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(a) General rule. Your ceiling price for | If there are two or more of such largest | ject to the criminal penalties, civil en each item of fresh fish and seafood (that deliveries of the same quantity, use the forcement actions, license suspensio is, for each kind, size, and style of dress- most recent of these deliveries. proceedings, and suits for treble dam ing or preparation), listed in Table A ages provided for by the Emergenc shall be the total of (1) the "net cost" Price Control Act of 1942, as amended of the largest delivery of the item reAlso, any person who, in the course d ceived by you during the preceding trade or business, buys from you at seven-day period if you are a Group 1 price higher than your ceiling price, or 2 store, or the weighted average "net subject to the criminal penalties an cost" of all deliveries of the item during civil enforcement actions provided fo the preceding seven-day period if you by that act. are a Group 3 or 4 store, plus (2) the mark-up given your group for the item

in Table A.

(b) When you must figure your ceiling prices. By the opening of business on January 27, 1944, you must have figured your ceiling price for each item of fresh fish and seafood listed in Table A which you have in stock at that time. These ceiling prices must be checked each week after January 27, 1944, and changed on Thursday of each week for any item, if your "net cost" of that item has changed in the preceding seven days. Never change your ceiling price on any day but Thursday.

For any item which you receive for the first time, or which you have not received during the preceding seven days, you must figure your ceiling price as soon as you receive it and before you make any sales, using the "net cost" of that first delivery. On each Thursday after that, delivery. On each Thursday after that, you must treat the item as you would any other item of fresh fish and seafood any other item of fresh fish and seafood covered under this regulation.

Stores under one ownership pricing from a central point may refigure ceiling prices for items so priced, based on the "net cost" of deliveries received during the seven days preceding Tuesday of

(ii) Use of weighted average "net cost" instead of "net cost" of largest delivery. If you are a Group 1 or 2 store, you may use the weighted average "net cost" of all deliveries during the seven-day period, instead of using the "net cost" of the largest delivery during that period. If you figure "net cost" in this manner, however, you may not use the "net cost" of the largest delivery during the preceding seven-day period for any of the

items listed in Table A.

(3) Provisions applicable to Group 3 and 4 stores. If you are a Group 3 or 4 store, your "net cost" will be the weighted average "net cost" of all deliveries of the item to you during the seven-day period before the Thursday for which you are figuring your price, except that stores under one ownership who price from a central point may use the weighted average "net cost" of deliveries received during the seven days preceding Tuesday of each week.

(b) Mark-up. Turn to Table A to find the mark-up for the item given your group of store.

(c) Ceiling prices. Your ceiling price will be the total of your dollars-andcents mark-up added to your "net cost". Where this calculation results in a fraction of a cent, the figure must be reduced to the next lower cent if the fraction is less than 2 cent, and may be increased to the next higher cent, if the fraction is 1/2 cent or more.

If you sell an item in a quantity other than the selling unit given in Table A,

SEC. 8. Sales slips and receipts. If yo have customarily given a purchaser sales slip, receipt or similar evidence o purchase, you must continue to do so Furthermore, regardless of your cus tom, you must give any customer wh asks for it a receipt showing the date your name and address, and each iter your name and address, and each iter sold and the price you charged for it.

SEC. 9. Records. After January 26 1944, you must keep for one year afte you receive them all your invoices, freigh bills, and other records showing the pric you paid and the date you received de livery of each item covered by this regu lation.

You are required to show all your in voices on request of any OPA representa tive, and to furnish on request of an OPA representative a written record o your ceiling price in. effect at any par ticular time or times for any or all of th items covered by this regulation. must also keep available for inspection by any OPA representative the record you used in deciding what group you

store is in.

