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Alaska to the continental United States shall be considered domestic and not imported fish for the purpose of determining any transportation allowance permitted by this section 4. A processor or wholesaler who sells or delivers frozen Alaskan halibut from a distribution point located in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, or Wyoming must determine the transportation allowance under the provisions of paragraph (a) or paragraph (b) of this section, whichever is applicable. However, a processor or wholesaler who sells or delivers frozen Alaskan halibut from a distribution point located outside the states referred to herein must determine the transportation allowance under the provisions of section 2 (e) or section 3 (b) (3), whichever is applicable.
4. In section 13 Schedule 15 is amended to read as follows:
Any port on the Pacific Coast of Round, dressed or drawn.
11. Round, dressed or drawn
Î1. Round, dressed or drawn
11. Round, dressed or drawn. Juneau, Sitka, and Pelican City. 2. Steaks
1. Round, dressed or drawn.
1. Round, dressed or drawn.
3%. 42. 5%. 3%.
est listed port.
For frozen halibut originally landed fresh on the Atlantic Coast, add 42 cent to the listed prices.
Certain importers of frozen Canadian lake trout and saugers may now apply for an increase in their ceiling prices on the 1943-44 pack of these fish bought between December 1, 1943, and March 28, 1944, the OPA announced October 17. The saugers and trout covered by this action include only those priced under MPR-364--Frozen Fish and Seafood.
The prices for these species were set on March 28, 1944, and substantially reduced some ceilings established by the General Maximum Price Regulation at March 1942 levels. However, substantial quantities of trout and saugers had been bought during the season at high costs by importers who based their purchases on the higher ceiling prices in effect under the General Maximum Price Regulation. A great part of the pack is caught in the winter months between November and March, and stored for sale during the following autumn and early winter.
The provision will adjust out-of-pocket losses that importers may have suffered because of the price reduction. In no event will the adjustment provide a price higher than the importer's ceiling under the General Maximum Price Regulation, OPA said. Any adjustment granted will remain in effect only until December 1, 1944, because the new season's pack will be arriving at that time.
Amdt. 24 to MPR-364--Frozen Fish and Seafood--became effective October 18, 1944.
1944. Excerpts follow:
Maximum Price Regulation No. 364 is amended in the following respects:
1. Section 3 (b) is amended by adding the following subparagraph 4:
(4) Net cost for sales of Canadian frozen trout or saugers. Where the importer's prices have been adjusted under section 3 (e) (2) a wholesaler who has purchased frozen Canadian trout or saugers covered in Schedules 72 and 76 respectively the prices of which have been adjusted in accordance with section 3 (e) (2) may use as his “net cost" the adjusted price plus or minus any package differentials listed in section 13 for repackaging, if any, by the wholesaler, plus allowable transportation costs for delivery of the frozen fish or seafood to the wholesaler's established place of
doing business, from his supplier's place
2. Section 3 (e) is redesignated 3 (e)
(2) Application for adjustment of marimum prices on inventories of frozen Canadian trout and saugers. An importer of frozen Canadian trout or saugers covered in Schedules 72 and 76 respectively may apply to the Office of Price Administration at Washington, D. C. for an adjustment in his maximum
prices for his inventory of trout er saugers bought in Canada between December 1, 1943 and March 28, 1944, on hand at the date of application, where the purchase price of such inventory of trout or saugers plus the cost of storage to the date of application plus the cost of transportation plus duty for such inventory will exceed the total sales value of this inventory if sold at October ceiling prices.
The application shall show separately:
1. The inventory of trout or saugers bought in Canada between December 1, 1943 and March 28, 1944, on hand at the date of the application.
2. The per pound purchase price in Canada for such inventory.
3. The per pound storage cost incurred by the applicant for this inventory prior
to the date of the application and not included in the purchase price.
4. The per pound incoming transportation costs incurred by the applicant from the purchase point in Canada to the selling point or points in the United States and not included in the purchase price.
5. The per pound cost of duty not included in the purchase price nor in the transportation costs.
6. The maximum prices for Canadian frozen trout or saugers which were in effect under the General Maximum Price Regulation and the maximum prices which are in effect in October 1944, under the provisions of this regulation.
