by the percentage mark-up figure-the result added to the net cost is the selling price. The mark-up which applies in any particular sale depends on the class in which the wholesaler is and the kind of service performed in the particular saie. The classes, types of service, and mark-ups are set forth in the following paragraph (d). No wholesaler who purchases from and sells to other wholesalers may sell at a price higher than his seller's maximum price. In no event shall the price charged for a sale to a retail store or purveyor of meals in clude more than one primary wholesaler mark-up (regardless of whether that mark-up is taken pursuant to this section or section 2) and one retailerowned cooperative or cash and carry or service and delivery wholesaler mark-up. (a) Classes of sales at wholesale for the purpose of this regulation. Depending upon the type sale to be made, a wholesaler will fall within one of the following classes. After the proper class is determined, the wholesaler will apply the mark-up provided for that class of sale: (1) Primary wholesalers. Primary wholesalers are wholesalers who buy frozen fish or seafood from processors and distribute it for resale from cold storage warehouses to other wholesalers or to retailer-owned cooperative and chain store warehouses. In the sale of frozen fish or seafood which has been un loaded, stored and warehoused in the regular course of his business, the primary wholesaler's mark-up is 12%. In the case of sales of goods which have not been stored and warehoused, the primary wholesaler's mark-up is 7%. In the case of sales involving delivery from the processor's cold storage warehouse to the primary wholesaler's customer, there is no mark-up. (2) Retailer-owned cooperative whole salers. This class includes wholesalers which are either non-profit organizations or corporations of which 51% or more of the stock is owned by its retailer customers and which generally sell and deliver from a cold storage warehouse to affiliated retail stores. The mark-up for this class of wholesaler is 10% to affiliated retail stores. (3) Cash and carry wholesalers. This class includes wholesalers who distribute frozen fish and seafood to retail stores and purveyors of meals; who normally do not extend credit; and whose sales are made ex-freezer or platform. The mark-up for this class of wholesaler is 15%. (4) Service and delivery wholesalers. This class includes wholesalers who dis tribute frozen fish and seafood to retail stores and purveyors of meals and whose sales are made on a delivered basis to the customer's usual receiving point by means other than a common carrier. The mark-up for this class of wholesaler is 25 percent. (5) Broken lots. Sales of broken lots of frozen fish and seafood are permitted except on sales to other wholesalers. "Broken lots" are defined as partial lots of frozen fish and seafood that have been broken or separated from the original content of the immediate container in which the product had been packed by the processor, and which broken lots are sold, made ready for delivery, and shipped cut to a customer apart from the remainder of the original content of the immediate container. On sales of broken lots of frozen fish and seafood, a wholesaler will be permitted to add 10% to the normal mark-up as specified under the various classes of wholesalers as outlined in this regulation. (6) Country trade shipments. Wholesalers who ship to retailers and purveyors of meals to country and outlying points may add to their permitted markups the actual cost of any special shipping cases and the cost of any extra refrigerant used for the shipment. Such wholesalers must denote separately on invoices to customers the actual cost of the cases and the refrigerant. (e) Imported frozen fish and seafood. processor, may sell any imported frozen in the United States, the freight from the (f) Sales to war procurement agen- SEC. 5 Sales to which this regulation does not apply. (a) The provisions of this regulation shall not be applicable to sales or deliveries of frozen fish and seafood to a purchaser, if prior to April 13, 1943, such frozen fish and seafood have been received by a carrier, other than a carrier owned or controlled by the seller, for shipment to such purchaser. (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. (a) The provisions of this regulation re- ARTICLE II-RECORD KEEPING AND (a) Every processor making a sale and every person making a purchase of frozen fish or seafood in the course of trade or other than a purchaser at retail, after April 13, 1943, shall keep for inspection by the Office of Price Administration for so long as the Emergency Price Contral 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 processing of pack of frozen fish or seafood, and the container type and size, and indicating that the fish or seafood is frozen. (b) Such person shall, subject to the approval of the Bureau of the Budget in accordance with the Federal Reports Act of 1942, submit such reports to the Office of Price Administration and keep such other records in addition to or in place of the records required in paragraph (a) of this section as the Office of Price Administration may from time to time require. (c) Every processor 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, such records as he has which reflect his inventories as of September 1, 1943, and October 20, 1943, of frozen fish and seafood to which footnote 3 is attached in, the table of base prices in section 14. (And t. 6) spection by the Office of Price Admin(d) Every processor shall keep for inistration for so long as the Emergency Price Control Act of 1942, as amended, remains in effect, such records as he has which reflect his