7 U.S.C. § 93 — Establishment of official naval stores stand-

Page 199 TITLE 7—AGRICULTURE § 93 (1) establish uniform standards for testing equipment; and (2) establish uniform testing procedures and sampling techniques; that may be used by processors, refiners, opera- tors of grain elevators and terminals, and others to accurately detect the level of aflatoxin con- tamination of corn in the United States. (Aug. 11, 1916, ch. 313, pt. B, § 22, as added Pub. L. 101–624, title XX, § 2009, Nov. 28, 1990, 104 Stat. 3931; amended Pub. L. 103–156, §§ 11, 13(b)(2), Nov. 24, 1993, 107 Stat. 1528, 1529; Pub. L. 103–354, title II, § 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’ and was translated as reading ‘‘this part’’, meaning part B of act Aug. 11, 1916, known as the United States Grain Standards Act, to reflect the prob- able intent of Congress. AMENDMENTS 1994—Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing and ‘‘Secretary’’ for ‘‘Service’’ in subsec. (c). 1993—Subsec. (a). Pub. L. 103–156, § 11, substituted ‘‘, the National Conference on Weights and Measures, or other appropriate governmental, scientific, or tech- nical organizations’’ for ‘‘and the National Conference on Weights and Measures’’ in introductory provisions. Subsec. (c). Pub. L. 103–156, § 13(b)(2), substituted ‘‘subsections (a) and (b)’’ for ‘‘subsection (a) and (b)’’. CHAPTER 4—NAVAL STORES Sec. 91. Short title. 92. Definitions. 93. Establishment of official naval stores stand- ards. 94. Supplying duplicates of standards; examina- tion, etc., of naval stores and certification thereof. 95. Prohibition of acts deemed injurious to com- merce in naval stores. 96. Punishment for violation of prohibition. 97. Purchase and analysis by Secretary of sam- ples of spirits of turpentine to detect viola- tions; reports to Department of Justice; publication of results of analysis, etc. 98. Fees and charges for naval stores inspection and related services; establishment; collec- tion, etc.; authorization of appropriations; administrative expenses. 99. Separability. Statutory Notes and Related Subsidiaries 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 De- partment of Health and Human Services by section 3508 of Title 20, Education. The Food and Drug Administration in the Depart- ment of Agriculture and its functions, except those functions relating to the administration of the Naval Stores Act, this chapter, were transferred to the Fed- eral Security Agency by 1940 Reorg. Plan No. IV, § 12, set out in the Appendix to Title 5, Government Organi- zation and Employees. § 91. Short title For convenience of reference, this chapter may be designated and cited as ‘‘The Naval Stores Act.’’ (Mar. 3, 1923, ch. 217, § 1, 42 Stat. 1435.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Mar. 3, 1923, ch. 217, § 10, 42 Stat. 1437, provided: ‘‘That this Act [enacting this chapter] shall become ef- fective at the expiration of ninety days next after the date of its approval [Mar. 23, 1923].’’ § 92. Definitions When used in this chapter— (a) ‘‘Naval stores’’ means spirits of turpentine and rosin. (b) ‘‘Spirits of turpentine’’ includes gum spir- its 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 destruc- tive 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 turpen- tine. (j) ‘‘Package’’ means any container of naval stores, and includes barrel, tank, tank car, or other receptacle. (k) ‘‘Person’’ includes partnerships, associa- tions, and corporations, as well as individuals. (l) The term ‘‘commerce’’ means commerce be- tween 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 there- of; or within any Territory or possession or the District of Columbia. (Mar. 3, 1923, ch. 217, § 2, 42 Stat. 1435.) § 93. Establishment of official naval stores stand- ards 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 rec- ommended under existing laws, by or under au- thority of the Secretary of Agriculture, are made the standards for naval stores until other- wise prescribed as hereinafter provided. The Sec- Page 200 TITLE 7—AGRICULTURE § 94 retary 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 reason- able 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 rea- sons and causes deemed by him sufficient, the interests of the trade shall so require, after at least six months’ notice of the proposed modi- fications shall have been given to the trade, so far as practicable, and due hearings or reason- able 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 fol- lowing letters, respectively: X, WW, WG, N, M, K, I, H, G, F, E, D, and B, together with the des- ignation ‘‘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. (Mar. 3, 1923, ch. 217, § 3, 42 Stat. 1435.) § 94. Supplying duplicates of standards; examina- tion, etc., of naval stores and certification thereof The Secretary of Agriculture shall provide, if practicable, any interested persons with dupli- cates of the official naval stores standards of the United States upon request accompanied by ten- der of satisfactory security for the return there- of, under such regulations as he may prescribe. The Secretary of Agriculture shall examine, if practicable, upon request of any interested per- son, 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, classifica- tion, 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 correct- ness of such analysis, classification, or grade and shall be admissible as such in any court. (Mar. 3, 1923, ch. 217, § 4, 42 Stat. 1436; Pub. L. 97–35, title I, § 159(a)(1), Aug. 13, 1981, 95 Stat. 376.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 struck out ‘‘on tender of the cost thereof as required by him,’’ after ‘‘grade the same’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title I, § 159(b), Aug. 13, 1981, 95 Stat. 376, provided that: ‘‘The provisions of this section [amend- ing this section and section 98 of this title] shall be- come effective October 1, 1981’’. § 95. Prohibition of acts deemed injurious to com- merce in naval stores The following acts are hereby declared inju- rious to commerce in naval stores and are here- by 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 ‘‘turpen- tine’’ or the word ‘‘rosin,’’ singly or with any other word or words, or of any compound, deriv- ative, or imitation of either such word, or of any misleading word, or of any word, combination of words, letter, or combination of letters, pro- vided herein or by the Secretary of Agriculture to be used to designate naval stores of any kind or grade, in selling, offering for sale, adver- tising, or shipping anything other than naval stores of the United States standards. (d) The use in commerce of any false, mis- leading, or deceitful means or practice in the sale of naval stores or of anything offered as such. (Mar. 3, 1923, ch. 217, § 5, 42 Stat. 1436.) § 96. Punishment for violation of prohibition 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. (Mar. 3, 1923, ch. 217, § 6, 42 Stat. 1436.) § 97. Purchase and analysis by Secretary of sam- ples of spirits of turpentine to detect viola- tions; reports to Department of Justice; pub- lication of results of analysis, etc. The Secretary of Agriculture is hereby author- ized to purchase from time to time in open mar- ket samples of spirits of turpentine and of any- thing offered for sale as such for the purpose of analysis, classification, or grading and of detect- ing any violation of this chapter. He shall report to the Department of Justice for appropriate ac- tion any violation of this chapter coming to his knowledge. He is also authorized to publish from time to time results of any analysis, classifica- tion, or grading of spirits of turpentine and of anything offered for sale as such made by him under any provision of this chapter. (Mar. 3, 1923, ch. 217, § 7, 42 Stat. 1436.) § 98. Fees and charges for naval stores inspection and related services; establishment, collec- tion, etc.; authorization of appropriations; administrative expenses (a) The Secretary of Agriculture shall fix and cause to be collected fees and charges for the es-