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, c. 217, § 3, 42 Stat. 1435.) Historical Note See historical note to § 91, ante, of this title. § 94. Supplying duplicates of standards; examination, etc., of naval stores and certification thereof. 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 on tender of the cost thereof as required by him, 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, c. 217, § 4, 42 Stat. 1436.) Historical Note See historical note to § 91, ante, of this title. § 95. Prohibition of acts deemed injurious to commerce in naval stores. 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, c. 217, § 5, 42 Stat. 1436.) Historical Note See historical note to § 91, ante, of this title. § 96. Punishment for violation of prohibition. Any person willfully violating any provision of section 95 of this chapter 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, c. 217, § 6, 42 Stat. 1436.) * Comma omitted after year. Historical Note See historical note to § 91, ante, of this title. $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, c. 217, § 7, 42 Stat. 1436.) Historical Note See historical note to § 91, ante, of this title. § 98. Appropriation for and expenses in enforcement of chapter. There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be neces sary for the administration and enforcement of this chapter, and within the limits of such sums the Secretary of Agriculture is authorized to employ such persons and means and make such expenditures for printing, telegrams, telephones, books of reference, periodicals, furniture, stationery, office equipment, travel and supplies, and all other expenses as shall be necessary in the District of Columbia and elsewhere. (Mar. 3, 1923, c. 217, § 8, 42 Stat. 1436.) Historical Note See historical note to § 91, ante, of this title. For current appropriation for carrying into effect the provisions of the chapter, read Agricultural Appropriation Act of Feb. 10, 1925, c. 200, 43 Stat. 838. $99. Effect of partial invalidity of chapter. 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 provision to other persons and circumstances shall not be affected thereby. (Mar. 3, 1923, c. 217, § 9, 42 Stat. 1437.) Historical Note See historical note to § 91, ante, of this title. CHAPTER 5.-IMPORTATION OF ADULTERATED SEEDS ACT Sec. Sec. 111. General prohibition against importa- 114. Violations of chapter; punishment; tion; exceptions. sale of seeds imported for manufacture. 112. When seed deemed adulterated. 113. When seed deemed unfit for seeding. Section 111. General prohibition against importation; exceptions. The importation into the United States of seeds of alfalfa, barley, Canadian blue grass, Kentucky blue grass, awnless brome grass, buckwheat, clover, field corn, Kafir corn, meadow fescue, flax, millet, oats, orchard grass, rape, redtop, rye, sorghum, timothy, vetch, rye grass, and wheat, or mixtures of seeds containing any of such seeds as one of the principal component parts, which are adulterated or unfit for seeding purposes under the terms of this chapter, is hereby prohibited; and the Secretary of the Treasury and the Secretary of Agriculture shall, jointly or severally, make such rules and regulations as will prevent the importation of such seeds into the United States: Provided, however, That such seed may be delivered to the owner or consignee thereof under bond, to be recleaned in accordance with and subject to such regulations as the Secretary of the Treasury may prescribe, and when cleaned to the standard of purity specified in this chapter for admission into the United States such seed may be released to the owner or consignee thereof after the screenings and other refuse removed from such seed shall have been disposed of in a manner prescribed by the Secretary of Agriculture: Provided further, That this chapter shall not apply to the importation of barley, buckwheat, field corn, Kafir corn, sorghum, flax, oats, rye, or wheat not intended for seeding purposes, when shipped in bond through the United States or imported for the purpose of manufacture. (Aug. 24, 1912, c. 382, § 1, 37 Stat. 506; Aug. 11, 1916, c. 313, 39 Stat. 453.) Historical Note This section, as originally enacted, contained the following provision, which formed the final part of the last sentence: "But such shipment shall be subject to provisions of the Act of August fifth, nineteen hundred and nine." Act Aug. 5, 1909, mentioned therein, was the Payne-Aldrich Tariff Act of 1909, c. 6, 36 Stat. 11, then in force and effect, which was superseded by the Underwood Tariff Act of Oct. 3, 1913, c. 16, 38 Stat. 114. The provisions of said Underwood Tariff Act were, with certain minor exceptions, specifically repealed by the Tariff Act of 1922, Act Sept. 21, 1922, c. 356, 42 Stat. 858 [see Title 19, Customs Duties]. The amendment of Aug. 11, 1916, c. 313, cited to the text, added seed of vetch and rye grass to the list of those previously prohibited from importation when adul terated or unfit for seeding purposes. Said amendment read as follows: "Hereafter, the provisions of said Act approved Aug. 24, 1912, shall be applied to seed of vetch and rye grass." § 112. When seed deemed adulterated. Seed shall be considered adulterated within the meaning of this chapter First. When seed of red clover contains more than 3 per centum by weight of seed of yellow trefoil or any other seed of similar appearance to and of lower market value than seed of red clover. Second. When seed of alfalfa contains more than 3 per centum by weight of seed of yellow trefoil, burr clover, and sweet clover, singly or combined. Third. When any kind or variety of the seeds, or any mixture described in section 111 of this chapter, contains more than 5 per centum by weight of seed of another kind or variety of lower market value and of similar appearance: Provided, That the mixture of the seed of white and alsike clover, red and alsike clover, or alsike clover and timothy, shall not be deemed an adulteration under this section. (Aug. 24, 1912, c. 382, § 2, 37 Stat. 507.) § 113. When seed deemed unfit for seeding. Seed shall be considered unfit for seeding purposes within the meaning of this chapter First. When any kind or variety of clover or alfalfa seed contains more than one seed of dodder to 5 grams of clover or alfalfa seed, respectively. Second. When any kind or variety of the seeds or any mixture described in section 111 of this chapter contains more than 3 per centum by weight of seeds of weeds. Third. When any kind or variety or mixture of the seeds described in section 111 of this chapter contains less than 65 per centum of live pure seed as distinguished from dead seed, chaff, dirt, other seeds, or foreign matter: Provided, however, That seed of Kentucky blue grass and seed of Canada blue grass shall not be considered unfit for seeding purposes when they contain 50 per centum or more of live pure seed. (Aug. 24, 1912, c. 382, § 3, 37 Stat. 507; Aug. 11, 1916, c. 313, 39 Stat. 453.) Historical Note The first and second subdivisions of this section were derived from Act Aug. 24, 1912, c. 382, cited to the text. The third subdivision of the section was derived from Act Aug. 11, 1916, c. 313, and prior to its incorporation into this section of the Code read as follows: "Hereafter, when any kind or variety or mixture of the seeds subject to the provisions of said Act of August twenty-fourth, nineteen hundred and twelve, as hereby amended, shall contain less than sixty-five per centum of live pure seed as distinguished from dead seed, chaff, dirt, other seeds, or foreign matter, such seeds or mixtures thereof shall be deemed unfit for seeding |