This adjustment shall be sufficient so that the applicant will recover the purchase price plus the cost of transportation and duty plus the cost of storage
for his current inventory. In no case, however, shall the adjusted ceiling price for sales in any city be greater than the highest price established by the General Maximum Price Regulation for the applicant's sales in that city. No adjustment under this section shall apply to sales or deliveries made after December 1, 1944. The order of adjustment may provide for appropriate notice of the change in maximum prices to wholesalers.
Canned and Cured Fish Trade
NINE-MONTH TUNA AND MACKEREL PACKS GREATER THAN 1943
During September, the production of canned tuna by California packers totaled 353, 116 standard cases, according to reports released by the California Division of Fish and Game. Compared with 307,419 cases packed in September 1943, this was an increase of 15 percent. Albacore tuna, tuna flakes, and yellowfin tuna accounted for 79 percent of the pack. A substantial increase over the September 1943 pack was reported for albacore and striped tuna, The pack for the first nine months of the current year amounted to 2,308,806 standard cases-22 percent over the 1943 total.
The September pack of canned mackerel--286,417 standard cases--was 157 percent greater than the production in September 1943. The nine-month total of 391,150 cases was 55 percent above the pack for the corresponding period in 1943.
California Pack of Tuna and Mackerel--Standard Cases*
September August September Nine mos. ending with September Item
Cases Thana: Albacore 144,320 87,131 87,033
30,584 Bluefin 17,040 48,376 11,544
138, 161 Striped 47,155 47,252 32,499
244,947 Yellow in 61,678 101,219 77,476
55,443 Flakes 73,565 140,926 87,489
446,202 Tonno style
16,769 Total 353,116 432, 770 307.419
1,893.428 Mackerel 286,417 17.915 111,582
251,674 *Standard cases of tuna represent cases of 48 7-ounce cans, while those of mackerel represent cases of
48 15-ounce cans.
GULF CANNERS PACK 126,000 CASES OF SHRIMP DURING SEPTEMBER
The 38 shrimp packing plants operating under supervision of the Seafood Inspection Service of the U. S. Food and Drug Administration packed 126,203 standard cases of shrimp in September, running the current season's total to the end of September to 187,193 cases, the Senice's New Orleans Market News office reports.
Compared with the previous season, the 1944 total to the end of September was a decline of 18 percent, and it was 30 percent below the five-year average to that date.
Wet and Dry Pack Shrimp in all Sizes in Tin and Glass--Standard Cases*
1 9 4 3
5-yr.-average Aug. 26-Sept.30 Aug. 12-26 Aug. 28-Oct. 2 July 1-Sept.30 July 1-Oct. 2 July 1-Sept.30 126,203 59,564
*All figures on basis of new standard case
per can in the dry pack,
48 No. 1 cans with 7 oz. per can in the wet pack and 6 oz.
Canned shrimp quotations by Gulf Coast packers were made at the wholesale prices set by OPA on February 2, 1943, and revised June 1, 1944. These prices, per dozen plain No. 1 standard tins, 1.0.b. point of production, are as follows:
Canned Shrimp Price s--Per Dozen Tins
Oct. 1, 1944 Oct. 1, 1943 WET PACK DRY PACK WET PACK DRY PACK
WET PACK DRY PACK WET PACK DRY PACK $2.45 $2.55 $2.45 $2.55 Large
$3.05 $3.15 $2.95
$3.05 2.70 2.80 Jumbo
3.70 3.05 3.15 2.80 2.90 2.80 2.90
SEPTEMBER PILCHARD PACK 35 PERCENT BELOW 1943
California sardine processing plants canned 440,300 standard cases of pilchards during September, the second month of the 1944-45 season, according to reports from the California Sardine Products Institute and the California Division of Fish and Game. This pack was 26 percent below the September 1943 total. This drop, resulting from a 35 percent decrease in landings, was accompanied by reductions of 34 percent and 31 percent, respectively, in the September meal and oil production.
As compared with 1943-44 the season's total for canned pilchards showed a decrease of 21 percent.
