§ 160.76 Annual charge for use of standards. The cost of providing duplicates of the United States Standards for rosin, and of maintaining such duplicates in accurate and proper condition for use in grading rosin, and of keeping necessary records thereof, shall be borne by the interested persons to whom the duplicates have been issued under § 160.74 (a) or (b) or § 160.75, and shall be defrayed by an annual charge of $5.00 for each set of duplicates, payable at the end of each Government fiscal year, or on surrender of the duplicates, computed pro-rata for the number of quarters of the fiscal year during which the duplicates were held: Provided, That when any set of standards issued on loan shall need servicing more often than once in any fiscal year, in order to maintain them in accurate condition for grading, and the need for such extra servicing is deemed by the Administrator to be the result of improper handling and use of the standards by the interested person or his agent, such person shall pay an additional amount of $5.00 for each such additional servicing, plus the cost of any parts or components of the standards replaced in such servicing, and any postage charges incurred by the Department in connection therewith. [11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 FR 6433, Sept. 1, 1955] § 160.77 Reporting on use of standards. Each person to whom any duplicates of the United States Standards for rosin have been loaned under any provision in this part shall, from time to time, submit such reports on the use and condition thereof as may be required by the Administrator. § 160.78 Loss or damage of standards. In case any dupicates become damaged or are missing, the person to whom they were loaned shall promptly inform the Administrator in writing, stating what damage or loss was sustained and how the same occurred. The cost of making necessary repairs to any duplicates, or of replacing those damaged beyond repair, or missing, shall be paid promptly by the person to whom they were originally loaned. § 160.79 Request for additional standards. Any person to whom any duplicates have been loaned without security de posit, who shall request and be granted the loan of additional duplicates to replace the original ones, shall be required to deposit the security provided for in § 160.75 prior to the loan of such additional duplicates. If the set of duplicates first loaned to such person, or any part thereof, is recovered, it shall be returned for inspection or repair. The cost of any repairs or replacements shall be paid, whereupon such original set may be returned to such person, and he shall surrender the second set, on receipt of which the security posted therefor shall be returned. § 160.80 Denial of loan of additional standards. It shall be deemed impracticable under the act to loan additional duplicates to any person who has permitted duplicates previously loaned to him, with or without security, to become lost, damaged, or destroyed, if in the opinion of the Administrator, such loss, damage, or destruction resulted from any failure on the part of the interested person or his agent to take suitable precaution to prevent the loss, damage, or destruction, or when the available supply of duplicates is deemed insufficient to warrant the loan of additional duplicates to such person. § 160.81 Surrender of standards. On the death of any person, or the dissolution or reorganization of any partnership, firm, or corporation, holding any duplicates of the United States Standards for rosin, they shall be promptly returned to the Administrator by the holder thereof. The security deposit received from any person to whom duplicates of the United States Standards for rosin have been loaned will be held in the special deposit account of the Department, and the same will be returned to the person from whom received, or his legal representative, on surrender of the duplicates secured thereby: Provided, That before refund is made the cost of any repairs or replacement shall be deducted. § 160.83 Miscellaneous receipts. All moneys received or withheld to cover the cost of repairs, or of replacing any missing parts of duplicates, or as rental for duplicates, shall be paid into the United States Treasury as Miscellaneous Receipts. § 160.84 SALES AND SHIPMENTS Identification of shipments. The invoice or contract of sale of any naval stores in commerce shall identify and describe the article in accordance with the classification and the standard of kind and grade provided by the act or established by the Administrator. § 160.85 Sale of mixed turpentine not lawful. Since no standard has been provided for a mixture of two or more kinds of spirits of turpentine, the sale in commerce of any such mixture is prohibited under any designation. § 160.86 Prohibited use of United States Standards. It shall be deemed unlawful under any condition to sell, under or by reference to any United States Standard for naval stores, as provided by the act and defined in the regulations in this part, any article which fails to conform with such standard in all respects: Provided, That the phrase "under or by reference to United States Standards" as it appears in the act and the regulations in this part, shall include the use of any words, letters, brands, labels, or marks constituting any of the United States Standards for naval stores on any container of naval stores, on anything attached to or supplied therewith on delivery, or on any inspection, sale, or shipping record or invoice, in describing the kind, classification, or grade of the naval stores covered thereby. § 160.87 Prohibited use of word "turpentine" or derivatives thereof. It shall be deemed unlawful to use in commerce the word "turpentine" or a compound, derivative or imitation thereof, or any word or combination of words which are a part of a United States Standard for any kind of spirits of turpentine, to describe in any manner a mixture of spirits of turpentine with any other oil or solvent. § 160.88 Permitted use of words "turpentine" and "rosin." 