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ard of fill of container when drained weight of oysters in a particular can averages 12 ounce or more per oyster.

2. Promulgation" of the regulation hereinafter prescribed, fixing and establishing a standard of fill of container for canned oysters, will promote honesty and fair dealing in the interest of consumers.

Wherefore, the following regulation is hereby promulgated:

§ 36.6 Canned oysters; fill of container; label statement of substandard ill. (a) The standard of fill of containers for canned oysters when the drained weight of the oysters in the can after processing averages less than 12 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.

(b) For the purposes of this section canned lysters means oysters packed into containers which are then sealed and processed by heat to prevent spoilage.

(c) Water capacity of containers is determined by the general method provided in $10,1 (a) of this chapter (21 CFR, Cum, Supp., 10.1).

(d) Drained weight is determined by the following method:

Keep the unopened canned oyster contafner at a temperature of not less than 689 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 woven-wire 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 sexfound, less the weight of the sieve, shalf be considered to be the drained weight of the oysters.

(e) If canned oysters fall below the standard of fill of container prescribed in paragraph (a) of this section, the label shall bear the general statement of substandard fill sper Hed in $ 10.2 (b) of this chapter (21 CFR Cum. Supp.),

in the manner and form therein speci-
fied, followed by the statement, "A can
of tMis size should contain -- oz. of
oysters. This can contains only
oz.," the blanks being filled in with the
applicable figures.

Any interested person whose appear-
ance was filed at the hearing may, within
20 days from the date of publication of
this proposed order in the FEDERAL REG-
ISTER, file with the Hearing Clerk of the
Federal Security Agency, Office of the
Assistant General Counsel, Room 4148
South Building, 12th Street and Inde-
pendence Avenue, Southwest, Washing-
ton 25, D. C., written exceptions thereto.
Exceptions shall point out with particu-
larity the alleged errors in the proposed
order, and shall contain specific refer-
ences to the pages of the transcript of
the testimony or to the exhibits on which
each exception is based. Such excep-
tions may be accompanied with a memo-
randum or brief in support thereof. Ex-
ceptions and accompanying memoranda
or briefs should be submitted in quin-
Dated: October 17, 1944.


Acting Administrator. [F. R. Doc. 44–16120; Filed, Oct. 19, 1944;

411:18 a. m.]

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Consumers will pay 7 to 8 cents more for a No. } flat can of Pacific Coast butter clams or little neck clams after October 23, 1944, 'the OPA announced October 17. This increase was necessary because ceiling prices previously fixed for these items were too low in relation to increased production costs, OPA said. Canners faced out-of-pocket losses in their operations.

These sales were priced under the General Maximum Price Regulation prior to the issuance of this amendment. The prices established under General Maximum Price Regulation were the selling prices of canned clams packed in the latter part of 1941. Since that time the canners' production costs, including the uncontrolled prices of raw clams, have increased materially. The prices established under the General Maximum Price Regulation are therefore too low in relation to production costs, and canners face an out-of-pocket loss in their operations. The production of canned butter and little neck clams has progressively decreased each year since 1941. In terms of cases of į flats, 48 cans to the case, the production amounted to 22,380 cases in 1941, 10,927 cases in 1942, and 4,772 cases in 1943.

The prices set in this amendment were determined by an analysis of the data submitted by representative firms of the industry. The producers of canned butter and little neck clams are located in the Puget Sound area and in Alaska. This pack constitutes the major part of their production. The prices fixed by this amendment should result in an increased production and provide the industry as a whole with a normal return.

Prices are fixed for whole and minced clams in all can sizes. These prices are fixed f.0.b. cannery for domestic production, and f.0.b. Seattle for Alaskan production. The increases in the larger size can are similar to the increase in the No. à flat can.

Prices at the cannery level are as follows:

No. 1 Flat
No. 1 E, 0. (or Picnic)
No, I Tall ..

