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by the percentage mark-up figure the (5) Broken lots. Sales of broken lots this regulation shall not be applicable to result added to the net cost is the sell- of frozen fish and seafood are permitted sales or deliveries of frozen Ash and seaing price. The mark-up which applies except on sales to other wholesalers. food to a purchaser, 1 prior
to April 13, in any particular sale depends on the "Broken lots" are defined as partial lots 1943, such frozen fish and seafood have class in which the wholesaler is and the of frozen fish and seafood that have been been received by a carrier, other than a kind of service performed in the par- broken or separated from the original carrier owned or controlled by the seller, ticular saie. The classes, types of serv- content of the immediate container in for shipment to such purchaser. ice, and mark-ups are set forth in the which the product had been packed by (b) The provisions of this regulation following paragraph (d). No wholesaler the processor, and which broken lots are shall not apply to any sąles at retail. A who purchases from and sells to other sold, made ready for delivery, and shipped sale at retail is a sale to an ultimate conwholesalers may sell at a price higher out to a customer apart from the re- sumer other than an industrial or comthan his seller's maximum price. In no mainder of the original content of the mercial user. event shall the price charged for a sale immediate container. On sales of broken to a retail store or purveyor of meals in- lots of frozen fish and seafood, a whole
SEC: 6 Relation to other regulations. clude more than one primary wholesaler will be permitted to add 10% to the peal the provisions of the General Maxi
(a) The provisions of this regulation resaler mark-up (regardless of whether normal mark-up as specified under the that mark-up is taken pursuent to this various classes of wholesalers as outlined sales and deliveries for which maximum
mum Price Regulation' with respect to section or section 2) and one retailer- in this regulation. owned cooperative or cash and carry or (6) Country trade shipments. Whole- prices are established by this regulation.
( service and delivery wholesaler mark-up. salers who ship to retailers and purvey- person may export frozen fish and sea
(b) The maximum price at which & (d) Classës 07 sales at wholesale for ors of meals to country and outlying food shall be determined in accordance the purpose of this regulation. De- points may add to their permitted mark with the provisions of the Revised Maxipending upon the type sale to be made, ups the actual cost of any special ship- mum Export Price Regulation issued by
ping cases and the cost of any extra re- the Office of Price Administration. a wholesaler will fall within one of the frigerant used for the shipment. Such following classes. After the proper class wholesalers must denote separately on ARTICLE II--RECORD KEEPING AND is determined, the wholesaler will apply invoices to customers the actual cost of the mark-up provided for that class of the cases and the refrigerant.
(a) Every processor making a sale and sale:
(e) Imported frozen fish and seafood. Ash or seafood in the course of trade or
every person making a purchase of frozen (1) Primary wholesalers. Primary wholesalers are wholesalers who buy saler, including any agent of a foreign other than a purchaser at retail, after The maximum price at which a whole
business or otherwise dealing therein, frozen fish or seafood from processors and distribute it for resale from cold
processor, may sell any imported frozen
Ash or seafood listed in section 14 shall April 13, 1943, shall keep for inspection storage warehouses to other wholesalers
be the base price listed in section 14 for by the Office of Price Administration or to retailer-owned cooperative and the species and style of dressing plus or
for so long as the Emergency Price Conchain store warehouses. In the sale of frozen fish or seafood which has been unminus the differential for packaging pro
tral Act of 1942, as amended, remains loaded, stored and warehoused in the regvided for in section 13, plus the actual purchase or sale, showing the date
in effect, accurate records of each such ular course of his business, the primary freight to the wholesaler's warehouse thereof, the name and address of the wholesaler's mark-up is 12%. In the from the point at which the frozen fish buyer and of the seller, the price concase of sales of goods which have not enters the United States. _ If that freight tracted for or received, the quantity, been stored and warehoused, the primary is less than the carload rail freight rate species, size, grade, style of processing of wholesaler's mark-up is 7%. In the case from the shipping point in the United pack of frozen fish or seafood, and the of sales inyolving delivery from the States closest to the processor's plant to container type and size, and indicating processor's cold storage warehouse to the the wholesaler's warehouse, the latter that the fish or seafood is frozen. primary wholesaler's customer, there is may be added in place of the actual (b) Such person shall, subject to the no mark-up.