California Sardine Landings, Canned Pack and Byproducts
1944 1943 1944-45 1943-44
Aug. 27-Sept. 30 Aug. 1-26 Aug. 29-Oct. 2 Aug. 1-Sept. 30 Aug. 1-Oct,2 Tons
89,030 38,503 136,847 127,533 178,746 1 lb. ovals-48 per case 190,653 112,445 299, 200 303,098 445,652 lb, talls-48 per case 224,345 100, 224 251,091
324,569 338,853 lb.fillet-48 per case
5,717 lb. round-96 per case
37,758 5 oz.-100 per case
4,554 Unclassified 15,325 15,766 13,456
23.696 TOTAL, Std. 1 lb.- 48
440,304 237,023 593,765 677,327 856,230 per case September August September Sept. 30
Sept. 30 Tons 12,521 6,958
19,479 25,752 Gallons
3,420,356 1,468,810 4.963, 271 4,889,166 6,553, 811
NEARLY COMPLETE ALASKA SALMON PACK TOTALS 4,838,000 CASES
Except for minor operations, the 1944 Alaska salmon pack was complete on September 16, according to the Division of Alaska Fisheries of the Fish and Wildlife Service, To that date 4,838,203 standard cases had been packed. This was short of the 1943 pack to midSeptember by 537,000 cases and 628,000 below the average of the five years 1939 to 1943.
Alaska Salmon Pack to and including September 16, 1944
2,221 1,027,036 Central
1,002,063 284,346 94,649 29,831 1,870,711 Southeastern
1.940,456 Total 1944, Sept. 16
95 1,567,594 2,038,952 997,074 200,905 33,578 4,838,203 All districts1943, Sept. 18
76 1,970,974 2,332,460 382,396 142,369 46,590 5,374,889 1942, Sept. 19
905,581 2,799,372 396,397 330,832 40,838 4,973,020 5-year average, Sept. 16
92 1,383,582 3,038,967 774,968 232,630 36,360 5,466,507 Total pack, 1943
1,980,827 2,333,312 388,020 160,194 46,649 5,409,002 ", 1942
905,595 2,799,507 1938,165 349,83640,838 5,033,941 5-year average
1,387,863 | 3,037,903 304,748 248,336 36,374 5,515,224
CANNED OYSTER INSPECTION REGULATIONS AMENDED
The Food and Drug Administration's oyster inspection regulation reprinted in Fishery Market News (Feb. 1944, p. 31) was amended (Federal Register of October 21) to enlarge a number of its provisions. Excerpts from the amendment follow:
CANNED OYSTERS; MISCELLANEOUS AMENDMENTS
Under the authority of Section 702A of the Federal Food, Drug, and Cosmetic Act each of the sections hereinafter specified of the regulations for the inspection of canned oysters is hereby amended as indicated below:
In § 155.35 the second sentence in paragraph (a) is changed to read as follows: "When
with which unshucked or shucked oysters come in contact shall be of metal
livering, steaned oysters to such tables.
shall be provided in both the shucking sheds and packing room and shall
be provided in the packing room,
thoroughly washed with soap and water and chlorinated before use each
(k) The delivery of steamed oysters to shuckers by means of manually rolling,
trundling, or wheelbarrowing such oysters on or above shucking tables vill
not be permitted,
301 et seq.))
October 18, 1944.
WATSON B. MILLER
GONTROL OF FILL OF CANNED OYSTER CONTAINERS PROPOSED
A proposed regulation covering the standard fill of container for canned oysters, along with the findings of fact, was published in the October 20, 1944, issue of the Federal Register by the Food and Drug Administration. Hearings on this regulation were held in Washington op August 22 and 23.
The proposed regulation prescribes that the "standard fill of container for canned oysters when the drained weight of the oysters in the can after processing averages less than avoirdupois ounce per oyster is a fill such that the drained weight of oysters taken from each container is not less than 68 percent of the water capacity of the container."
The regulation also sets out the method of determining the drained weight, and proscribes the labeling for containers not meeting the specified fill.
CANNED OYSTERS; STANDARDS OF FILL OF
PROPOSED REGULATION It is proposed that, by virtue of the authority vested in the Federal Security Administrator by provisions of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1046, 1047, and 1055, 21 U. S.C. secs. 341, 343 (h) (2) and 371; the Reorganization Act of 1939, 53 Stat. 561 ff., 5 U.S. C. sec. 133-133v, and Reorganization Plans No. I (53 Stat. 1423) and No. IV (54 Stat. 1234); and upon the basis of evidence of record at the hearing duly held pursuant to notice issued on July 20, 1944 (9 F.R. 8192) the following order be made.