Per dozen cans


No. 2.....
No. 10

Per dozen cans


Wholesalers determine their ceiling prices by a percentage' mark-up over cost. Retailers price in the same manner.

Excerpts from Amdt. 2 to MPR-448--Canned clams--follow:

Maximum Price Regulation No. 448 is amended in the following respects:

1. In section 1, paragraphs (c), (d) and (e) are redesignated paragraphs (d), (e) and (f), respectively. A new paragraph (c) is inserted to read as follows:

(C) Butter clams and little neck clams. The prices set forth below are maximum prices per dozen cans f. o. b. car at Seattle, Washington, for butter and little neck clams, whole or minced, canned in territory outside the Continental United States and f. o. b. car at the shipping point nearest cannery for butter clams and little neck clams, whole or minced, canned within the United States. The maximum prices are gross prices and the seller shall deduct therefrom his customary allowances, discounts and differentials to purchasers of different classes.

Per dozen

cans No. 12 flat.--

$2. 15 No. 1 E. O. (or Picnic).

2. 70 No. 1 tall..

4. 10 No. 2

5. 00 No. 10.

22. 45

retailer pricing this item under MPR No. 421, 422 or 423 and if we are your custoivaly type of supplier you must refigure your ceilIng price for the item in accordance with the applicable pricing provisions of those regulations. (See section 6 in each case.) You must refigure your celling price on the first delivery to you of this item on and after (insert effective date of the regulation or amendment).

For a period of 90 days after the effective date of the regulation or amendment and with the first shipment after the 90-day period to each person who has not made a purchase within that time the canner shall include in each case or carton containing the item, the written notice set forth before or securely attach it to the outside thereof.

(2) Supply each purchaser of the item who is a distributor other than a wholesaler and retailer with written notice of the establishment of the new maximum price. The notice,

shall be attached to, or stated on the invoice covering the first delivery to such purchaser after the effective date of the regulation or the amendment changing the maximum price,

9. In section 11, after the definition in paragraph 15d), the following definitions are inserted:

(5e) "No. 'a flat" in the case of butter or little neck clams means a can 1307 x 200.25 or 307 x 201.25 packed to a net drained weight of not less than 3/2 oz. of clams.

(58) "No. 1 E.O." or "No. 1 Picnic" in the case of butter or little neck clams means a can (211 x 400) packed to a net drained weight of not less than 5 ozs. of clams.

(5g) "No 1 Tall" in the case of butter or little neck clams means a can (301 x 411) packed to a net drained weight of not less than 8 ozs. of clams.

15h) "No. 2" in the case of butter or little neck clams means a can (307 x 409) packed to a net drained weight of not less than 10 ozs. of clams.

151) "No. 10" in the case of butter or little neck clams means a can (603 x 700 ) packed to a net drained weight of not less than 50 ozs. of clams.

10. In section 11, after the definition in paragraph 17c), the following definitions are inserted:

170) "Butter clams" means bivalve mollusks of the species Saridomus nuttali.

(7e) "Little neck clams" means bivalve mollusks of the species Tapes staminea.

This amendment shall become effective October 23, 1944. Issued this 17th day of October 1944.



3. In section 1, redesignated paragraph (f), is amended to read as follows:

(f) With the first delivery of an item of canned clams after the effective date of this regulation or the effective date of any amendment thereto changing the seller's maximum price, he shall:

(1) Supply each wholesaler and retailer who purchases from him with written notice reading as follows:

NOTICE TO WHOLESALERS AND RETAILERS Our OPA ceiling price for (describe item by kind, variety. brand and container type and size) has been changed under the provisions of MPR No. 448. We are authorized to inform you that if you are a wholesaler or

4. Section 2 of the regulation is amended to read as !ollows:

Sec. 2. Sales of canned clams at higher than maximum prices prohibited. (a) Regardless of any contract, agreement or other obligation, no canner shall sell or deliver and no person in the course of trade or business shall buy or receive 'from any canner any canned clams covered by this regulation at prices higher than the maximum prices established by this regulation, and no person shall agree or solicit or attempt to do any of these things.