freight. However, where frozen Atlan- approval of the Bureau of the Budget in
tic Coast smelts are imported for resale accordance with the Federal Reports Act (2) Retailer-owned cooperative whole
in the United States, the freight from the of 1942, submit such reports to the Oitice salers. This class includes wholesalers
point of shipment to the wholesaler's of Price Administration and keep such which are either non-profit organiza
warehouse, not to exceed the carload other records in addition to or in place tions or corporations of which 51% or
rail freight rate if such rate is available, of the records required in paragraph (a) more of the stock is owned by its retailer
may be added. To this amount, may be of this section as the Office of Price Adcustomers and which generally sell and
added the mark-up provided for the class ministration may from time to time redeliver from a cold storage warehouse
of sale in paragraphs (c) and (d) of quire. to affiliated retail stores. The mark-up
section 3. for this class of wholesaler is 10% to
(c) Every processor shall keep for inafiliated retail stores.
(f) Sales to war procurement agen- spection by the Office of Price Admin(3) Cash and carry wholesalers.
cies. The maximum price for sales to istration for so long as the Emergency This class includes wholesalers who dis
war procurement agencies shall be de- Price Control Act of 1942, as amended, tribute frozen fish and seafood to retail
termined by reference to the class of sale remains in effect, such records as he has
and kind of service performed. stores and purveyors of meals; who
Whole- which reflect his inventories as of Sep
salers or processors who had executed tember 1, 1943, and October 20, 1943, of normally do not extend credit; and whose sales are made ex-freezer or plat
contracts prior to April 13, 1943 for the frozen fish and seafood to which footform. The mark-up for this class of
sale and delivery of frozen fish and sea- note 3 is attached in the table of base
food to war procurement agencies may prices in section 14. (Amd t. wholesaler is 15%.
continue to sell and deliver at prices set (4) Service and delivery wholesalers. in the contracts for a period of forty; spection by the Office of Price Admin
(d) Every processor shall keep for inThis class includes wholesalers who dis
five days after April 13, 1943. (Amdt. i) tribute frozen fish and seafood to retail
SEC. 4 Where the regulation applies. Price Control Act of 1942, as amended,
istration for so long as the Emergency stores and purveyors of meals and whose The provisions of this regulation shall remains in effect, such records as he has sales are made on & delivered basis to apply to the
forty-eight states of which reflect his inventories as of Octhe customer's usual receiving point by the United States and the District of means other than a common carrier. The Columbia. (And t.1)
tober 1, 1943, and October 20, 1943, of mark-up for this class of wholesaler is
SEC. 5. Sales to which this regulation frozen fish and seafood to which foot25 percent. does not apply. (a) The provisions of note 4 is attached in the table of base
prices in section 14. (Andt. 6)
“Round” fish or seafood means fish or seafood as it comes from the water.
"Scaled" means fish from which the scales have been removed but the skin left intact.
"Skinned" means fish from which the skin is removed.
"Steak" means a cross section cut from a . dressed ish.
(e) Every person making a sale of any
SEC. 12 Definitions. (a) When used frozen fish or seafood subject to this reg; in this maximum price regulation the ulation shall furnish to the purchaser at
term: the time of delivery a written statement
“Artificially frozen" means fish which are setting forth the date; the names and ad
rozen by any method other than by exdresses of the buyer and seller; the
posure to the elements. species sold: a notation that the fish or
"Butterfly Allet" means two single fillets seafood is frozen; the quantity, sizes, which are held together as a single unit by grades, and styles of processing of such leaving intact the belly wall of the Ash. species, and the prices charged there- "Cellophane wrapped" means äsh or illets
which are wrapped in cellophane. for, a separate statement of the con
"Count", as applied to shrimp and tainer differentials, if any, and a
prawn, means the number of processed separate statement of allowable' trans
shrimp or prawn to the pound (Am. 7) portation costs, if any.
It "Cry-o-vac wrapped” means fish or allets the statement furnished a purchaser at which have been packed in a bag of cry-o. the time of delivery does not identify the vac.composition or like material. size, grade and style of dressing, the max- viscera or entrails have been removed.