Findings of fact. 1. On May 27, 1912 the Secretary of Agriculture, to facilitate the enforcement of the Food and Drugs Act of 1906, issued an announcement known as Food Inspection Decision 144 with regard to fill of containers for canned foods. This announcement was general in terms and pertinent provisions stated in substance that in canned food products the can serves not only as a container but also as an index to the quantity of food therein; that the can should be as full of food as practicable for packing and processing without injuring the quality or appearance of contents; and that when food is packed with water, brine, etc. the can should be as full of the food as practicable and should contain only sufficient liquid to fill the interstices and cover the product. (R. 14–16).
2. On February 19, 1914, after extended investigation the Bureau of Chemistry of the Department of Agriculture, which had charge of the administration of the Food and Drugs Act of 1906, issued a Service and Regulatory Announcement designated S. R. A., Chemistry 1. This announcement contained among other provisions the following:
3. Weights of oyster meat required in cans of various sizes.
This notice is issued to inform the trade that pending further investigation the weights agreed upon by the canners at their meeting in Washington in October, 1912, will be regarded by the board as satisfactorily fulfilling the requirements of Food Inspection Decision No. 144. It is expected, however, that the "cut-out" weight of all cans shall conform with this agreement, and where a variation occurs it shall be as often above as below the agreed weight. The weights which have been agreed upon are given below.
No. 1 can, so-called, the dimensions of which are 21148 inches in diameter and 4 inches in height and which has a water capacity of 10.9 ounces avoirdupois; the No. 1 tall salmon can, so-called, the dimensions of which are 3/16 inches in diameter and 416 Inches in height and which has a water capacity of 16.6 ounces avoirdupois. It has been the practice of Pacific coast oyster canners to pack the No. 1 can to give a drained weight of 5 ounces and to pack the No. 1 tall salmon can to give a drained weight of 8 ounces. There are usually from 4 to 8 oysters in the No. 1 can, the maximum number being 10, to give the 5 ounce drained weight. There are usually from 7 to 13 oysters in the No. 1 tall salmon can, the maximum number being 15, to give the drained weight of 8 ounces. The average drained weight per oyster of Pacific coast canned oysters is at least 12 ounce and is usually more. (R. 18, 118, 143, 147, 152, 163, 172, 176, 193, 197–199, 208-210, Exh. 3).
13. Atlantic coast and Gulf coast canned oysters vary in size, their drained weight averaging from about 4 oysters per ounce to about 13 oysters per ounce. (R. 107, Exh. 14).
14. Standards of fill of container for canned oysters in terms of percentage of water capacity of containers are generally more satisfactory than in terms of ounces per can of each size, because they would encompass any size of can, uncluding sizes not often used. (R. 110– 211).
15. A satisfactory and accurate method of determining the drained weight of canned oysters is as follows:
Keep the unopened canned oyster container at a temperature of not less than 68° or more than 95° Fahrenheit for at least 12 hours immediately preceding the determination. After opening, tilt the container so as to distribute its contents evenly over the meshes of a circular sieve which has been previously weighed. The diameter of the sieve is 8 inches if the quantity of the contents of the container is less than 3 pounds, and 12 inches if such quantity is 3 pounds or more. The bottom of the sieve is wovenwire cloth which complies with the specifications for such cloth set forth under "2380 Micron (No. 8)” in Table I of "Standard Specifications for Sieves," published March 1, 1940, in L. C. 584 of the U. S. Department of Commerce, National Bureau of Standards. Without shifting the material on the sieve, so incline the sieve as to facilitate drainage. Two minutes from the time drainage begins, weigh the sieve and the drained oysters. The weight so found, less the weight of the sieve, shall be considered to be the drained weight of the oysters. (R. 96-98, 102, 112-113, Exh. 14).
16. A satisfactory and accurate method for determining water capacity of containers is set forth in 10.1 (a) of Title 21, Code of Federal Regulations, Cumulative Supplement. (R. 102-106, Exh. 2A).
