the standards established under the Act. In such cases a written. report, which in no case shall be construed as a certificate, will be issued.** [Reg. 11] 190.13 Methods of analysis, classification and grading. (a) The methods of chemical analysis shall be those prescribed by the Association of Official Agricultural Chemists when applicable; Provided, however, That if no method of chemical anaylsis has been prescribed by the Association of Official Agricultural Chemists or if for any reason any such methods are deemed not suitable or sufficient by the Secretary, any method of analysis or examination satisfactory to him may be employed. (b) The grade of a sample of rosin, taken in accordance with § 190.10, shall be determined by comparing same with the appropriate standard types. The grade shall be the grade of the standard type which the sample equals or excels in color. (c) A package of rosin which, when sampled in accordance with § 190.10, is found to contain two or more distinct grades of rosin, shall take the grade of the darkest rosin found therein. When sampled also from the bottom head this provision shall not apply if such bottom-head sample is not more than one grade lower than the grade of the sample taken in accordance with § 190.10. If such bottom-head sample is more than one grade lower than the top-head sample, the grade assigned to the package shall be that of the darkest rosin found therein. (d) Rosin graded by using so-called "charge samples" or "vat samples," namely those obtained by removing a portion of the rosin while in a hot liquid condition from a vat prior to placing in containers, or obtained from the containers before the rosin has become cold and solidified, is not deemed to have been graded in accordance with the provisions of the Act or the regulations in this part. The sale in commerce of rosin that is found misgraded as the result of such method of sampling and grading shall be considered as constituting willful violation of section 5 of the Act.** [Reg. 12] 190.14 Preparation, sampling, and marking containers of naval stores. (a) An interested person making a request for an examination, analysis, classification, or grading of naval stores shall cause the same to be made available, remove the bungs or heads or otherwise open the containers for sampling, spike the rosin or extract the sampler devices from the barrels, rebung or otherwise close the containers, and mark the same. (b) Except in the case of tank cars and packages intended to be emptied into a tank car or tank, the interested person making the request shall, under the direction and immediate supervision of the inspector, place upon each package a mark to show that it has been examined, classified and graded, together with such further marks as the Secretary may require. If, however, the article is not naval stores, within the meaning of the Act, or does not comply with any United States standard for naval stores, the package containing it shall not be marked. (c) All expenses in connection with the sampling, examination, classification, or grading of naval stores as set forth in paragraphs **For statutory and source citations, see note to § 190.1. Page 103 (a) and (b) of this section, shall be borne by the interested person making the request. (d) In case any mark placed on a package of rosin by or under the direction of an inspector has become illegible, the inspector will make such examination before remarking as may be necessary to establish the proper grade or identity of the rosin. No fee will be charged for this service, but the cost of handling, opening, spiking, and recoopering such rosin will be at the expense of the interested person. (e) Any mark placed upon any package of naval stores by or under the direction of an inspector to show the classification and/or grade or quantity thereof shall not be obliterated, covered up, defaced or otherwise made illegible by any person other than by an inspector as defined in the regulations in this part. (f) Any package so packed as to conceal the fact that it consists in whole or in part of an article which is not naval stores within the meaning of the Act and the regulations in this part, or any package deemed by an inspector to be unsuitable or unfit to be used as a container of naval stores in commerce, shall not be accepted for classification, grading or marking; provided, that any classification or grade marks on or any certificate issued covering any such package shall not relieve the interested person at whose request the article was inspected from responsibility under any provision of the Act or the regulations in this part, or for delivering a proper article of naval stores in commerce. [Reg. 13] 190.15 Turpentine; cost of analysis, classification and grading. For the examination, sampling, analysis and classification of spirits of turpentine, or samples thereof, the interested person requesting such service shall pay a fee, depending on the nature of such service and where it is performed, in accordance with the following rates: (a) For analysis and classification, viz., determination of such chemical and physical properties as may be necessary to ascertain purity, quality and/or compliance with designated specifications, the charge shall be at the rate of $7.00 for each sample so tested. (b) For limited examination and