(b) Prices lower than the maximum prices may, of course, be charged and paid.


Increased flexibility in the use of sugar by industrial users of rationed foods who pack, cure or process meats, fish or poultry was provided by the OPA on October 2.

An industrial user may now, over a quarterly period, average out his use of sugar for each class of products at the maximum rate permitted for that class. Previously, rate of

. use of sugar for any product in a class could not exceed the rate for the class.

The greater flexibility, established upon the recommendation of the meat packing industry, will not substantially increase the over-all use of sugar in meat packing, processing and curing, OPA said.

Amdt. 45 to Revised Ration Order 3--Sugar--became effective October 4, 1944. follow:


Revised Ration Order 3 is amended in the following respects:

1. Section 1407.87 (a) is amended by adding the following sentence: "However, in the case of the classes of products listed in Table V, he may obtain within each such class a provisional allowance of sugar only for those products in which he used sugar in either 1941, 1942, or 1943.”

2. Section 1407.88 (d) is amended by inserting in the first sentence between the words “(listed in Table VII)" and "or cooked beans" the words ", canned or cured meats, fish, or poultry (listed in Table V),”.

3. Section 1407.88 (e), (f), (g), and (h) are redesignated $$ 1407.88 (f), (g),

(h), and (i), respectively, and a new f 1407.88 (e) is added to read as follows:

(e) An industrial user who uses sugar in any quarterly period for packing or processing any of the products listed in Table V of Schedule A must, before the sixteenth day of the following quarterly period, file with his Board (or District Office, if he is registered there) a written report showing (1) his use of sugar for each class of products, as listed in Table V, and (2) the number of units of each such class of products which he packed or processed during that period, counting only those products in which he used sugar in 1941, 1942 or 1943.

4. Section 1407.89 (b) is amended by deleting from the first sentence the number“, V” and by adding at the end of the section the following: “No industrial user may use more sugar in any quarterly period for packing or otherwise processing any class of products listed in Table V of Schedule A, § 1407.241, than the amount determined by multiplying the number of units of products in that class (counting only those products in which he used sugar in either 1941, 1942 or 1943) packed or otherwise processed by him in such quarterly period by the allowance per unit for such class of products specified in Table V of Schedule A.”

Item 8 in Table V is "pickled and cured fish, shellfish, and poultry products," and for this item, 70 percent of the amount of sugar used during 1941 per unit of product in this class is allowed.


The Office of Transportation, War Food Administration, on October 16 stated to the salmon industry that it had been advised that the supply of refrigerator cars will be even more restricted this winter than in previous winters. The railroads require that refrigerator cars be used for shipments of canned salmon after November 15, 1944. It was urgently requested that every effort be made by shippers to move as much salmon as possible prior to November 15.


WFA specifications covering canned salmon were amended September 15 by Supplement No. 4 to FSC-1873 (Canned Alaska Salmon) and Supplement No. I to Awd-5 (Canned Salmon-Continental United States) to include the following additional specification:

"No. 2 Coho Salmon shall be Canned Coho Salmon meeting all the requirements for this species contained in Federal Specification No. PP-S-311, Sections B through F, inclusive, except that the color may be dull, oil may be negligible, texture mey be somewhat soft, may be watermarked, and odor and flavor may be typical of this species for the late run,

The WFA will consider requests to amend existing canned salmon contracts to accept delivery of No. 2 Coho Salmon packed 48 one pound tall cans per case at 60 cents a case less, and No. 2 Cobos packed 48 one-half pound cans per case at 42 cents a case less than the applicable price for Cohos in contracts now in effect.


Because of requirements of the United States Army, the WFA on October 19, in Announcement Awd-135, issued Amendment i to the present contract form PB-135, to permit vendors to make additional charge for extra strapping and casing services performed by them.

