(iii) Would be inconsistent with law or established public policy; or

(2) The Department determines that all criteria and procedures set forth herein have not been met satisfactorily or that there is a legal impediment to the recommended standard.

(b) Distribution for acceptance or rejection for the purpose of determining general concurrence will be made to a list compiled by the Department, which, in the judgment of the Department, shall be representative of producers, distributors, users, and consumers.

(c) Distribution for comment will be made to any party filing a written request with the Department, and to such other parties as the Department may deem appropriate, including testing laboratories and interested State and Federal agencies.

(d) The Department will analyze the recommended standard and the responses received under paragraphs (b) and (c) of this section. If such analysis indicates that the recommended standard is supported by a consensus, it will be published as a Voluntary Product Standard by the Department, provided that all other requirements listed in these procedures have been satisfied.

(e) The following definitions shall apply to the terms used in this section:

(1) "Consensus" means general concurrence and, in addition, no substantive objection deemed valid by the Department.

(2) "General concurrence" means acceptance among those responding to the distribution made under paragraph (b) of this section in accordance with the conditions set forth in paragraph (f) of this section.

(3) "Substantive objection" means a documented objection based on grounds that one or more of the criteria set forth in these procedures has not been satisfied.

(4) "Average industry acceptance" means a percentage equal to the sum of the percentages of acceptance obtained from responses to distribution of the recommended standard in the producer segment, the distributor segment, and the user and consumer segment, divided by three. No consideration will be given to volume of production or volume of distribution in determining average industry acceptance.

(5) "Producer segment" means those persons who manufacture or produce the product covered by the standard.

(6) "Distributor segment" means those persons who distribute at wholesale or retail the product covered by the standard.

(7) "User and consumer segment" means those persons who use or consume the product covered by the standard.

(8) "Acceptance by volume of production" means the weighted percentage of acceptance of those responding to the distribution in the producer segment. The weighting of each response will be made in accordance with the volume of production represented by each respondent. (9) "Acceptance by volume of distribution" means the weighted percentage of acceptance of those responding to the distribution in the distributor segment. The weighting of each response will be made in accordance with the volume of distribution represented by each respondent.

(f) A recommended standard shall be deemed to be supported by general concurrence whenever:

(1) An analysis of the responses to the distribution under paragraph (b) of this section indicates:

(i) An average industry acceptance of not less than 75 percent;

(ii) Acceptance of not less than 70 percent by the producer segment, the distributor segment, and the user and consumer segment, each segment being considered separately; and

(iii) Acceptance by volume of production and acceptance by volume of distribution of not less than 70 percent in each case, provided that the Department shall disregard acceptance by volume of production or acceptance by volume of distribution or both unless, in the judgment of the Department, accurate figures for the volume of production or distribution are reasonably available and an evaluation of either or both of such acceptances is deemed necessary by the Department; or

(2) The Department determines that publication of the standard is appropriate under the procedures set forth in paragraph (g) of this section and, in addition, an analysis of the responses to the distribution under paragraph (b) of

this section indicates:

(i) An average industry acceptance of not less than 663 percent;

(ii) Acceptance of not less than 60 percent by the producer segment, the distributor segment, and the user and consumer segment, each segment being considered separately; and

(iii) Acceptance by volume of production and acceptance by volume of distribution of not less than 60 percent in each case, provided that the Department shall disregard acceptance by volume of production or acceptance by volume of distribution or both unless, in the judgment of the Department, accurate figures for the volume of production or distribution are reasonably available and an evaluation of either or both of such acceptances is deemed necessary by the Department.

(g) A recommended standard which fails to achieve the acceptance requirements of paragraph (f)(1) of this section, but which satisfies the acceptance criteria of paragraph (f) (2) of this section, will be returned to the Standard Review Committee for reconsideration. The Committee, by the affirmative vote of not less than three-quarters of all members eligible to vote, may resubmit the recommended standard without change to the Department with a recommendation that the standard be published as a Voluntary Product Standard. The Department shall then conduct a public rule-making hearing in accordance with the requirements of law as set forth in section 553 of Title 5, United States Code, to assist it in determining whether publication of the standard is in the public interest. If the Department determines that publication of the standard is in the public interest, the standard will be published as a Voluntary Product Standard. The Department may, at any time after receiving the recommended standard from the Standard Review Committee, and prior to publishing the standard, make editorial or other minor changes deemed necessary to reduce ambiguity or improve clarity within the standard: Provided, however, That no substantive changes shall be made in the standard.

[33 F.R. 7074, May 11, 1968]

§ 10.5a Procedure when a recommended standard is not supported by a con

sensus.

(a) If the Department determines that a recommended standard is not supported by a consensus, the Department may:

(1) Return the recommended standard to the Standard Review Committee for further action, with or without suggestions;

(2) Terminate the development of the recommended standard under these procedures; or

(3) Take such other action as it may deem necessary or appropriate under the circumstances.

[33 F.R. 7075, May 11, 1968]

§ 10.6

Standing Committee for published product standard.