99 The use of the word "turpentine" or the word "rosin” is not prohibited in the name of an article made, prepared, or processed from spirits of turpentine or rosin, or to indicate the process whereby such article was made or pre pared: Provided, That this section shall not apply to any article covered by § 160.87. § 160.89 Medicinal preparations. A compound or mixture containing spirits of turpentine or rosin, or both, with other drugs, when sold for medicinal purposes, is not subject to the provisions of the Naval Stores Act or of the provisions in this part. LABELING, ADVERTISING AND PACKING § 160.90 False, misleading, or deceitful practices. No label or other means or practice used in connection with the sale of naval stores in commerce or of anything offered as such shall be false, misleading, or deceitful in any manner. § 160.91 Meaning of words “pine” and "pine tree." The words "pine" or "pine tree," when used to designate the source of spirits of turpentine, shall be deemed to mean a living, growing plant of the genus Pinus, family Pinaceae, unless the words "wood of" are used in connection therewith. The terms "oleoresin of the southern pine" or "oleoresin from the southern pine" shall be deemed to mean the gum or oleoresin exuded by such living, growing trees, the source of gum spirits of turpentine. § 160.92 Meaning of word "gallon." The word "gallon," when used on or impressed into any container of spirits of turpentine, or when used in an invoice referring to spirits of turpentine in containers of 10 gallons content or less, shall mean a United States standard gallon of 231 cubic inches of turpentine, regardless of any other defnitive terms used therewith: Provided, That this shall not apply to the meaning of the words "imperial gallon", when placed on containers intended for foreign shipment. For the purpose of these regulations a measured gallon of turpentine, or any indicated multiple or fractional part thereof, shall be such quantity when measured at a temperature of not more than 75° Fahrenheit, and a weighed gallon shall be construed to mean 7.2 pounds of turpentine. § 160.93 Powdered rosin. The classification and grade of any rosin sold in commerce in a powdered or finely broken condition shall be stated in the invoice or contract of sale in accordance with the kind and grade of the rosin before it was powdered or broken. For the purpose of preventing coalescence there may be incorporated in such article a limited and necessary quantity of inert, nonresinous foreign material: Provided, That the nature and quantity of such inert material shall be stated on the label. § 160.94 Spirits of turpentine for medicinal use. Spirits of turpentine so packed, described, labeled, or sold as to indicate that it is offered as a medicament shall nevertheless be subject to the requirements of the Naval Stores Act and of the provisions in this part, as well as any requirements under any other statute. PROCEEDINGS IN CASE OF VIOLATION § 160.95 Proceedings prior to reporting violations of the act. Whenever it shall appear to the Administrator that any violation of the act should be reported to the United States Department of Justice for appropriate action, he shall serve notice in writing upon the person apparently responsible for the alleged violation and shall give such person an opportunity to show in duplicate to the Administrator within 20 days after the receipt of such notice why the alleged violation should not be reported to the Department of Justice. The person so notified may within the period stated apply for an opportunity to present his views in person, or by his attorney. If the Administrator deems the request appropriate he will designate a time and place for hearing the applicant. § 160.96 Report of violations for prose cution. In the event of failure of the person notified of an apparent violation of the act to submit to the Administrator a written answer as provided in § 160.95, or if, after such person has filed his answer or in addition, been given an opportunity to present his views orally, no sufficient reason has been shown why the alleged violation should not be reported for prosecution, the General Counsel of the Department, acting for and on behalf of the Administrator, shall report the alleged violation to the Department of Justice for appropriate action. § 160.97 Publication. Composite data regarding inspections, analyses, classifications, and grading of naval stores made under any provision of the act or the provisions in this part may be published from time to time in such mediums as the Administrator may designate for the purpose. SPECIFIC FEES PAYABLE FOR SERVICES § 160.201 Fees generally for field inspection and certification of naval stores and drum containers of rosin. Except as provided in § 160.204, the following fees shall be paid to the United States for the field inspection and certification of naval stores and drum containers of rosin, not conducted under a cooperative agreement and where laboratory analysis or testing is not required: (a) Inspections by licensed inspectors at eligible processing plants. (1) Rosin (grading and incidental certification as to class, condition and weight). (1) In drums (see Note 1) -per drum- $0.055 (11) In 100 pound bags (see Note 1) .01 3.00 per bag.. (iii) In tank cars. ---per car.. (iv) In tank trucks----.per truck__ 1.50 (2) Turpentine (grading and incidental certification as to class, condition and volume). (1) In 55 gallon drums.