inventories as of October 1, 1943, and October 20, 1943, of frozen fish and seafood to which footnote 4 is attached in the table of base prices in section 14. (Amdt. 6) (e) Every person making a sale of any frozen fish or seafood subject to this reg ulation shall furnish to the purchaser at the time of delivery a written statement setting forth the date; the names and addresses of the buyer and seller; the species sold: a notation that the fish or seafood is frozen; the quantity, sizes, grades, and styles of processing of such species, and the prices charged therefor, a separate statement of the container differentials, if any, and separate statement of allowable transportation costs, if any. a If the statement furnished a purchaser at the time of delivery does not identify the size, grade and style of dressing, the maximum price which may be charged for the species of frozen fish and seafood involved in the sale is the maximum price for the lowest priced size, grade and style of processing of that species of frozen fish and seafood. (Amdt. 8) SEC. 8 Indirect price increases. No person shall evade any of the provisions of this regulation by any scheme or device and no person shall indirectly charge or receive for frozen fish or seafood a price higher than the maximum price permitted by this regulation. No person shall as a condition of selling any frozen fish or seafood require a purchaser to buy any other frozen fish or seafood or any other product. SEC. 9 Enforcement. On and after April 13, 1943, any person violating any provision of this regulation is subject to the criminal penalties, civil enforcement actions, suits for treble damages and proceedings for revocation of licenses provided by the Emergency Price Control Act of 1942, as amended. ARTICLE III-MISCELLANEOUS PROVISIONS SEC. 10 Petitions for amendment. Any person seeking an amendment of any provision of this regulation may file a petition for amendment in accordance with the provisions of Revised Procedural Regulation No. 1 issued by the Office of Price Administration. SEC. 11 Adjustable pricing. Any person may offer or agree to adjust or fix prices to or at prices not in excess of the maximum prices in effect at the time of delivery. In an appropriate situation, where a petition for amendment or for adjustment or exception requires extended consideration, the Price Administrator may, upon application, grant permission to agree to adjust prices upon deliveries made during the pendency of the petition in accordance with the disposition of the petition. SEC. 12 Definitions. (a) When used in this maximum price regulation the term: "Artificially frozen" means fish which are rozen by any method other than by exposure to the elements. "Butterfly fillet" means two single fillets which are held together as a single unit by leaving intact the belly wall of the fish. "Cellophane wrapped" means fish or fillets which are wrapped in cellophane. "Count", as applied to shrimp and "Cry-o-vac wrapped" means fish or fillets "Fillet" means the heavily meated section or strip of fish cut from along the backbone "Frozen fish" means fish that are naturally "Frozen seafood" means shellfish and mol lusks that are naturally or artificially frozen. and/or prawn from which the head and "Head-on" means shrimp and/or prawn as it comes from the water. (Am.7) "Individually frozen" means fish which are singly frozen. "Layer pack" means fish which have been placed in a container in layers that are di- "Naturally frozen" means fish which are "Pan frozen" means fish which are frozen in pans, trays, or similar receptacles in a solid cake or block. "Parchment wrapped" means fish or fillets individually wrapped in parchment paper. "Peeled" means shrimp and/or prawn from which the head and shell have been removed. (Amdt. 7) "Peeled and veined" means shrimp and prawn from which the head, shell, and alimentary, canal (sand vein) have been removed. (Amd t. 5) "Price per pound" means the price for 16 net ounces of frozen fish. "Processor" means the person who owns the fish or seafood at the time they are frozen, or the person who becomes the owner before they leave the original freezing point. (Amdt. 1) Base price. Layer pack in 15 lb. wood Frozen fish and frozen SEC. 14 Table of base prices for frozen fish and sea food. 1/ Apply only when packed in containers of more than one pound to and including 10 pounds. When packed in containers of one pound or less, 14 cents per pound may be added to the listed prices. 2/ When frozen in scallop bags, deduct 2 cents per pound. No processor shall sell this species and style at prices listed until he shall have sold at or below the prices applicable to this item before October 20, 1943, an amount equal to that part of his October 20, 1943 inventory of that species and style which he froze before September 1, 1943. No importer shall sell this species and style frozen before September 1, 1943 outside any of the forty-eight states of the United States and the District of Columbia at prices higher than those applicable to this item before October 20, 1943. 4/ No processor shall sell this species and style at prices listed until he shall have sold at or below the prices applicable to this item before October 20, 1943, an amount equal to that part of his October 20, 1943, inventory of that species and style which he froze before October 1, 1943. No importer shall sell this species and style frozen before October 1, 1943 outside any of the forty-eight states of the United States and the District of Columbia at prices higher than those applicable to this item before October 20, 1943. 5/ Apply only to fish caught in Lakes Superior, Michigan, and Huron, and waters tributary thereto, except Saginaw Bay. |