classification, viz., determination of kind, and certain easily determined physical characteristics, where such examination and classification require laboratory tests but do not include all the tests described in (a) of this section, the charge shall be at the rate of $1.00 per sample so tested. (c) For the examination and classification of spirits of turpentine in the field, viz., determination of kind, color, appearance, and quantity of such spirits of turpentine, the charge shall be at the rate of 5 cents per package examined; provided, that except where such turpentine is offered for examination and classification at regular or agreed-upon intervals, the minimum charge for examining and classifying any such lot of spirits of turpentine shall be $2.00; And provided further, That for such examination and classification of the contents of each tank car, the charge shall be $4.00.** [Reg. 14 (a)] 190.16 Rosin; cost of analysis, classification and grading. (a) For the examination, classification and grading of rosin pursuant to Page 104 **For statutory and source citations, see note to § 190.1. the regulations in this part the interested person requesting such service shall pay fees according to the following scale of charges; provided, however, that except where the rosin is offered for grading at regular or agreed-upon intervals throughout a producing season, the minimum charge for classifying and grading any lot of rosin shall be $5.00: (1) For quantities of 800 or more round barrels or other packages of rosin offered for grading at any one place at any one time, the charge will be at the rate of 5 cents per round barrel or package, except as provided in (5) of this paragraph. (2) For quantities of from 500 to 799 round barrels or packages offered for grading at any one place at any one time, the charge will be at the rate of 6 cents per round barrel or other package, except as provided in (5) of this paragraph; Provided, however, That for any such quantity or lot covered by one or more certificates issued to one person the total charge shall not be in excess of $40. (3) For quantities less than 500 round barrels or packages offered for grading the charge will be at the rate of 7 cents per round barrel or other package; Provided, however, That for any such quantity or lot graded at any one place at any one time covered by one or more certificates issued to one person, the total charge shall not be in excess of $30. (4) Fees less than the above may be established by the Secretary whenever the quantities offered or to be offered at any point shall be deemed by him to be sufficiently large to warrant same, and contractual relations shall have been entered into between the Secretary and the interested person or his agent. (5) The charges of 5 and 6 cents per round barrel or other package established by (1) and (2) of this paragraph will apply whenever the grading may be handled as for a single lot, regardless of whether certificates are issued to more than one person; Provided, however, That when certificates are issued to more than one person, the charge for grading any lot of less than 50 barrels covered by a separate certificate shall be at the rate of 7 cents per round barrel or package. (b) For each L. S. Certificate issued in accordance with § 190.12 (c) the owner shall pay, in addition to an amount to cover any extra cost incurred by the Government in connection therewith as set forth in § 190.18, a fee at the rate of 1 cent per round barrel or other package covered by such certificate; Provided, That the minimum charge for any L. S. Certificate will be $1.00. (c) The fee for the analysis, classification, and/or grading of samples of rosin or of anything submitted as such shall be determined in advance in each instance. The person requesting such service shall be notified of such fee and his authority to proceed obtained before such analysis or other examination is made.*† [Reg. 14 (b), (c), (d)] 190.17 New certificates. No fee shall be charged for a new certificate issued in lieu of an outstanding certificate solely for the purpose of correcting clerical errors therein or for the purpose of substituting a new form of certificate for an outstanding certificate.*† [Reg. 14 (e)] **For statutory and source citations, see note to § 190.1. Page 105 190.18 Payment of special travel expenses. Whenever in complying with any request for examination, sampling, analysis, classification, or grading of naval stores it shall be necessary, on account of the nature or urgency of the desired service, for an inspector to depart from a regular schedule or plan of travel, or make a special trip therefor of more than 2 hours duration, including time ordinarily required to proceed to and return from place where service is rendered; or if there be incurred in connection with any such trip extra travel and/or subsistence expenses, as authorized under Government travel regulations; and if, in any such case the service rendered, including time, travel, and subsistence expenses of the inspector, is not compensated by the amount to be collected as fees, as hereinbefore prescribed, then the interested person making the request will be charged such additional amount as, with the prescribed fees, will reimburse the United States for such inspector's time, travel, and subsistence expenses.