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Includes all arrivals as reported by express and rail terminals, and truck receipts reported by wholesale dealers including smokers.

2/ Data for individual cities are as of the last Thursday of the month, except those for Boston which are for the last Wednesday of the month. Data on United States holdings by various species and by geographical areas are as of the first of the month.

Note:--Data for the latest month are subject to revision.

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This condensation of the text and tables of MPR-418 and the amendments through November 3 are for ready reference purposes only. Every effort has been made to insure its accuracy but users are cautioned that the official regulations governing the maximum prices established for the sale of fresh fish and seafood are those contained in the order and amendments listed immediately below:

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In the judgment of the Price Administrator, it is necessary in order to effectuate the purposes of the Emergency Price Control Act of 1942, as amended, and Executive Orders Nos. 9250 and 9328, that maximum prices be established for the sale by producers and wholesale distributors of fresh fish and seafood.

So far as practicable, the Price Administrator has consulted and advised with representative members of the industry which will be effected by the regulation, In the judgment of the Price Administrator, the prices established are generally fair and equitable and will effectuate the purposes of the Act. The prices established are not below the average prices of fresh fish and seafood in the year 1941.

A statement of the considerations involved in the issuance of the regulations has been issued herewith and filed with the Division of the Federal Register.

1364.17 Maximum prices for fresh fish and seafood. Under the authority vested in the Price Administrator by the Emergency Price Control Act of 1942, as amended, and Executive Orders Nos. 9250 and 9328, Maximum Price Regulation No. 418 (Fresh Fish and Seafood), which is annexed here to and made a part hereof, is hereby issued.

Authority: 1364.17 issued under Pub. Laws 421 and 729, 77th Cong.; E.0. 9250, 7 F.R. 7871; E.0. 9328,

8 F.R. 4681.

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3. Maximum prices for sales to wholesalers by a primary fish shipper wholesaler.

(a) Sale by a primary fish shipper wholesaler.

(1) Maximum prices for sales by a primary fish shipper wholesaler.

4. Maximum prices for sales by wholesalers other than primary fish shipper wholesalers.

(a) Sale by a retailer-owned cooperative wholesaler,

(1) Maximum prices for sales by a retailer-owned cooperative wholesaler and by a wholesaler
other than a primary fish shipper wholesaler to other wholesalers,

(b) Sale by a cash and carry wholesaler.

(1) Maximum prices for sales by a cash and carry wholesaler.

(c) Sale by a service and delivery wholesaler,

(1) Maximum prices for sales by a service and delivery wholesaler.

Combination wholesaler.

Special package shipments to out-lying country points by wholesalers. 7. Allowance for transportation.

When a wholesaler may add his transportation cost to listed prices. (b) Authorization to regional offices to fix transportation allowances.

8. Imported fresh fish and seafood.

9. Sales to governmental agencies.

10. Where this regulation applies.

11. Sales to which this regulation does not apply.

12. Relation to other regulations.

Natutory Survey

ARTICLE II--RECORD KEEPING AND ENFORCEMENT

13. Records and reports.

14. Indirect price increases.

15. Enforcement.

ARTICLE IV--MAXIMUM PRICES AND CONTAINER PRICES

19. Schedule of container prices.

20. Tables of maximum prices for producers and wholesalers.

Table A:

Table B:

ARTICLE III--MISCELLANEOUS PROVISIONS

16. Petitions for amendment.

17. Adjustable pricing.

18. General definitions.

Maximum prices for producers of fresh fish and seafood.

Maximum prices for primary fish shipper sales of fresh fish and seafood.
Table C: Maximum prices for retailer-owned cooperative sales of fresh fish and seafood.
Table D: Maximum prices for cash and carry sales of fresh fish and seafood.

Table E: Maximum prices for service and delivery sales of fresh fish and seafood.
ARTICLE I--Purpose and Scope of Regulation

Section 1. What this regulation does. This regulation fixes the maximum prices at which producers and
wholesalers may sell fresh fish and seafood. On and after July 13, 1943, the date this regulation takes
effect as to sales governed by prices listed in Tables A and B in section 20 and on and after July 19, 1943,
the date this regulation takes effect as to sales governed by prices listed in Tables C, D, and E in section
20, no producer or wholesaler may sell or deliver any fresh fish or seafood, and no person in the course of
trade or business may buy or receive any fresh fish or seafood from a producer or wholesaler at prices high-
er than the prices fixed by this regulation. But prices lower than those fixed may be charged or paid. (Andt.1)