Yo

Stores under one ownership pricin from a central point must also kee available at all times in each store a lis

each week. These prices must not be put you must reduce or increase your price showing the current selling price, as se

into effect until the following Thursday.
SEC. 4. Directions for figuring ceiling
prices for fresh fish and seafood-(a)
"Net cost"-(1) Provisions applicable to
all stores. (i) Your "net cost" will be the
amount you paid your supplier, less all
discounts except the discount for prompt
payment, plus all transportation charges
you paid to transport the item to your
usual receiving point, which may include
costs for icing and refrigeration in Scribe this price with the words "ceiling Licensing Order No. 1,3 licensing all per

proportionately. If figuring a price for
at the central point, of each item s
a quantity different from the "selling
unit" results in a fraction of a cent, you in each store for one year, or, in the alter
priced. These price lists must be kep
may charge the next higher cent.
native, must be kept in each store fo
SEC. 5. Prices which you must post-thirty days, and thereafter for a perio
(a) Ceiling prices. At all times, you of eleven months in the warehouse from
must have your ceiling price for each which the items are delivered to the store
item covered by this regulation clearly and must be shown, on request, to an
shown at the place where you offer the OPA representative.
item for sale. You do not have to de-

transit, but which may not include costs for local trucking and local unloading.

price".

(b) Selling prices. If price of any item is

your selling

SEC. 10. Licensing. The provisions o sons who make sales under price contro are applicable to all sellers subject t

suspended for violations of the license o

purchases delivered to your usual re-selling price directly below your ceiling (ii) Your "net cost" must be based on ceiling price you must also post this this regulation. A seller's license may b ceiving point. price.

(iii) Your "net cost" must be figured on the basis of a per pound selling unit. SEC. 6. Indirect price increases proAlways figure "net cost" to three deci-hibited. You must not evade any of the mal places. Do not round out any frac- provisions of this regulation or any tions until you have added your mark-up. order issued pursuant to it by any (iv) You may never use as "net cost" scheme or device. You must not, as a the cost of a purchase from another re- condition of selling any particular item, tailer, and you must never figure your require a customer to buy anything else. "net cost" on a purchase made at a cost Any such evasion is punishable as a viohigher than your supplier's ceiling price. lation of this regulation.

(2) Provisions applicable to Groups 1 SEC. 7. Prohibitions. On and after and 2 stores-(i) "Net cost" of largest January 27, 1944, if you sell or deliver, delivery. If you are a Group 1 or 2 store, or offer to sell or deliver at a price to figure your ceiling price, you must first higher than your ceiling price fixed by find the "net cost" of the largest de- this regulation or any order issued purlivery received by you of the item during suant to it, or if you otherwise violate the seven-day period before the Thurs- any provisions of this regulation or any day for which you are figuring your price. I order issued pursuant to it, you are sub

of one or more applicable price schedule or regulations. A person whose licens is suspended may not, during the perio of suspension, make any sale for whic his license has been suspended.

SEC. 11. Notice of dollars-and-cent

ceiling prices. From time to time th OPA may, by order issued pursuant t Revised General Order No. 51, fix in you region or community, dollars-and-cent ceiling prices for some or all of the item under this regulation. When these dol lars-and-cents prices are fixed, you ma not thereafter sell at higher prices, an those orders may provide that such price replace the ceiling prices which you hav under this regulation. If such orders d

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not provide that they replace your prices of dressing is the price, fixed at the time
under this regulation, you must continue you process it, for that style of dressing
to figure your prices under this regu-in Maximum Price Regulation No. 418,
as listed in the table of prices covering
SEC. 12. Further provisions supple-which you "process" is one which you
SEC. 12. Further provisions supple- your supplier's sale to you. If the item
menting or explaining this regulation.
From time to time, the Price Adminis-
From time to time, the Price Adminis- purchased from a producer under Table
trator may, by amendment, issue further A in Maximum Price Regulation No. 418,
provisions which will supplement the your "net cost" is the price, fixed at the
time you process it, for that style of
provisions of this regulation or explain dressing in Table B of Maximum Price
the rights and duties of buyers and Regulation No. 418. If you received de-
sellers under it. These further provi- liveries from more than one type of sup-
sions will become part of this regulation plier, use the table price in Maximum
and may be added as paragraphs to this Price Regulation No. 418 applicable to
the type of supplier from whom you re-
ceived the largest single delivery.

section.