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Opfer of Sale Form PB-135, Canned Pilchards, was thereby amended by adding paragraph (c) to Section l--Prices as follows:

(c) If ordered by the CCC to apply extra strapping or to use export cases other than

those provided in paragraph (a) above or to affix gummed stickers or stencil
special markings on cases, the CCC will pay for the actual additional cost of
such services in the amount to which we are entitled under OPA Supplementary
Order 34, or as this order may be amended, provided certification of such
charges in the form of an affidavit accompanies claim for payment, It is
agreed that we will keep itemized records of such expenses and that the se
records will be available for inspection by CCC at any time within a period
of three years. Our claim for payment will reflect such costs as a separate


On September 22, the WFA amended specifications covering canned mackerel as set forth in Amdt. I to offer Form PBP-89. All offers made subsequent to the date of amendment will be made subject to the revised specification, Excerpts from Amdt. l follow:

The specifications covering Canned Mackerel are here by amended as follows:

The present definition of the term "well cleaned" as stated in Form PBP-89,
paragraph 3, Specifications, Definitions (b) is deleted and the following
substituted in lieu thereof:

(b) The term "well cleaned" means that the fish shall have the

heads removed. Tails shall be removed to the extent that
they shall not be present in amounts in excess of 20 percent
by count of pieces of fish, The fish shall be free of en-
trails and other objectionable offal.

Eyproducts Trade


The WPB on October 6 revoked Order L-40, which restricts the use of Vitamin A in pharmaceutical preparations, and transferred Vitamin A controls to Order M-373. The latter order now controls all oils containing 500 or more grams of Vitamin A. Formerly, the order controlled only oils containing a minimum of 1000 grams of the vitamin. WPB officials explained that the lower potency oils were included to prevent any diversion of the vitamin, especially for use in feeds.

Prior to the revision, oils in which the number of units of Vitamin A per gram were less than five times the number of Vitamin D units per gram were exempted from the order. This provision, permitting the unrestricted use of large quantities of Vitamin A, is revoked in the amended order.

To save paper work, the small order exemption for Vitamin A has been raised from 500,000,000 (M) units to 1,000,000,000 (b) units.

Dealers and processors of raw materials representing an equivalent of at least one billion units of Vitamin A monthly are now required to submit a monthly report of stocks and production to WPB on Form 2946, not later than the 10th day of the calendar month following the month covered in the report.


War Food Order 99, controlling the use of Vitamin A in mixed feed for poultry and livestock, has been terminated by the WFA as of October 14. The order has been in effect since May 1944. The supply of fish oil, fish-viscera oil, or fish-liver oil of low Vitamin A potency which is used in mixed feed has improved under the order so that there is now adequate Vitamin A to meet normal requirements of the feed industry.

Fish oil of high Vitamin A potency, used for pharmaceutical preparations and for foodenrichment purposes, is still not available in sufficient quantities to meet civilian, military, and Lend-lease requirements. Use of high potency Vitamin A oils for these purposes is controlled by WPB Order M-373.


Recently, a group of 25 pups from one soupfin shark mother was examined at the Seattle Fishery Technological Laboratory and the livers analysed for vitamin A and oil content. The 15 male pups, which varied in weight from 113.0 grams (4.0 oz.) to 131.0 grams (4.6 oz.) and in length from 13.63 inches to 14.75 inches, had an average weight of 125.1 grams (4.4 oz.) and an average length of 14.20 inches. Similarly, the 10 female pups had a variation in weight of from 120.0 grams (4.2 oz.) to 132.0 grams (4.7 oz.) and in length of from 13.50 inches to 14.50 inches with an average length of 14.14 inches.

Livers were too small for individual analysis and, therefore, were analysed in composite groups by sex. Male livers averaged 6 grams (0.21 oz.) in weight and had an oil content of 48.6 percent and a vitamin A content of 111,400 U.S.P. units per pound of liver or 505 units per gram of oil. Female livers averaged 6.5 grams (0.23 oz.) in weight and had an oil content of 48.5 percent, and a vitamin A content of 88,700 U.S.P. units per pound of liver or 403 units per gram of oil. In the present instance, the liver oil from unborn soupfin pups was less than 1 percent as potent in vitamin A as liver oil from soupfin shark of average commercial size.