Section 2. How a producer determines his maximum prices for fresh fish--(a) Ex-vessel fish. Table A (Article IV, section 20 (a)) lists the species of fresh fish and seafood (including shellfish and mollusks) for which maximum prices are established by this regulation. The prices are fixed for each month. For each month, there are two columns of prices. The prices in Table A for sales by producers apply irrespective of the nature of the purchaser and irrespective of whether the fish are sold through an agent of any kind. Nevertheless, a producer who performs the functions of a primary fish shipper wholesaler or other wholesaler at his established place of doing business, and who for the substantial portion of the year prior to July 13, 1943, was engaged in performing the functions of a primary fish shipper wholesaler or other wholesaler at his established place of doing business, may sell at the prices provided in Table B, D, or E depending on the character of the sale, The left-hand pricing column is the producer's maximum price at the port of entry for the designated species in bulk, ex-vessel, i.e., in the customary way in which the particular species is landed at that port, and of the customary size, where size is a factor in the price. War risk insurance premiums may be paid in addition to the listed maximum prices for those species of fish and in those localities where such premiums have customarily been paid by purchasers of the fish. (Amdts. 3, 13, 16, and 18.)

(b) Boxed fish. Where, a producer, besides bringing fresh fish or seafood to port, also boxes or barrels his fish at or near the port of entry for convenience of sale and transportation to market, his maximum prices shall be the prices listed in the right-hand pricing column of Table A for the species and the month involved. Such prices shall include all brokerage, commission, or any other customary selling fees, transportation, and any other expenses incurred. (Andt. 17)

(c) Sales to canners. The applicable prices in Table A shall apply to sales of fresh fish and seafood to canners by any person. (Amdt. 4)

(d) Regional adjustments of producers' prices. Any regional office of the Office of Price Administration may by order modify the maximum price established by Table A for any species and style of dressing wherever, and to the extent that, it determines such modification to be necessary to prevent the avoidance of the prices established by Table A or to prevent disruption of the customary methods of landing and selling fish: Provided, That the prices as thus modified shall be in line with the prices established by Table A for the particular species, making allowance for the differences in the method by which, or the place at which, the fish are removed from the vessel or delivered to the buyer. No modification may be issued which would require an increase in the prices established by any other table or by any other regulation. Such modification shall apply to sales at such areas or localities within the jurisdiction of the regional office as it may determine. No order of modification shall be issued until it shall have been submitted to the Office of Price Administration in Washington and approved. If the price is modified for any species which is customarily landed in any other region, the order of modification shall not be submitted to Washington until it has been submitted to the regional office for such other region. (Amdt. 5)

Section 3. Maximum prices for sales to wholesalers by a primary fish shipper wholesaler--(a) Sale by a primary fish shipper wholesaler, A sale by a primary fish shipper wholesaler is a sale by a person who buys and receives fresh fish or seafood from a producer and who sells bulk, boxed, barreled, or packaged fresh fish or seafood from his established place of doing business to other wholesalers (retailer-owned cooperative, cash and carry, and service and delivery) or to a retail chain store warehouse. (Amdts. 3, 6, 17, and 18.)

(1) Maximum prices for sales by a primary fish shipper wholesaler. Maximum prices for sales by a primary fish shipper wholesaler or agent or other person acting on behalf, or under control of such primary fish shipper wholesaler, are the prices listed in Table B (Article IV, section 20 (b)). These are prices for bulk fish and seafood, f.o.b. his established place of doing business. For fish and seafood that are placed in containers the prices shall be the prices set forth in Table B plus the container prices provided in section 19. These prices shall apply to sales by a primary fish shipper wholesaler to wholesalers who are also retailers. (Amdts. 3, 4)

Section 4. Maximum prices for sales by wholesalers other than primary fish shipper wholesalers--(a) Sale by a retailer-owned cooperative wholesaler. A sale by a retailer-owned cooperative wholesaler is a sale by a person who is either a non-profit organization or a corporation of which 51 percent or more of the stock is owned by its retailer customers and which generally sells f.c.b. warehouse or delivers to affiliated retail stores. (Amdt. 1)

(1) Maximum prices for sales by a retailer-owned cooperative wholesaler and by a wholesaler other than a primary fish shipper wholesaler to other wholesalers. Maximum prices for sales by a retailer-owned cooperative wholesaler are the prices listed in Table C (Article IV, section 20 (c)) plus the container allowance provided in section 19 plus transportation as provided in section 7. The prices in Table C also shall apply in sales by a wholesaler other than a primary fish shipper wholesaler to other wholesalers and chain store warehouses. (Amdts. 3, 9)

(b) Sale by a cash and carry wholesaler. A sale by a cash and carry wholesaler is a sale by a person who distributes fish and seafood to individual retail stores and purveyors of meals; who normally sells for cash but who also may extend credit, and whose sale is made where the goods are picked up at his established place of doing business either by his customer or a common carrier hired or employed by the customer.