(a) Prior to the printing of a product standard, the Department will appoint a Standing Committee, which may include members from the Standard Review Committee, to receive and consider proposals to revise or amend the standard in light of changing circumstances and to make appropriate recommendations to the Department.

(1) The Committee may be called upon to assist the Department in interpreting the standard. The members of a Standing Committee should be knowledgeable about

(i) The product or products covered by the standard,

(ii) The standard itself, and

(iii) Industry and trade practices relating to the standard.

(2) The membership of a Standing Committee shall have an adequate balance among producers, distributors, users and consumers, and any other important interest such as State or Federal agencies, independent testing laboratories, educational institutions, or professional organizations.

(b) The appointments to the Standing Committee will be for a maximum term

of 5 years. However, the Committee may be reconstituted by the Department, whenever necessary to meet changing situations.

(c) The procedures, organization, and functions of a Standing Committee may be fixed by the Department.

§ 10.7 Publication of standard.

(a) A standard published by the Department under these procedures is a voluntary standard and thus by itself has no mandatory or legally-binding effect. Any person may choose to use or not to use such a standard.

(b) A publication fee will be charged to the sponsoring group, as appropriate, to cover the initial publication expenses incurred by the Government Printing Office in printing the final standard as issued by the Department. This fee will entitle the sponsoring group to one thousand copies of the standard. Additional copies will be sold by the Public Printer in accordance with the Government printing laws and regulations.

§ 10.8 Reference to a standard.

Appropriate reference in contracts, codes, advertising, invoices, announcements, product labels, and the like, may be made to a standard published under these procedures. Such reference shall be in accordance with such policies as the Department may establish.

§ 10.9

Revision or amendment of a standard.

(a) A published standard shall require revision when any of its basic or substantive provisions are determined to be inadequate by its Standing Committee or by the Department for one or more of the following reasons or for other appropriate reasons:

(1) Any portion of the standard is obsolete, technically inadequate, or no longer acceptable to or used by the industry.

(2) The standard or any part of it is being used to mislead consumers or is found to be against the best interests of consumers.

(3) The standard is being used to control or limit production, to set prices, to create undue artificial economic advantages for one part of the industry in relation to another, or otherwise to constitute an unreasonable restraint of trade or create illegal dominance in the industry.

(b) Each suggestion for revision shall be referred to the Standing Committee for appropriate consideration. The processing of a suggested revision is the same as for the development of a new standard under these procedures and the Standing Committee serves the same functions as the Standard Review Committee in the process.

(c) Each standard will be reviewed within 5 years after initial issuance or last revision. Minor technical amendments may be published, at the discretion of the Department, upon the general concurrence of the Standing Committee. § 10.10 Withdrawal of a published

standard.

(a) Any standard published under these or any previous procedures may be withdrawn by the Department at any time upon reasonable public notice if the standard is obsolete, technically inadequate, no longer acceptable to and used by the industry, contrary to law, not in the public interest, or for other reasons, and revision is not feasible or would serve no useful purpose.

(b) Before withdrawing a published standard the Department will review with the Standing Committee for that standard, if such a committee exists, the relative advantages and disadvantages of revision or amendment, development of a new standard, or withdrawal.

(c) Adequate public notice of intent to withdraw an existing standard will be given and all previous acceptors of the standard will be notified of this intent. Withdrawal terminates the authority to refer to the published standard as a commodity or a product standard developed under Department of Commerce procedures, from the effective date of the withdrawal.

§ 10.11 Effect of procedures.

These procedures supersede all commodity standards procedures previously issued by the Department of Commerce or any of its offices or bureaus, but current commodity standards published under any such superseded procedures will remain in effect as Voluntary Product Standards. Nothing contained in these procedures shall be deemed to apply to the development, publication, revision, amendment, or withdrawal of any standard which is not identified as a "Voluntary Product Standard" by the Department. The authority of the Department with respect to engineering standards activities generally, including the authority to publish appropriate recommendations not identified as "Voluntary Product Standards", is not limited in any way by these procedures. [33 F.R. 7075, May 11, 1968]

For the purposes of this part(a) "Person subject to the jurisdiction of the United States" includes

(1) Any person, wherever located, who is a citizen or resident of the United States;

(2) Any partnership, association, corporation, or other organization organized under the laws of, or having its principal place of business in, the United States or any State or possession, Puerto Rico, the District of Columbia, the Virgin Islands, or the Canal Zone; and

(3) Any partnership, association, corporation, or other organization organized under the laws of, or having its principal place of business in, Southern Rhodesia, which is owned or controlled by any persons described in subparagraph (1) or (2) of this paragraph.

(b) "Person" includes an individual, partnership, association, corporation, or other organization.

