7 U.S.C. § 98 — Fees and charges for naval stores inspection

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- Page 201 TITLE 7—AGRICULTURE §§ 121 to 134 tablishment of standards under section 93 of this title and for examinations, analyses, classifica- tions, and other services under section 94 of this title which shall cover, as nearly as practicable, the costs of providing such services and stand- ards as the Secretary shall deem necessary, in- cluding 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 ex- penses 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 sus- pended 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 appro- priated such sums as may be necessary for the enforcement and administration of this chapter. (Mar. 3, 1923, ch. 217, § 8, 42 Stat. 1436; Pub. L. 97–35, title I, § 159(a)(2), Aug. 13, 1981, 95 Stat. 376.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 added subsec. (a). Former unlet- tered provisions were designated subsec. (b) and, as so designated, struck out authorization of the Secretary to employ personnel and make administrative expendi- tures. Statutory Notes and Related Subsidiaries 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. § 99. Separability If any provision of this chapter or the applica- tion 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. (Mar. 3, 1923, ch. 217, § 9, 42 Stat. 1437.) CHAPTER 5—IMPORTATION OF ADULTERATED SEEDS §§ 111 to 116. Repealed. Aug. 9, 1939, ch. 615, § 419, 53 Stat. 1290 Sections, act Aug. 24, 1912, ch. 382, §§ 1–6, 37 Stat. 506, related to regulation of foreign commerce by prohib- iting admission into United States of adulterated grain and seeds. See section 1551 et seq. of this title. Section 111 amended by acts Aug. 11, 1916, ch. 313, 39 Stat. 453; Apr. 26, 1926, ch. 186, § 1, 44 Stat. 325. Section 113 amended by act Aug. 11, 1916, ch. 313, 39 Stat. 453. Sections 115 and 116 amended by act Apr. 26, 1926, ch. 186, § 2, 44 Stat. 325. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL; EXCEPTIONS Repeal effective on the one hundred and eightieth day after Aug. 9, 1939, except that notices with respect to imported alfalfa and red clover seed promulgated by the Secretary of Agriculture under authority of former sections 111 to 116 of this title, which were in effect Aug. 9, 1939, remained in full force and effect as if pro- mulgated under sections 1551 to 1610 of this title. CHAPTER 6—INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL SUBCHAPTER I—INSECTICIDES Sec. 121 to 134. Repealed. SUBCHAPTER II—ENVIRONMENTAL PESTICIDE CONTROL 135 to 135k. Omitted. 136. Definitions. 136a. Registration of pesticides. 136a–1. Reregistration of registered pesticides. 136b. Transferred. 136c. Experimental use permits. 136d. Administrative review; suspension. 136e. Registration of establishments. 136f. Books and records. 136g. Inspection of establishments, etc. 136h. Protection of trade secrets and other infor- mation. 136i. Use of restricted use pesticides; applicators. 136i–1. Pesticide recordkeeping. 136i–2. Collection of pesticide use information. 136j. Unlawful acts. 136k. Stop sale, use, removal, and seizure. 136l. Penalties. 136m. Indemnities. 136n. Administrative procedure; judicial review. 136o. Imports and exports. 136p. Exemption of Federal and State agencies. 136q. Storage, disposal, transportation, and recall. 136r. Research and monitoring. 136r–1. Integrated Pest Management. 136s. Solicitation of comments; notice of public hearings. 136t. Delegation and cooperation. 136u. State cooperation, aid, and training. 136v. Authority of States. 136w. Authority of Administrator. 136w–1. State primary enforcement responsibility. 136w–2. Failure by the State to assure enforcement of State pesticide use regulations. 136w–3. Identification of pests; cooperation with De- partment of Agriculture’s program. 136w–4. Omitted. 136w–5. Minimum requirements for training of main- tenance applicators and service technicians. 136w–6. Environmental Protection Agency minor use program. 136w–7. Department of Agriculture minor use pro- gram. 136w–8. Pesticide registration service fees. 136x. Severability. 136y. Authorization of appropriations. SUBCHAPTER I—INSECTICIDES §§ 121 to 134. Repealed. June 25, 1947, ch. 125, § 16, 61 Stat. 172 Sections, act Apr. 26, 1910, ch. 191, 36 Stat. 335, for- merly known as ‘‘The Insecticides Act’’, are covered by subchapter II of this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Act June 25, 1947, ch. 125, § 16, 61 Stat. 172, repealed this subchapter effective one year after June 25, 1947, and further provided that this subchapter should be deemed to remain in full force for the purpose of sus- taining any proper suit, action, or other proceeding