been provided for by fees under paragraph (a) of this section and the $200 minimum case fees referred to in this paragraph. The deposits by each packer shall be so charged in the same ratio to the total deposits made under this paragraph and under § 155.42 (b) for the inspection of canned oysters as the number of months of inspection service (including number of months, if any, for inspecting canned oysters) rendered in such packer's establishment bears to the total number of months of inspection service for canned shrimp and canned oysters rendered in all establishments. The balance remaining after such charges have been made shall be returned by the Administration to the packers after the completion of the fiscal year. When inspection service is withdrawn from an establishment as authorized by § 155.13 (a), the Administration shall not return to the packer any of the advance deposits made for such establishments; such deposits shall be applied toward the total cost of the entire inspection service in the same manner as the deposits of all other packers subscribing to the service, as prescribed in this paragraph, and the balance which would have accrued to such packer shall be transferred into the Treasury as a miscellaneous receipt. [Paragraph (b) amended May 20, 1947, effective May 23, 1947, 12 F.R. 3318, and Oct. 27, 1947, effective Sept. 30, 1947, 12 F.R. 7108]

CODIFICATION: In § 155.30 (a), "$400" was changed to "$600", May 20, 1947, effective July 1, 1947, 12 F.R. 3318.

§ 155.31 Granting or refusing inspection service; cancellation of application.

CODIFICATION: In § 155.31 (c), the second sentence was amended to read as follows, May 20, 1947, effective July 1, 1947, 12 F.R. 3318: "In case of such withdrawal, the Administrator shall return to such applicant the payment which accompanied the appli

cation, less any salary and other expense incurred by the Administration incident to such application."

§ 155.32 Inspection periods.

CODIFICATION: In § 155.32 (a), "$300" was changed to "$500", May 20, 1947, effective July 1, 1947, 12 F.R. 3318.

§ 155.42 Inspection fees. (a) Except as otherwise provided by the regulations in this part, the fee prescribed for inspection service shall be fifteen (15) cents for each case of canned oysters packed under such service in excess of the first 1,000 cases of oysters, or shrimp and oysters where the packer is also receiving inspection service under the regulations for the inspection of canned shrimp (7 F. R. 4945, as amended). For the purpose of this section a case of canned oysters shall be 48 No. 1 cans (211 x 400) or the equivalent thereof. Advance deposits of not less than $300 shall be made whenever necessary to prevent arrears in the payment of fees, unless the Administration on an estimate of output authorizes payment in other amounts. Any excess advance deposits so made for the fiscal years shall be returned to the packer by the Administration after the inspection service is closed in the establishment.

(b) In addition to the fee prescribed by paragraph (a) of this section, as amended, an initial advance deposit of $600 (which includes a minimum case fee of $200 for inspection service for the first 1,000 cases of canned oysters packed under §§ 155.30 to 155.43) shall accompany each application for an initial inspection period; thereafter, three advance monthly deposits of $600 each shall be made on or before the first day of each following consecutive month: Provided, That a packer who is concurrently receiving inspection service under the regulations for the inspection of canned shrimp (21 CFR, 155.0-155.13) shall not pay any advance deposits under this paragraph. Each application for an extension period shall be accompanied by a deposit of $500, and at subsequent monthly intervals thereafter additional deposits of $500 shall be made; but if the final deposit is to cover a time of less than 30 days, then such deposit shall be at the rate of $16.67 for each day of such time. Advance deposits made under this paragraph shall be charged with the cost of the inspection service which has not been provided for by fees under paragraph (a) of this section and the $200

CHAPTER II-BUREAU OF NARCOTICS, DEPARTMENT OF THE TREASURY

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003).

NOTE: Other regulations issued by the Department of the Treasury appear in Title 12, Chapter I, Title 19, Chapter I, Title 26, Chapter I, Title 31, Title 33, Chapters I, III, and IV, Title 41, Chapter I, and Title 46, Chapter I.

