§ 160.84 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 Secretary by the holder thereof.

§ 160.85 Return of security. 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 may be made the cost of any repairs or replacement shall be deducted.

§ 160.86 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.

SALES AND SHIPMENTS

§ 160.87 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 Secretary.

§ 160.88 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.

§ 160.89 Prohibited use of United States Standards. It shall be deemed unlawful under any conditions 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.

$160.90 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.

§ 160.91 Permitted use of words "turpentine" and "rosin”. 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 prepared: Provided, That this section shall not apply to any article covered by § 160.90.

§ 160.92 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 regulations in this part.

LABELING, ADVERTISING AND PACKING

§ 160.93 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.

§ 160.94 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.

§ 160.95 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 definitive 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.

§ 160.96 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.

§ 160.97 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 regulations in this part, as well as any requirements under any other statute.

PROCEEDINGS IN CASE OF VIOLATION

§ 160.98 Proceedings prior to reporting violations of the act. Whenever it shall appear to the Secretary 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 Secretary 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 Secretary deems the request appropriate he will designate a time and place for hearing the applicant.

§ 160.99 Report of violations for prosecution. In the event of failure of the

person notified of an apparent violation of the act to submit to the Secretary a written answer as provided in § 160.98, 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 Solicitor of the Department, acting for and on behalf of the Secretary, shall report the alleged violation to the Department of Justice for appropriate action.

§ 160.100 Publication. Composite data regarding inspections, analyses, classifications, and grading of naval stores made under any provision of the act or the regulations in this part may be published from time to time in such mediums as the Secretary may designate for the purpose. 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:

PART 201-FEDERAL SEED ACT
REGULATIONS

NOTE: Order, Acting Secretary of Agriculture, June 28, 1946, 11 F.R. 7330, provides in part as follows:

The requirements of paragraph 201 (a) (8) of the Federal Seed Act of August 9, 1939,

(53 Stat. 1279; 7 U.S.C. 1571), as to labeling seed for germination when transported or delivered for transportation in interstate commerce for seeding purposes shall not apply to the 1946 crop of seed of Kentucky bluegrass, Poa pratensis, during the period beginning August 1, 1946, and ending October 15, 1946.

Jerusalem-cherry (Solanum capsicastrum, S. pseudocapsicum, S. hendersoni).

Leaves of deciduous or evergreen trees that have been treated or dyed.

Mistletoe (Phoradendron flavescens, Viscum album, etc.).

Oregon huckleberry (Vaccinium ovatum).
Partridgeberry (Mitchella repens).

Salal cuttings, known to the trade as lemon cuttings, (Gaultheria shallon).

Strawberry plants (Fragaria, spp.).
Trailing arbutus (Epigaea repens).
Verbena (Verbena spp.).

Wintergreen (Gaultheria procumbens, Pyrola spp.).

Cuttings of all other woody plants that have been grown in the greenhouse throughout the year and when labeled on the outside of the container to show that the contents were greenhouse grown.

(b) Quarry products.

Stone and quarry products when processed by grinding and pulverizing.

Vermiculite (variously termed zonolite or mica-gro) when exfoliated or expanded and when packaged in closed containers.

(c) Timber products. The following materials are exempted from regulation when they have met the conditions as specified below for each and when invoices and waybills, covering bulk carload or less-than-carload shipments, bear a notation to the effect that the consignor certifies that the contents of the shipment have been produced under conditions which entitle the material to exemption as specified in the Federal gypsy moth quarantine regulations or administrative instructions issued in connection therewith:

Sawdust that has been (1) produced in established, nonportable, commercial sawmills from boards or other timber previously sawed four sides, (2) subsequently blown through an air-blast conveyor line having a minimum length of 50 feet and at least one 90° or sharper angle, (3) protected from infestation prior to shipment.

Shavings that have been either (1) produced by planers having 6 or more blades, or (2) blown through an air-blast conveyor line having a minimum length of 50 feet and at least one 90° or sharper angle; and in either case protected from infestation prior to shipment.

Wood flour, pulverized wood, or ground wood sawdust, when processed by screening or sifting through a screen of at least 30 meshes per inch.

(Sec. 8, 37 Stat. 318, as amended; 7 U.S.C. 161) [B.E.P.Q. 386, 8th Rev., Mar. 5, 1946, effective Mar. 18, 1946; 11 F.R. 2813]

Page 631