From Law Delta
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.
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, §12, set out in the Appendix to Title 5, Government Organization 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.)
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).”
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.
(Mar. 3, 1923, ch. 217, §2, 42 Stat. 1435.)
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.
(Mar. 3, 1923, ch. 217, §3, 42 Stat. 1435.)
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.
(Mar. 3, 1923, ch. 217, §4, 42 Stat. 1436; Pub. L. 97–35, title I, §159(a)(1), Aug. 13, 1981, 95 Stat. 376.)
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”.
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.
(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 samples of spirits of turpentine to detect violations; reports to Department of Justice; publication of results of analysis, etc.
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.
(Mar. 3, 1923, ch. 217, §7, 42 Stat. 1436.)
(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.
(Mar. 3, 1923, ch. 217, §8, 42 Stat. 1436; Pub. L. 97–35, title I, §159(a)(2), Aug. 13, 1981, 95 Stat. 376.)
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.
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.
(Mar. 3, 1923, ch. 217, §9, 42 Stat. 1437.)