropriations; administrative expenses

-STATUTE-

(a) The Secretary of Agriculture shall fix and cause to be

collected fees and charges for the establishment of standards under

section 93 of this title and for examinations, analyses,

classifications, and other services under section 94 of this title

which shall cover, as nearly as practicable, the costs of providing

such services and standards as the Secretary shall deem necessary,

including administrative and supervisory costs. Such fees and

charges, when collected, shall be credited to the current

appropriation account that incurs such costs and shall be available

without fiscal year limitation to pay the expenses of the Secretary

incident to providing such services and standards under this

chapter. Fees and charges shall be assessed and collected from

processors and warehousers of naval stores, and inspection and

related services shall be suspended or denied to any such processor

or warehouser upon failure to timely pay the fees and charges

assessed.

(b) There are hereby authorized to be appropriated such sums as

may be necessary for the enforcement and administration of this

chapter.

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 8, 42 Stat. 1436; Pub. L. 97-35, title

I, Sec. 159(a)(2), Aug. 13, 1981, 95 Stat. 376.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 added subsec. (a). Former unlettered

provisions were designated subsec. (b) and, as so designated,

struck out authorization of the Secretary to employ personnel and

make administrative expenditures.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

159(b) of Pub. L. 97-35, set out as a note under section 94 of this

title.

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7 USC Sec. 99 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 4 - NAVAL STORES

-HEAD-

Sec. 99. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, the validity of the

remainder of the chapter and of the application of such provisions

to other persons and circumstances shall not be affected thereby.

-SOURCE-

(Mar. 3, 1923, ch. 217, Sec. 9, 42 Stat. 1437.)

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