17. When canned oysters fall below the standard of fill of container a label statement which is satisfactory and which fairly and accurately informs the consumer of that fact is the general statement of substandard fill specified in $ 10.2 (b) of Title 21, Code of Federal Regulations, Cumulative Supplement, followed by the statement: "A can of this size should contain - oz. of oysters. This can contains only — oz.," the blank spaces being filled in with the applicable figures. (R. 22-24, 38-39, Exh. 2).
Conclusions. 1. There is insufficient evidence in this record to warrant the finding of facts on which to base a stand
Size of can
Weight of drained
Inches 234 3916
Inches 21416 2146 21% 33% 334
3 4 3
tainer. This percentage of fill is much below that found in other canned foods generally. (R. 19-21, 111-112).
5. Prior to 1928 all oyster canneries in this country were located along the Atlantic coast and the Gulf coast. In 1928 oyster canning was begun on the Pacific coast. At present oyster canneries are situated principally on the South Atlantic and Gulf coasts and the Northwest Pacific coast. (R. 30, 143-144, 176–177),
6. The oysters canned on the Atlantic coast and Gulf coast are for practical purposes the same type but those canned on the Pacific coast are of different species, and are considerably larger in size. (R. 32, 144, 147, 215, Exh. 15).
7. After the shell oysters are delivered to the cannery it is the practice of some canneries to wash them. The procedure in all canneries thereafter is essentially the same. The oysters are placed in baskets or cars and then in a retort or steam box and steamed (or pre-cooked, as it is sometimes called). After steaming they are shucked, washed, and drained, sometimes graded, and filled into the cans by hand. Each can is filled with a predetermined weight of oysters, brine or water and a salt tablet are added, and the cans are sealed by machine and then processed by heat to prevent spoilage of the product. (R. 32, 123-128, 145-146, 217).
8. The steaming causes the shells to open and thus permit easy shucking, at the same time the oyster meat loses liquid and shrinks in both size and weight. Until the maximum shrinkage is reached increased time or temperature of steaming increases the shrinkage. The time and temperature of steaming varies in different canneries and at different times in the same cannery, depending on a number of factors such as the amount of shrinkage the canner desires and the difference of composition of the oysters. (R. 77, 124-125, 158, 206–207).
9. In general Pacific coast canneries do not steam to the same extent as Atlantic and Gulf canneries. In Atlantic and Gulf packed oysters there is usually a slight gain in weight during processing in the can, whereas in Pacific packed oysters & considerable part of the total shrinkage takes place in the processing with a consequent loss of weight. (R. 32, 44, 76, 124–125, 145-147, 206,207, 216, Exhs. 6A-6D, 9A-9B, 15).
10. Considerable experimental work has been done in recent years by the Food and Drug Administration on Atlantic coast and Gulf coast canned oysters for the purpose of establishing a fill of container standard. Very little experimental work has been done by the Administration on Pacific coast canned oysters, the principal reason being that none have been packed there since 1942. (R. 30-31, 51, 114).
11. It is entirely practicable under existing cannery practices for canneries on the Atlantic coast and Gulf coast to pack oysters so that the drained weight of oysters taken from each can will be at least 68% of the water capacity of the container. Such a fill can be met in commercial practice without unreasonable difficulty and without damage to the product. When so packed the cans are reasonably full of oysters and such a fill would protect consumers from slack filling of the containers. (R. 13-14, 21, 6263, 75–77, 86–87, 95, 107–109, 111-112, 130, 136, Exhs. 6A-6D, 7, 8, 9A-9B, 10, 11, 12A12G, 13, 14).
12. Pacific coast canners have not packed oysters commercially since i942. They have in the past packed oysters in only two different size cans, to wit, the
3. The drained weights prescribed by this announcement are from 42% to 49% of the estimated water capacity of the respective cans. (R. 18-19).
4. Cans of oysters filled to the minima prescribed by the announcement are only about two-thirds full of oysters. When so filled the cans contained a smaller quantity of oysters than consumers expect from the size of the con
1 The page references to certain relevant portions of the record are for the convenience of the reader; however, the findings of fact are not based solely on that portion of the record to which reference is made, but on consideration of all the evidence in the record.