when used to describe and to indicate truthfully: (1) the nature of an article made, prepared, or processed from spirits of turpentine or rosin, or oleoresin; or (2) the process by which the article was made or prepared.

(i) There shall not be used in the sale in commerce of naval stores or anything offered as such, any label, device, means or practice which is in any manner false, misleading, or deceitful.

(j) Spirits of turpentine packed, described, labeled or sold in a manner indicating that it is a medicinal product or is offered for medicinal use shall be of the standard of quality for such article as laid down in the current U. S. Pharmacopoeia, and shall be subject to the provisions of the Federal Food and Drugs Act (34 Stat. 768, as amended by 37 Stat. 732; 21 U.S.C. Chapter 1), unless there shall appear on the label or principal part thereof a statement that it is not the medicinal article.

(k) The words "pine" or "pine tree" when used to designate the source of any 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 same being the source of gum spirits of turpentine.

(1) The word "gallon" when used on or impressed into any container of spirits of turpentine, or when used in invoices referring to spirits of turpentine in packages of 10 gallons or less capacity, shall be construed to mean and refer to the U. S. standard gallon of 231 cubic inches, regardless of any other definitive term used therewith; provided that this shall not apply to the meaning of the words "Imperial gallon." A 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° F.

(m) An inspector examining any naval stores for the purpose of classifying and grading the same shall remove from the package any classification or grade mark thereon which does not properly describe the naval stores in accordance with his findings.

(n) A compound or mixture containing spirits of turpentine or rosin, or both, with other drugs, when sold for medicinal purposes, is not deemed to be subject to the provisions of the Naval Stores Act but is subject to the provisions of the Federal Food and Drugs Act (34 Stat. 768, as amended by 37 Stat. 732; 21 U.S.C. Chapter 1).*† [Reg. 16]

190.23 Hearings. (a) Whenever it appears that any of the provisions of the Naval Stores Act have been violated notice shall be given to the firm or person that appears to be responsible for the violation, and to such other person or persons as may be advisable, and a date shall be fixed on which such person or persons may appear and be accorded a hearing. Such hearing shall be held at the office of the Administration most convenient to the persons cited, or at the office of the Administration in Washington, District of Columbia, and only factual matters shall be considered. The person or persons notified may present evidence, either oral or written, in person

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*For statutory and source citations, see note to § 190.1.

or by attorney, to show cause why they should not be prosecuted for such apparent violation of the Act.

(b) After such hearing is held, if it appears that the Act has been willfully violated the Secretary shall report the facts for prosecution.*t [Reg. 17]

190.24 Publication of findings. (a) After any judgment has been rendered in any court of competent jurisdiction with respect to any proceeding arising under the Act, notice shall be given by publication. Such notice shall include the findings of the court and may include the analysis, classification, and grade of any article involved in such proceeding and such explanatory statements of fact as may be appropriate. If an appeal shall have been taken from the judgment of the court before such publication, that fact shall appear.

(b) The results of the analysis, classification, or grading made under this Act of any spirits of turpentine or anything offered as such may be published from time to time.

(c) Publications under this section may be in the form of a circular notice or bulletin.*t [Reg. 18]

**For statutory and source citations, see note to § 190.1.

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Part

CHAPTER II-BUREAU OF NARCOTICS

DEPARTMENT OF THE TREASURY

Part

201 Regulations under the Bureau of 202 Regulations under the Narcotic Narcotics Act of June 14, 1930 Drugs Import and Export Act

CROSS REFERENCES

Application and enforcement of the Harrison Narcotic Act: See Panama Canal, 35 CFR Part 16.

Bureau of Customs, Department of the Treasury: See Customs Duties, 19 CFR Chapter I.

Documentation of merchandise, Department of State: See Foreign Relations, 22 CFR Part 96.

Manufacture of opium for smoking purposes under the Act of January 17, 1914 :: See Internal Revenue, 26 CFR Part 150.

Regulations under the Harrison Narcotic Law, as amended: See Internal Revenue, 26 CFR Part 151.

Regulations under the Marihuana Tax Act of 1937: See Internal Revenue, 26 CFR Part 152.

Regulations of the Public Health Service, Department of the Treasury, applying to narcotic addicts. See Public Health, 42 CFR Part 4.

PART 201—REGULATIONS UNDER THE BUREAU OF NARCOTICS ACT OF JUNE 14, 1930

Section 201.1 Appeal from decision of Commissioner. No appeal from any order, rule, or decision of the Commissioner of Narcotics (hereinafter referred to as the Commissioner) will be considered unless the aggrieved party (a) serves upon the Commissioner, within 10 days from the date of such order, rule, or decision, notice in writing of intention to appeal, and (b) files with the Secretary of the Treasury (hereinafter referred to as the Secretary) within 30

Page 1

days from the date of such order, rule, or decision, a written petition as hereinafter provided.*†

*88 201.1 to 201.12, inclusive, issued under the authority contained in secs. 5, 8, 46 Stat. 587; 5 U.S.C. 282c, 21 U.S.C. 198.

tIn 88 201.1 to 201.12, inclusive, the numbers to the right of the decimal point correspond with the respective article numbers in Bureau of Narcotics Regulations 4, May 25, 1938, 3 F.R. 1034.

201.2 Appeal from failure of Commissioner to rule upon or decide matter. No appeal from failure of the Commissioner to rule upon or decide any matter presented to him by proper application shall be considered unless the aggrieved party (a) serves upon the Commissioner, not less than 20 days nor more than 30 days from the date of the presentation of such matter, written notice of intention to appeal, and (b) files with the Secretary, within 30 days from the date of such notice, a written petition as hereinafter provided.*;

201.3 Extension or restriction of time. The Secretary may in his discretion, for cause shown, extend the foregoing time limits in any case. If the Secretary considers that the public interest requires the prompt execution or operation of any order, rule, or decision of the Commissioner, he may in his discretion further restrict the time limits, upon giving reasonable notice to such parties as he considers to be interested.*+

201.4 Suspension of orders. The Commissioner shall suspend the operation of any order, rule, or decision upon receipt of a timely notice of intention to appeal therefrom, pending the presentation of the appeal to the Secretary and his decision thereon.*+

201.5 Petition. The written petition filed with the Secretary shall set forth clearly the complaint and the facts and arguments in support thereof, and may be supported by evidence in the form of affidavits, depositions, and duly authenticated documents and records.*t

201.6 Reference to Commissioner; additional evidence; hearings. The petition shall be referred by the Secretary to the Commissioner and shall be returned by the Commissioner within 10 days from the date of receipt, unless an extension is granted, with an answer in writing and such evidence in the form of affidavits, depositions, records, and documents as the Commissioner considers appropriate. The Secretary may require additional evidence or information from the petitioner or the Commissioner, or may permit any other interested party to intervene and present additional information, evidence, and argument. If he deems it necessary, the Secretary may appoint a representative to conduct a hearing at a designated time and place to afford interested parties, their representatives, and their witnesses an opportunity to present evidence and argument. Such representative shall report promptly to the Secretary a summary of the evidence and argument thus presented, with his recommendation.*t

201.7 Decision of the Secretary. The petition and answer, and all information, evidence, and argument presented will be considered by the Secretary, who will affirm, reverse, or modify the action of the Commissioner, or direct such action to be taken as the Secretary shall deem equitable and just.**

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**For statutory and source citations, see note to § 201.1.