War Food Administration regulations controlling the use of fats and oils in the manufacture of soap will be contained after September 30, 1944, in War Food Order No. 42b instead of in WF0-42, WFA said October 1. Use of fats and oils in protective coatings, coated fabrics, and floor coverings will be contained in WFO-42a, and fats and oils in edible products will be contained in WFO-42.

WFA has amended WF0-42 (Amdt. 1l) so that it will apply only to edible products, and has issued separate orders (WF0-42b and WF0-42a) covering soaps, and protective coatings, coated fabrics and floor coverings. Formerly WF0-42 regulated the use of fats and oils in all these commodities. The new arrangement will simplify the application of the order to the particular industry involved.

Beginning with the third calendar quarter (July-September) quota users of fats and oils under WF0-42, 42a,and 42b are required to report their quarterly consumption directly to WFA.

All users of fats and oils in edible products, protective coatings, coated products, and floor coverings, and in soap whose consumption is more than 15,000 pounds per calendar quarter are required to report monthly and quarterly to the Bureau of the Census. The minimum reporting requirements formerly were 6,000 pounds per calendar quarter.

Users of fats and oils in the manufacture of soap, or in protective coatings, coated products, and floor coverings are allowed 10,000 pounds per calendar quarter in addition to their quota, but this 10,000 pounds may not be used until the quarterly quota has been consumed. Unused portions are forfeited at the end of each quota period. The use of 2 pounds of oil in a gallon of paint is permitted where quotas are derived from the manufacture of casein or paste water paint. Only 1 pound formerly was permitted.

For the period ending March 31, 1945, fish oil may be used without restriction if the manufacturer deducts the amount of fish oil he included in determining his base period use,


In view of the tight world supply situation, prices of fats and oils in the United States probably will remain at or near ceilings during 1945, the Department of Agriculture states in the October 1944 issue of The Fats and Oils Situation. In the following year or two, the major factors that would bring a decline in world prices of fats and oils would be the reopening of Far Eastern oilcrop-producing areas to world trade and an increase in whale oil production. A decline in world prices or a decline in business activity would exert downward pressure on prices of fats and oils in the United States, but these prices will also depend on Government price-supporting programs.

United States production of fats and oils from domestic materials in the 1943-44 crop year, at about 11.2 billion pounds, was the highest on record. It was approximately 3 billion pounds over the 1937-41 average, Reflecting the record 1943 pig crop, lard output in 1943-44 advanced to a new high level of nearly 3.5 billion pounds. Output of inedible tallow and greases, soybean oil, and linseed oil also reached new peaks.

Table 5--Factory Production of Fats and Oils, August 1942 and 1943, June to August 1944,
and Indicated Crop-year Production from Domestic Materials, 1940-43
(Expressed in Millions of Pounds)

19 4 4 I tem


June July August Fish oil


12.0 22.6 23.6 Fish-liver oil


.. 1.0

1.2 Grand Total of all Fats and Oils

659.0 737.7


768.3 217.3 Indicated Production from Domestic Vaterials Year

1940-41 1941-42 1942-43 1943-44

Marine animal oils


165. 172 Total of all Fats and Oils

9,331 9,571 10,745


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The total supply of fats and oils in the United States in the current crop year may be abcut 700 million pounds less than a year earlier, depending partly on imports. Stocks of fats and oils, which increased roughly 450 million pounds from October 1, 1943 to October 1, 1944, are expected to decline materially during 1944-45.

World demand for fats and oils in 1945 probably will continue strong. European import demand for fats and oils is increasing rapidly. The pre-war level of net imports into Europe, excluding the United Kingdom and Russia, was about 4.5 billion pounds annually (including whale oil and oil-bearing materials in terms of oil), of which approximately 2 billion

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