** [Reg. 14 (f)] CROSS REFERENCE: For regulations of the General Accounting Office relating to transportation requests and identification of travelers, see 4 CFR Part 7. 190.19 Withdrawal of request for service. Whenever a request for any service, as hereinbefore provided, shall be withdrawn, and there has been any work done, travel performed, or preparation made in connection therewith prior to receipt of such withdrawal, the interested person who requested such service and withdrawal shall pay an amount sufficient to compensate the United States for such work, travel, or preparation, in addition to any other expenses incurred, as provided for in § 190.18.*t [Reg. 14 (g)] 190.20 Shipping expense. Any shipping expense in connection with any sample taken at the request of an interested person shall be borne by such person.*t [Reg. 14 (h)] 190.21 Payment for services. (a) The administration shall deliver monthly to each interested person its claim for reimbursement on account of services rendered, in accordance with the prescribed fees and the regulations in this part. Such claim shall be issued as soon as practicable after the last day of each month, provided that any such claim may, in the discretion of the Chief of Administration, be rendered at an earlier date. (b) Payments on account of such claims shall be made by check, draft, post office or express money order made payable to "Treasurer of the United States." (c) If any claim shall remain unpaid after 60 days from the date when same was rendered, it shall be considered delinquent, and the Chief of Administration may order the discontinuance of any further services, or may require from any delinquent person requesting any further service under the Act a deposit or payment in advance sufficient to cover the fees and expenses involved in the performance of such service. (d) All moneys received under §§ 190.8 (b) (j), 190.15-190.20 will be covered into the United States Treasury as miscellaneous receipts.*t [Reg. 15] 190.22 Labels, invoices, advertising, and shipping documents. (a) All naval stores in commerce shall be graded and described in Page 106 **For statutory and source citations, see note to § 190.1. accordance with the Act and the regulations in this part. Packages are not required to be marked, branded, or labeled to describe the nature, grade, classification, and quantity of the contents thereof; but if not so marked, branded or labeled, the invoice or other document pertaining thereto shall describe the said naval stores in accordance with the appropriate standard or standards and these regulations in this part; Provided, That spirits of turpentine which complies with the requirements and specifications of the United States Pharmacopoeia for "oil of turpentine" shall not be deemed to be in violation of the Act or the regulations in this part when described as "spirits of turpentine", "oil of turpentine" or "gum turpentine." (b) Naval stores other than in bulk in tank vehicles, when sold or shipped in commerce under any mark or label to indicate the quality or nature thereof, shall be marked, branded or labeled to show the true classification and grade of the article, in accordance with the standard of identity or grade therefor, and shall also show the true identity of the manufacturer or shipper thereof; Provided, That where shipment is made for the purpose of having the same graded, the above requirement will be waived only with respect to the grade mark. (c) The phrase "under or by reference to the United States standards", as it appears in the Naval Stores Act, is interpreted as follows: (1) the word "under" means by the use of a label, brand, or mark on the package or anything attached to, connected with, or immediately accompanying the same; (2) the words "by reference to" mean by the use of an invoice, bill of sale, shipping paper, or other document specifically describing or referring to the particular naval stores in question. (d) The grade of rosin as specified or referred to in any invoice or other document pertaining thereto, as well as the grade shown on the package, shall be the true grade of the rosin, and there shall be no variance between the grade mark on the package and the grade referred to in the invoice or other document pertaining to the same. (e) Except as provided in paragraph (h) of this section, there shall not be used in commerce either the word "turpentine" or the word "rosin", singly or with any other word or words; or any compound, derivative, or imitation of either of these words; or any misleading word; or any word, combination of words, letter, or combination of letters mentioned in the Naval Stores Act, in any lawfully promulgated standard, or in the regulations, as being applicable to naval stores; in selling, offering for sale, advertising, or shipping any article, unless it is an article of naval stores that conforms with the United States standards. (f) The sale in commerce of a mixture of two or more kinds of spirits of turpentine under any designation is prohibited. (g) Except as provided in paragraph (n) of this section, the word "turpentine" shall not be used in commerce to describe in any manner a mixture consisting of spirits of turpentine with any other oil or solvent. (h) Except as prohibited by paragraph (g) of this section, the use of the word "turpentine" or the word "rosin" is not prohibited Page 107 [1057] |