--per drum-- $0.08 (1) In tank cars or trucks per unit of 100 gallons-(11) In bulk for delivery to tank steamer per unit of 100 gallons.. .05 .08 NOTE 1. When the number of drums and bags inspected and certified at any plant during any calendar month is equivalent to a total of 2,400 or more drums (counting five bags as equivalent to one drum), the fee shall be computed at the rate of four and one-half (42) cents per drum and eighttenths cent per bag certified. For quantities less than the equivalent of 2,400 drums, the fee shall be computed at the prescribed rates of five and one-half (5%) cents per drum and one cent per bag, provided that the amount so computed shall not exceed $108.00. NOTE 2. The inspection or related examination of containers of rosin and their contents under Section B (1) (iv) shall be performed only after the inspector or the Chief of the Naval Stores Branch has been advised regarding the location, nature, scope, and purpose of the service desired, and the charge to be made therefor has been submitted to and accepted by the requesting person. [23 F. R. 5003, July 1, 1958] § 160.202 Fees generally for laboratory analysis and testing. Except as provided in § 160.204, the following fees shall be paid to the United States for laboratory analysis and testing of naval stores, when not performed in the conduct of a cooperative agreement with respect to such products: (a) Rosin and turpentine. (See Note 3). (1) Comprehensive analysis to determine purity, specification compliance, or other chemical and physical properties related thereto: formance, and including other cost factors The charge for such analysis and testing will depend on the type and extent of the work required to supply the information desired by the interested person requesting the service. When it appears that the charges indicated in this section will not defray the costs of making the tests required, the interested person shall be so informed before any work is performed and will be supplied with a cost estimate of the actual charges to be made. See also § 160.204. [23 F. R. 5003, July 1, 1958] § 160.203 Fees for inspection and cer tification of other naval stores ma. terial. Whenever it shall be deemed practical and in the interest of the naval stores trade to sample, inspect, analyze and certify any naval stores material other than spirits of turpentine or rosin, at the request of an interested person, the fees for such inspection shall be the same as the fees prescribed for spirits of turpentine. [17 FR 189, Jan. 8, 1952] § 160.204 Fees for extra cost and hourly rate service. The fees specified in §§ 160.201 and 160.202 apply to the routine field inspection and usual laboratory work incident to the certification of commodities covered by those sections. Should additional work be required to provide special information desired by the person requesting service, or should it be necessary for an inspector to make a special trip or to deviate from his regular schedule of travel, or should the fees prescribed in §§ 160.201 and 160.202 otherwise be insufficient to defray the cost to the Government of rendering such service, then the person requesting the service shall pay, in lieu of the prescribed fees, an amount computed by the Department as sufficient to defray the total cost thereof, including allowances for time spent in collecting and preparing samples. obtaining identification records, traveling, performing laboratory tests or other necessary work, and also any expense incurred for authorized transportation and subsistence of the inspector or analyst while in travel status. The charge for time so spent shall be computed at the rate of $5.00 per hour for laboratory work, and $4.50 per hour for field inspection work. [17 FR 189, Jan. 8, 1952, as amended at 28 FR 5004, July 1, 1958] § 160.301 Sulphate wood turpentine. Sulphate wood turpentine means wood turpentine obtained from wood by the sulphate process. (From promulgation of December 20, 1928, effective March 20, 1929.) [17 FR 224, Jan. 9, 1952] § 160.302 Rosin grades generally. The official naval stores standards of the United States for grades of rosin, other than opaque rosin and FF rosin, as modified by the Secretary, consist of the glass types on deposit with the Agricultural Marketing Service of the Department. (From promulgation of November 6, 1935, effective May 6, 1936.) [17 F.R. 224, Jan. 9, 1952, as amended at 83 F.R. 8722, June 14, 1968; 37 F.R. 8059, Apr. 25, 1972] § 160.303 Opaque rosin. Opaque rosin is rosin which, because of its turbid, murky, or cloudy appearance, cannot be graded under the other United States standards. (From promulgation of February 2, 1926, effective May 15, 1926.) [17 F. R. 224, Jan. 9, 1952] tall oil by fractional distillation. Such rosin shall have the characteristic form and appearance and other physical and chemical properties normal for other kinds of rosin. (From promulgation of July 26, 1950, effective November 1, 1950.) [15 F. R. 4886, July 29, 1950] APPENDIX A-STANDARD SPECIFICATIONS FOR SPIRITS OF TURPENTINE 1. These specifications shall cover the following kinds of spirits of turpentine: gum spirits of turpentine; steam distilled wood turpentine; sulphate wood turpentine; destructively distilled wood turpentine. 2. Spirits of turpentine shall be clear and free from suspended matter and water. 3. Spirits of turpentine shall have a color not darker than the grade known by the trade as "Standard." 4. Spirits of turpentine shall have a mild odor characteristic of the kind of spirits of turpentine specified. 5. Spirits of turpentine shall be pure and conform with the following physical requirements: 6. The properties enumerated in these specifications may be determined in accordance with the Methods of Sampling and Testing Turpentine (A. S. T. M. Designation D 233) of the American Society for Testing Materials. APPENDIX B-COLORIMETRIC SPECIFICATIONS FOR U.S. ROSIN STANDARDS (MASTER CUBES XA, XB, AND XC)1 Grade XA. XB. XC. 1 x and y are CIE trilinear coordinates; T is the lumi nous transmission factor. [33 F.R. 8722, June 14, 1968] |