(a) No person may carry on any ship documented under the laws of the United States or under charter to any person subject to the jurisdiction of the United States any commodity or product if he knows or has reason to believe that said commodity or product is destined directly or indirectly to any person or body in Southern Rhodesia, or to any person or body for the purposes of any business carried on in or operated from Southern Rhodesia and no person may discharge from any such ship any commodity or product at any port or place in transit to Southern Rhodesia unless there is in force a license for the shipment of such commodity or product under the Export Control Act of 1949, as amended or under the Rhodesian Sanctions Regulations issued by the Office of Foreign Assets Control, Department of the Treasury or under section 414 of the Mutual Security Act of 1954, as amended.

(b) No person may carry on any ship documented under the laws of the United States or under charter to any person subject to the jurisdiction of the United States any commodity or product originating in Southern Rhodesia and exported therefrom after May 29, 1968, nor any asbestos, iron ore, chrome, pig iron, sugar, tobacco, copper, meat, and meat products, and hides, skins, and leather originating in Southern Rhodesia and exported therefrom after December 16,

1966 (including ferrochrome produced elsewhere from chrome ore or concentrates originating in Southern Rhodesia and exported therefrom after Dec. 16, 1966) unless a license under the Rhodesian Sanctions Regulations issued by the Office of Foreign Assets Control, Department of the Treasury has been obtained.

(c) The prohibitions of this order apply to the owner, lessee, charterer or operator of such ship and to any officer, employee or agent of such owner, lessee, charterer or operator who participates in such prohibited carriage.

§ 11.3 Application for adjustment or exceptions.

Any person affected by any provisions of this Part 11 may file an application for an adjustment or exception upon the ground that such provision works an exceptional hardship upon him arising from transactions commenced before the date of the issuance of Executive Order 11419 (July 29, 1968). Such an application may be made by letter or telegram addressed to the Assistant Secretary of Commerce for Domestic and International Business, Washington, D.C. 20230, reference 15 CFR Part 11. Any such application should specify in detail the facts which support the applicant's claim for an exception or adjustment.

Act of 1945 (22 U.S.C. sec. 287c), which provides in part:

Any person who willfully violates or evades or attempts to violate or evade any order, rule, or regulation issued by the President pursuant to subsection (a) of this section shall, upon conviction be fined not more than $10,000, or, if a natural person, be imprisoned for not more than 10 years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation or evasion shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, or vehicle, or aircraft, concerned in such violation shall be forfeited to the United States (Dec. 20, 1945, ch. 583, sec. 5, 59 Stat. 620; Oct. 10, 1949, ch. 660, sec. 3, 63 Stat. 735). This section of the United Nations Participation Act of 1945 is applicable to violations of any provisions of this part and to violations of the provisions of any license, ruling, regulations, order, direction or instruction issued pursuant to this part or otherwise under section 5 of the United Nations Participation Act, Executive Order 11322, and Executive Order 11419.

(b) Attention is also directed to 18 U.S.C. 1001 which provides:

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fradulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both.

12.3 Development of voluntary product standards.

12.4 Report to the Congress.

AUTHORITY: The provisions of this Part 12 issued under the authority vested in the Secretary of Commerce by secs. 5(d) and 5(e), 15 U.S.C. 1454, 80 Stat. 1298, and delegated to the Assistant Secretary of Commerce for Science and Technology by sec. 3, Department Order 177 (31 F.R. 6746), as amended (32 F.R. 3110).

SOURCE: The provisions of this Part 12 appear at 32 F.R. 11074, July 29, 1967, unless otherwise noted.

(a) These procedures apply to the discharge of the responsibility given to the Secretary of Commerce by sections 5(d) and 5(e) of the Fair Packaging and Labeling Act (Public Law 89-755, 80 Stat. 1299), hereinafter called the "Act". The word "Secretary", as used hereinafter, shall refer to the Secretary of Commerce or his authorized delegate.

(b) The Secretary does not have the responsibility or the authority under the Act to issue any regulations governing the packaging or labeling practices of private industry.

(c) The Secretary does have the responsibility and authority to:

(1) Determine whether the reasonable ability of consumers to make value comparisons with respect to any consumer commodity or reasonably comparable consumer commodities is impaired by undue proliferation of the weights, measures, or quantities in which such commodity or commodities are being distributed in packages for sale at retail.

(2) Request manufacturers, packers, and distributors, where a determination of undue proliferation has been made, to participate in the development of a voluntary product standard under the procedures governing the Department's voluntary standards program.

(3) Report to Congress with a recommendation as to whether legislation providing regulatory authority should be enacted, when after 1 year following the date private industry has been requested to participate in the development of a voluntary product standard it is determined that such a standard will not be published, or when following the publication of such a standard it is determined that the standard has not been observed.

(d) The Act does not furnish a detailed, definitive explanation of "undue proliferation". It does, however, point out that the condition of "undue proliferation" must be one which "impairs the reasonable ability of consumers to make value comparisons" with respect to consumer commodities. Generally, therefore, the Department will determine "undue proliferation" on a case-by-case basis, and, accordingly, is establishing by these procedures an orderly process for such determinations.

(e) As used hereinafter the term “undue proliferation" shall refer to such undue proliferation-of the weights, measures or quantities in which any consumer commodity or reasonably com