CROSS REFERENCE: For order proclaiming and making effective the finding of the Secretary of the Treasury with regard to the drug amidone having addiction-forming and addictionsustaining liability similar to morphine, see Proclamation 2738, Title 3, Chapter II, supra.

206 Organization, functions and procedures of the Bureau of Narcotics. [Amended]

Delegation orders and hearing rules under the act of March 8, 1946. [Added] ABBREVIATIONS: The following abbreviations are used in this chapter: F.R. Federal Register

Chapter II-Bureau of Narcotics

and imposed upon the Commissioner of Narcotics, subject to the general supervision and direction of the Secretary of the Treasury, all the rights, privileges, powers and duties conferred or imposed upon said Secretary by section 1 of Public Law 320, 79th Congress (60 Stat. 38) so far as such rights, privileges, powers and duties relate to:

(a) The conducting of any hearing to determine the addiction-forming or addiction-sustaining liability of any drug as defined in the act.

(b) The making, prescribing, and issuing, with the approval of the Secretary of the Treasury, of all necessary rules and regulations for carrying out the provisions of section 1 of Public Law 320, 79th Congress (60 Stat. 38).

§ 207.2 Hearing; notice. (a) For the purpose of carrying out the provisions of section 1 of Public Law 320, 79th Congress (60 Stat. 38), due notice shall be given, and opportunity for a public hearing to all interested parties shall be afforded to determine whether any drug as defined in the Federal Food, Drug and Cosmetic Act (Sec. 201 (g), 52 Stat. 1041; 21 U.S.C. 321 (g)) has an addiction-forming or addiction-sustaining liability similar to morphine or cocaine. The Commissioner of Narcotics, designated in this part as the Commissioner, is authorized to conduct a hearing at a time and place to be announced in the notice.

(b) Not less than 20 days prior to the date set for a hearing, the Commissioner shall cause to be published in the FEDERAL REGISTER a notice setting forth the date, time and place of the proposed hearing. The notice shall also identify the drug upon which evidence will be heard to determine its addiction-forming or addiction-sustaining liability. Any person desiring to be heard on the addiction-forming or addiction-sustaining liability of the particular drug shall furnish written notice to the Commissioner of Narcotics, Washington 25, D. C., not later than 20 days from the date notice of hearing is published in the FEDERAL REGISTER. If no written notice of a desire to be heard shall be

received by the Commissioner within such period of 20 days, no hearing shall be held, but the Commissioner shall proceed to make a recommendation based upon the result of pharmacologic tests of the drug. This recommendation, together with a report of the results of pharmacologic tests upon which it is based, shall be transmitted promptly to the Secretary of the Treasury for a finding as to the addiction-forming or addiction-sustaining liability of the drug as compared to morphine or cocaine.

(a) If written § 207.3 Procedure. notice of a desire to be heard is received by the Commissioner within the prescribed period of 20 days, the hearing will be held in accordance with the original notice. Evidence, both documentary and oral, will be received, and argument will be heard, on the question whether the particular drug has an addictionforming or addiction-sustaining liability similar to morphine or cocaine, but all such evidence shall be based upon the result of pharmacologic tests of the drug.

(b) The Commissioner shall prepare a report containing the substance of all evidence adduced, including copies of documentary evidence, the arguments presented, and any briefs submitted and shall transmit the same, with his recommendation, to the Secretary of the Treasury within 30 days from the date of conclusion of the hearing. All persons who were parties to the hearing shall, at the same time, be notified of the Commissioner's recommendation.

(c) Within ten days from the date of receipt of the Commissioner's recommendation, the Secretary of the Treasury shall make his finding, and if he finds that the drug has an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, he shall transmit such finding to the President for proclamation. If he finds that the drug has no such addiction-forming or addiction-sustaining liability, he shall so notify the Commissioner who shall communicate this finding to all persons who were parties to any hearing held under this section.

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