ARTICLE II-SPECIAL PRICING PROVISIONS

SEC. 13. Additions for Groups 3 and 4 stores for delivery from warehouse to store. If you are a Group 3 or 4 store, and your store is located at a distance of 125 miles or more from your warehouse, which is your usual receiving point, you may, in figuring your ceiling price for an item delivered from the warehouse to your store, add to your "net cost" for the item whichever of the following amounts applies:

NOTE: This paragraph (a) applies only to processing which changes the item to one of the following major styles of dressing: drawn, dressed, dressed and skinned, fillets, cuts or steaks.

(2) Mark-up. (i) Your mark-up for any item which you process prior to offering for sale by changing the form to drawn, dressed, or dressed and skinned, shall be the mark-up given your group of store for the item in the table cover(a) If the store is located at a distanceing whole fish sold on gross weight basis of from 125 through 199 miles from such and prepared to the customer's order. warehouse, you may add 1% of your "net cost".

(b) If the store is located at a distance of from 200 through 299 miles from such warehouse, you may add 2% of your warehouse, you may add 2% of your "net cost".

(c) If the store is located at a distance of from 300 through 399 miles from such warehouse, you may add 3% of your "net cost".

(d) If the store is located at a distance

of 400 miles or more from such ware

house, you may add 4% of your "net house, you may add 4% of your "net

cost".

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(b) If you make such deliveries and add such charges, you are required to keep for one month a copy of each sales slip or invoice, itemizing clearly your prices for the items delivered and the amount of the delivery charges permitted under the provisions of this section.

SEC. 15. How you figure your ceiling price for items which you "process"(a) Fresh fish-(1) "Net cost." If, prior to offering any item of fresh fish for sale, you "process" it by changing its form to and either drawn, dressed, dressed and skinned, fillets, cuts or steaks (sliced), you will figure your "net cost" as though you had purchased the item already processed. Your "net cost" for any style

(ii) Your mark-up for any item which you process prior to offering for sale by changing the form to fillets, cuts or steaks shall be the mark-up given your covering fillets, cuts and steaks sold as group of store for the item in the table purchased.

For example, if in the month of January you purchase haddock drawn from a cash and carry wholesaler (Table D) under Maximum Price Regulation No. 418, and if, prior to offering the haddock for sale, you change its form from drawn to dressed, your "net cost" under this regulation is the Table D price listed in Maximum Price Regulation No. 418 for dressed haddock (plus transportation and container allowances permitted in Maximum Price Regulation No. 418). To figure your ceiling price, add to your "net cost" the per pound mark-up given your group of store for haddock in the table covering whole fish sold on gross weight basis and prepared to the

tomer's order.

ing its form to either headless, headless and veined, peeled, or peeled and veined, you will figure your "net cost" as though you had purchased the item already style of dressing is the price, fixed at the processed. Your "net cost" for any time you process it, for that style of dressing in Maximum Price Regulation No. 418, as listed in the table of prices covering your supplier's sale to you. If the item which you "process" is one which you purchased from a producer under Table A in Maximum Price Regulation No. 418, your "net cost" is the price, fixed at the time you process it, for that style of dressing in Table B of Maximum Price Regulation No. 418. If you received deliveries from more than one type of supplier, use the table price in Maximum Price Regulation No. 418 applicable to the type of supplier from whom you received the largest single delivery..

(2) Mark-up. Your mark-up for any item of fresh seafood which you "process" prior to offering for sale shall be the mark-up given your group of store for the item in the table covering fresh seafood sold as purchased.

SEC. 16. How you figure your "net cost" for items which you import. If you import any item covered by this regulation, your "net cost" may not exceed the Table B price (plus transportation and container allowances) fixed in Maximum Price Regulation No. 418 for the item.