(1) Maximum prices for sales by a cash and carry wholesaler. Maximum prices for sales by a cash and carry wholesaler are the prices listed in Table D (Article IV, section 20 (d)) plus the container allowance tainer provided in section 19 plus transportation as provided in section 7. (Amdts. 1, 3, and 9.)

(c) Sale by a service and delivery wholesaler. A sale by a service and delivery wholesaler is a sale by a person who distributes fish and seafood to individual retail stores and purveyors of meals from his established place of doing business, and who delivers the goods to his customer's usual receiving point by means other than a common carrier. (Amdt. 3)

(1) Maximum prices for sales by a service and delivery wholesaler, Maximum prices for sales by a service and delivery wholesaler are the prices listed in Table (Article IV, section 20, (e)) plus the container allowance provided in section 19, plus transportation as provided in section 7. (Amdts. 1,3,7, & 9.)

(i) Maximum prices for sales of custom dressed fish to purveyors of meals. On service and delivery sales of custom dressed fish to purveyors of meals, a further addition of 2 cents per pound of custom dressed fish may be made to the applicable Table E dressed fish price. If Table E provides prices for round fish but none for dressed fish, the applicable Table E dressed fish price shall be deemed to be 40 percent more than the Table E round fish price. If Table E lists no prices for dressed or round fish but has prices for drawn fish of a species, the applicable Table E dressed fish price shall be deemed to be 25 percent more than the Table E drawn fish price. For the purposes of this section, "custom dressed" fish shall mean fish with the head, entrails, scales, and fins removed. There shall be no charge by the service and delivery wholesaler for any other customary services performed such as slicing, removing collar bone, wrapping, etc., in supplying such fish to purveyors of meals.

Section 5. Combination wholesaler. Within the meaning of this regulation, a combination wholesaler is a person who performs two or more types of wholesale sales defined in section 3 and section 4. Such a wholeseler will fall within one class, depending upon the type of sale made in the particular case and the service rendered.

(a) Maximum prices for retail sales by producers and wholesalers. This section applies to producers and wholesalers who sell fresh fish or seafood for the most part to persons other than ultimate consumers who are not commercial, industrial, or institutional users. The maximum price at which any producer or wholesaler may sell fresh fish or seafood to ultimate consumers who are not commercial, industrial, or institutional users shall be the Table B price plus the appropriate mark-up established for Group 3 and 4 stores in Maximum Price Regulation No. 507 (Ceiling Prices of Certain Fresh Fish and Seafood Sold at Retail). (Amdt. 25)

Example. From an established place of doing business, one person may make sales as a primary fish shipper wholesaler or as a cash and carry or service and delivery wholesaler. Thus, if a primary fish shipper wholesaler makes a sale to another class of wholesaler, he will take the maximum price allowed him as a primary fish shipper wholesaler. If the same person makes a sale to an individual retail store which picks up the goods, he will take the maximum price allowed for a cash and carry sale.

Section 6. Special package shipments to out-lying country points by wholesalers. A retailer-owned cooperative wholesaler, cash and carry wholesaler or service and delivery wholesaler who packs fish and seafood in special containers for shipment to out-lying country points to individual retail stores or purveyors of meals, shall, in addition to the permitted maximum price, add the actual cost of the special containers and the cost of the refrigerant. The added cost must be shown on the invoice to the customer.

Section 7. Allowance for transportation--(a) When a wholesaler may add his transportation cost to t listed prices. The prices set forth in section 20 list maximum prices for sales by a retailer-owned cooperation, cash and carry, and service and delivery wholesaler, exclusive of container costs and transportation costs incurred in transporting the fish to his established place of doing business. Where such transportation charges have been incurred (excluding local trucking and handling charges), a wholesaler who purchases fresh fish and seafood from a primary fish shipper wholesaler may add to the maximum prices the actual cost of transportation from the primary fish shipper wholesaler's established place of doing business to such wholesaler's customary receiving point, and must record the allowed transportation cost in an invoice to his customer. Any customer of such wholesaler may add to his selling price the transportation cost as shown in the invoice. Where & primary fish shipper wholesaler has a branch warehouse located at a remote point from the market of origin to which it ships fresh fish and seafood, the branch warehouse for the purpose of transportation allowance may be considered a wholesaler who purchases fresh fish and seafood from a primary fish shipper wholesaler. Also, where a primary fish shipper wholesaler purchases fresh fish and seafood from a wholesaler located in Canada, the primary fish shipper wholesaler for the purpose of transportation allowance may be considered a wholesaler who purchases fresh fish and seafood from a primary fish shipper wholesaler] In no instance may transportation costs exceed common carrier rates when such rates are available. However, when a service and delivery wholesaler delivers by means other than a common carrier to an individual retail store or purveyor of meals located at a distance of more than 25 miles air line from his originating warehouse or plant, he may add to his maximum price the appropriate charge listed as follows:

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Example. A cash and carry wholesaler in an inland City A buys 10,000 pounds of "X" fish in the round from a primary fish shipper wholesaler in City B, which is at the port of entry. The cost of transporting the 10,000 pounds of fish from City B to City A is one cent per pound or $100. If the cash and carry wholesaler in City A sells the 10,000 pounds of fish in the round, his maximum selling price per pound, exclusive of container costs, is the listed price in Table D, section 20 for "X" species in the round, plus transportation costs of 14. However, if the same cash and carry wholesaler in City A fillets the 10,000 pounds of fish, and his yield is 4,000 pounds of fillets, he is allowed to add to the listed price in Table D, section 20 for "X" species filleted, transportation costs of 2 per pound. Thus, in these two instances, where the cash and carry wholesaler sells fresh fish in the round and filleted, he recovers his actual transportation costs.

(b) Authorization to regional offices to fix transportation allowances. Any regional office of the Office of Price Administration, and such other offices as may be authorized by the appropriate regional office, may by order determine and fix for any area or locality within its jurisdiction, a transportation allowance applicable to any species of fresh fish or seafood. The allowance will be ascertained by reference to the principal source or sources from which the particular species is shipped to the area or locality and the method of transportation generally used. The transportation allowance thus fixed shall be used by all wholesalers in lieu of the actual transportation cost, in de termining their maximum prices for the sale, in the area or locality, of the designated species of fresh fish or seafood. The transportation allowance may be made effective for such time as the appropriate office finds proper, and may be changed from time to time to reflect changes in the principal sources of designated species of fish or seafood or methods of shipment which occur in the regular course of business. In determining the maximum prices for sales of fresh fish and seafood in any area or locality for which a transportation allowance is not established, wholesalers shall add actual transportation cost as provided in paragraph (a) of this section. Any transportation allowance established pursuant to the provisions of this paragraph shall have the same force and effect as if specifically established in this regulation.

Section 8. Imported fresh fish and seafood. The maximum prices at which a wholesaler, including any agent of a foreign shipper, may sell any fresh fish and seafood listed in the regulation shall be the prices listed in Table B, C, D, or E, depending on the type of sale involved, plus the container prices provided in section 19 when containers are used, plus transportation as provided in section 7.

Amdt. 1ovided

Section 9. Sales to governmental agencies. For the purposes of this regulation, a governmental agency may be considered an individual retail store, purveyor of meals or any class of wholesaler, depending on the type of sale involved and service rendered by the seller.

Section 10. Where this regulation applies. The provisions of this regulation shall apply to the forty-eight states of the United States and the District of Columbia and, notwithstanding the provisions of Maximum Price Regulation 194, to the Territory of Alaska. (Amdt. 1)

Section 11. Sales to which this regulation does not apply. (a) The provisions of this regulation shall not be applicable to sales or deliveries of fresh fish and seafood to a purchaser (1) with respect to prices listed in Tables A and B in section 20, if prior to July 13, 1943, such fresh fish and seafood have been received by a carrier, other than a carrier owned or controlled by the seller, for shipment to such purchaser, and (2) with respect to prices listed in Tables C, D, and E in section 20, if prior to July 19, 1943, such fresh fish and seafood have been received by a carrier, other than a carrier owned or controlled by the seller for shipment to such purchaser. (Amdt. 1)

(b) The provisions of this regulation shall not apply to any sales at retail. A sale at retail is a sale to an ultimate consumer other than an industrial or commercial user.

Section 12. Relation to other regulations. (a) The provisions of this regulation supersede Maximum Price Regulation No. 366, as amended (Fresh Tuna Fish), except that Maximum Price Regulation No. 366, as amended, shall remain in full force and effect until the effective date of this regulation.

(b) The maximum price at which a person may export fresh fish and seafood shall be determined in accordance with the provisions of the Second Revised Maximum Export Price Regulation issued by the Office of Price Administration.

ARTICLE II--Record Keeping and Enforcement

Section 13. Records and reports. (a) Every person making a sale subject to this regulation and every person in the course of trade or business making a purchase of fresh fish or seafood, subject to this regulation, or otherwise dealing therein, after July 12, 1943, shall keep for inspection by the Office of Price Administration, for so long as the Emergency Price Control Act of 1942, as amended, remains in effect, accurate records of each such purchase or sale, showing the date thereof, the name and address of the buyer and of the seller, the price contracted for or received, the quantity, species, size, grade, style of dressing of pack of fresh fish or seafood, and the container type and size, and indicating that the fish or seafood is fresh. (Amdt. 25)

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