ARTICLE III-ADJUSTMENT PROVISIONS

SEC. 17. How Groups 3 and 4 stores may, under certain conditions, use the Group 1 and 2 mark-ups. (a) If you are a Group 3 or 4 store, and you have received permission to use the Group 1 mark-ups under Maximum Price Regulation No. 422, or the Group 1 and 2 mark-ups under Maximum Price Regulation No. 336 or Maximum Price Regulation No. 355, you must figure your ceiling prices in accordance with the provisions of this regulation applicable to Groups 3 and 4 stores, except that you may use the Group 1 and 2 mark-ups cus-under this regulation. You must then post the Group 1 sign.

you do business in the manner outlined below, you may apply under paragraph (c) of this section to use the mark-ups provided for Group 1 and 2 stores:

If instead of dressing the haddock, (b) If you are a Group 3 or 4 "fish your fillet it, your "net cost" is the Table store" which meets the gross margin reD price listed in Maximum Price Regula-quirements specified in this section, and tion No. 418 for haddock fillets, (plus transportation and container allowances permitted in Maximum Price Regulation No. 418). To figure your ceiling price, add to your "net cost" the per pound mark-up given your group of store for haddock in the table covering fillets, cuts and steaks sold as purchased.

(3) If, prior to offering any item of
fresh fish for sale, you scale and clean

it in such a manner that the form of the
fish is not changed from one major style
of dressing to another, and such scaling
and cleaning is the only processing you
perform, you may add 1⁄2 cent per pound
to your "net cost" of the item figured
under section 4.

(1) Your store generally offers to all its customers the services of taking orders by telephone, carrying monthly charge accounts, and providing delivery service;

(2) The general level of your prices for fish and seafood was, during September 1942, at least as high as the level maintained by Groups 1 and 2 stores, and

8 FR. 10569,10987, 12443, 12611, 13294,

15251, 14853, 15586, 15607.

$8 F.R. 2859, 4253, 5317, 5634, 6212, 7682,

8944, 9366, 12480, 13181, 15670.

(b) Fresh seafood-(1) "Net cost". If, 8 8 F.R. 4423, 4922, 6214, 6428, 7199, 7827, prior to offering any item of fresh seafood for sale, you "process" it by chang-8155, 8945, 9366, 11297, 12237, 12811. 14738.

+

was generally higher than that main- | termine again what group your store
tained by Groups 3 and 4 stores for such is in. To do this, take your total sales
items in your community; and
for the three-month period and multiply
by four. Use the result as your "annual
gross sales" in determining the group in
which your store belongs.

(3) The total gross margin in your fiscal year 1941 was more than 25% on all sales and also, if you are not an "independent" store, more than 25% on the combined sales of the items in all the stores in your organization. If you were not in business in 1941, use your most recent fiscal year (or fiscal period, if not in business a full fiscal year).

(c) Your application must be filed in duplicate on or before March 1, 1944, with your nearest district OPA office on a form which you may obtain from that office. You may combine on one form the applications of more than one of your stores. If your application is finally approved, OPA will tell you when to begin using the Group 1 and 2 markups, and from such time on you shall post a sign in your store designating it as a "Group 1" store and it shall be considered a Group 1 store for all orders issued under Revised General Order No. 51.

SEC. 18. Applications for adjustment. Any regional office of the OPA, or such offices as may be authorized by order issued by the appropriate Regional Office, may act on all applications for adjustment under the provisions of this regulation. Applications for adjustment are governed by Revised Procedural Regulation No. 1,

ARTICLE IV-MISCELLANEOUS PROVISIONS

SEC. 19. How you find the "annual gross sales" of your store. (a) To find your "annual gross sales", take your total sales for the calendar year 1942. Include all sales as shown on your books, except sales made by a restaurant in conjunction with your store. You can You can use your Federal Income Tax Return to get your gross sales for all or part of the calendar year 1942 which is covered by such return. If you own more than one store, figure the sales for each store separately, treating each as a separate

retailer.

(b) If you were not in business during the entire year 1942, you must divide your total sales from the time you began operation up to January 26, 1944, by the number of weeks you were in business. This will get you your weekly average sales. Multiply the figure by 52, and the result is your "annual gross sales".

SEC. 20. How you determine your group in certain special cases-(a) Stores in which more than one retailer operates. If you sell fresh fish and seafood in a retail store in which there are other food retailers, none of whom sells fish and seafood, you must find your group by taking the combined "annual gross sales" of all the food retailers in

that store.

(b) New stores. If you open a retail store after January 26, 1944, you may consider yourself a Group 1 store if you are an "independent" store, or a Group 3 store if you are not an "independent" store. However, after you have been in business for three months, you must de

If you find that your store should now be in another group, you may continue to use the Group 1 or Group 3 mark-ups until the second Thursday following the end of the three-month period, by which time you must have refigured all your ceiling prices using the mark-ups for your new group.

If, by reason of the new store, you now are one of four or more stores under one ownership, you must, at the end of the three-month period, refigure the combined "annual gross sales" for all of your stores. If the combined "annual gross sales" are $500,000 or more, all of your stores must then be considered as Group 3 or 4 stores. You may continue to use the existing ceiling prices in each store until the second Thursday following the end of the three-month period, by which time you must have refigured all of your ceiling prices in each store, using the mark-ups for its proper group.

(c) Discontinuance of stores. (1) If you are not an "independent" store and you close one or more of your stores, so that you now have less than four stores under one ownership, you may find your group for each of the remaining stores by determining the "annual gross sales" under section 19, treating each store as an "independent" store.

(2) If you are not an "independent" store, and you close one or more of your stores, but four or more stores continue under one ownership, you may figure the combined “annual gross sales" under section 19 for those remaining in operation. If the combined "annual gross sales" are not $500,000 or more, you may then determine your group for each store, treating each store as an “independent" store.

(3) If you find that any store is now in another group, you may refigure all of your ceiling prices for that store before the opening of business on any Thursday.

SEC. 21. Taxes. You may collect, in addition to your ceiling price, any tax upon or incident to a sale at retail of items covered by this regulation, if you state the tax separately, and if the statute or ordinance does not prohibit sellers from stating and collecting the tax separately from the price.

store, which you need to comply with the record provisions of this regulation. If the transfer changes the business from one group of retail stores to another, your ceiling prices shall be those for the group of retailer to which you belong under this regulation.

SEC. 23. Relation to other regulations The provisions of this Maximum Price Regulation No. 507, except as otherwise provided in this regulation, shall, on and after January 27, 1944, supersede the provisions of Maximum Price Regulation No. 439, and any other applicable price regulation or order issued by the OPA except any order issued pursuant to Revised General Order No. 51, with respect to sales by retail stores, retail route sellers and wagon retailers of any kind of fish or seafood for which ceiling prices are established by this regulation.

SEC. 24. Geographical applicability The provisions of this regulation shall apply to the.48 states of the United States and to the District of Columbia.

SEC. 25. Definitions. (a) (1) "Sale at retail" shall mean a sale to an ultimate consumer other than a commercial, industrial or institutional user.

(2) "Fish store" is a store at least 90%

of whose sales are sales of fish or seafood to ultimate consumers other than commercial, industrial or institutional users

(3) "Delivery" of an item covered by this regulation shall be considered to have occurred when the item has been received by you at your usual receiving point.

(4) "Usual receiving point" will be

either your retail store or your warehouse from which you supply your retail stores, depending upon where you normally receive the particular item you are pricing under this regulation.

(5) "Item" is each kind, size, and style of dressing or preparation of fresh fish and seafood listed in Table A, both domestic and imported, but shall not include any frozen fish or frozen seafood. You must figure a separate ceiling price for each item you sell.

(6) "Process" shall mean any operation by a retailer prior to offering the item for sale, whereby the form of the fish is changed to either drawn, dressed, dressed and skinned, fillets, cuts or steaks, or the form of seafood is changed to headless, headless and veined, peeled, or peeled and veined.

(7) "Prepared to the customer's order" shall mean any customary operaSEC. 22. Transfer of business and stock tion by a retailer, within the limitations SEC. 22. Transfer of business and stock of his mechanical facilities, such as in trade. If, after January 26, 1944, you in trade. If, after January 26, 1944, you cleaning, running the fins, trimming, acquire in any way the business, assets, scaling, gutting, heading, slicing, or filand stock in trade of any seller at retail leting, after offering the item for sale. subject to this regulation, and you carry where the customer requests whole fish on the business or continue to deal in the same type of food products in that same store, your ceiling prices shall be the same as those of the former owner, as if no transfer had taken place. You must keep all the records needed to verify your ceiling prices. The former owner must either preserve and make available to you, or give you, all the records of his transactions before you acquired the

in the form in which it is offered, the in the form in which it is offered, the sale shall likewise be regarded as "prepared to the customer's order."

(8) "Whole fish" shall mean any fish and skinned, but shall not include fillets, item round, drawn, dressed, and dressed cuts and steaks.

78 F.R. 10267, 10732, 11686, 12693, 13920, 14986.

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The nation's ice industry has adequate storage capacity and production equipment and believes it can fulfill wartime requirements for food preservation, the Ice Industry Advisory Committee told War Food Administration and other government officials at a meeting in Washington, D. C., January 17. The committee explained, however, that both the manpower and truck supply problems are serious. Chairman John L. Peters, of the FDA, named a task group to gather all information obtainable on the truck and manpower situation for submission to the committee.

The ice industry hopes to produce in 1944 an ice tonnage substantially above the estimated 41 million tons produced in 1943 and the 34 million tons produced in 1942, the committee pointed out.

ICE PRODUCTION EXPANSION PROGRAM UNDER WAY

Well in advance of the time when demands for artificial ice start soaring again, more than 75 percent of an expansion program for increasing ice-production facilities is now

completed, the War Production Board announced January 15 following a conference between the General Refrigeration and Air Conditioning Industry Advisory Committee and WPB officials. The occasion for the report was a conference of manufacturers and executives of the refrigeration section of WPB, called to evaluate present and future requirements for ice production, food storage and allied subjects.

Representatives of the War Food Administration and the Office of Civilian Requirements advised the Committee of estimated increased demands for food storage, processing and distribution facilities. The Committee assured these representatives that the industry was equipped to furnish these facilities through the conversion of normal-temperature storage space to low-temperature storage space, and by maintaining maximum efficiency of refrigeration units through production of an adequate supply of repair and replacement parts for machinery.

The necessity for providing additional cold-storage facilities has developed through the increased capacity of quick-freezing plants, WFA representatives pointed out. Assurances that adequate cold-storage facilities could be provided without resort to scheduling of production were given by members of the industry committee.

Frozen Fish Trade

15 MILLION POUNDS OF U. S. FISHERY PRODUCTS FROZEN DURING DECEMBER

Fishery products frozen by domestic freezers during December 1943, totaled 15,031,000 pounds, a decrease of 40 percent under the previous month, according to Current Fishery Statistics No. 100, published by the Fish and Wildlife Service. The main items frozen during the month were lake herring, rosefish fillets, shrimp, and whiting. These items accounted for 42 percent of the total freezing.

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Since the date for reporting freezings of fishery products was changed from the 15th to the first of the month beginning January 1, 1943, data included in the "5-yr. average" consist of a combination of figures for the two periods. **Data not available.

FROZEN FISH STOCKS ON JANUARY 1 TOTAL 99 MILLION POUNDS

Holdings of fishery products in domestic freezers on January 1, which totaled 98,888,000 pounds, were 6 percent less than those of December 1, but 1 percent greater than January 1, 1943, according to Current Fishery Statistics No. 100, published by the Fish and Wildlife Service. Compared with the stocks of January 1, 1943, important items showing increased holdings were rosefish fillets, sea herring, salmon, lake herring, and shrimp. Holdings of haddock fillets on January 1 were 43 percent less than those on the same date in 1943.

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