"Drawn fish" means a fish from which the imum price which may be charged for
"Dressed" means & fish from which the the species of frozen fish and seafood viscera and head have been removed. involved in the sale is the maximum price
"Fillet" means the heavily weated section. for the lowest priced size, grade and style of processing of that species of frozen and outside the ribbones, extending from
or strip of fish cut from along the backbone fish and seafood. (Amdt. 8)
the nape and gills to the tail. SEC. 8 Indirect price increases. No ispirozen ish" means ish that are naturally person shall evade any of the provisions or artificially frozen. of this regulation by any scheme or de
"Frozen seafood" means shellësh and mol. vice and no person shall indirectly charge lusks that are naturally or artificially frozen. or receive for frozen fish or seafood a
"Gutted" means nsh from which the vis
cera or entrails have been removed. price higher than the maximum price
"Headless" means permitted by this regulation. No per
shrimp and/or son shall as a condition of selling any removed. (And t. 7)
prawn from which the head has been frozen fish or seafood require a pur
"Headless and veined” means shrimp chaser to buy any other frozen fish or
and/or prawn from which the head and seafood or any other product.
alimentary canal (sand vein) have been SEC. 9 Enforcement. On and after removed. (Amd t. 7) April 13, 1943, any person violating any "Head-on" means shrimp and/or provision of this regulation is subject prawn as it comes from the water.(Am. 7) to the criminal penalties, civil enforce- "Individually frozen" means Ash wnich are ment actions, suits for treble damages singly frozen. and proceedings for revocation of 11- "Layer pack" means fish which have been censes provided by the Emergency placed in a container in layers that are diPrice Control Act of 1942, as amended. vided by sheets of paper before they are
frozen. ARTICLE III-MISCELLANEOUS PROVISIONS
"Naturally frozen" means Ash which are
frozen by exposure to the elements for presSEC. 10 Petitions for amendment. ervation. Any person seeking an amendment of
"Pan frozen" means fish which are frozen any provision of this regulation may in pans, trays, or similar receptacles in a solid
cake or block. file a petition for amendment in accordance with the provisions of Revised Pro- individually wrapped in parchment paper.
“Parchment wrapped" means fish or fillets cedural Regulation No. 1 issued by the
"Peeled” means shrimp and/or prawn Office of Price Administration.
from which the head and shell have been SEC. 11 Adjustable pricing. Any per- removed. (Amd t. 7) son may offer or agree to adjust or fix "Peeled and veined” means shrimp and prices to or at prices not in excess of the prawn from which the head, shell, and maximum prices in effect at the time of alimentary, canal (sand vein) have been delivery. In an appropriate situation, removed. (Amd t...5) where a petition for amendment or for "Price per pound” means the price for 16 adjustment or exception requires ex
net ounces of frozen fish. tended consideration, the Price Admin
"Processor” means the person who istrator may, upon application, grant
owns the fish or seafood at the time they permission to agree to adjust prices are frozen, or the person who becomes
the owner before they leave the original upon deliveries made during the pendency of the petition in accordance with freezing point. (And t. 1) the disposition of the petition.
ARTICLE IV-BASE PRICES AND PACKAGE
Ib. wood or paper box.. Base price.
---Add 4€ per lb.
de Add yr per lb.
--Add 1/2¢ per lb.
-----Add 44 per 1b. Cellophane wrapped in 10 Ib. wood or paper box
---Add %$ por Ib. Cellophane wrapped in 5 Ib. wood or paper box
-----Add % per lb. Cellophane wrapped in 1 Ib. wood or paper box
-----Add 1%46 per Ib. Layer pack in 15 lb. wood
or paper box.--Subtract 12$ per lb. Layer pack in 10 lb. wood
or paper box.- Subtract 4¢ per lb. Layer pack in 5 lb. wood
or paper box----- Base price. Cry-o-vac: When Cry-o
vac bags or containers
5 pounds, net
sea foods not packed in
SEC. 14 Table of base prices for frozen fish and sea food.
Frozen Fish and Seafood
Item Style of
processing 1 Bluefish
Over 4 lbs. saltatrix
2 to 4
1 to 2
Under 1 lb, .. 2 Bonito--Atlantic .. Sarda sarda
Over 5 lbs. ..
2 to 5
1 to 2 3 Butterfish
Over 1 lb, triacanthus
4 or more per
lb. 4 Catfish, sea Bagro
2 Dressed and
skinned 5. Cod--Atlantic Gadus
Over 8 lbs. callarias
2 to 8 3.
Under 2 4/4 Fillets
2/5 Sliced steaks, 6 Croaker Micropogon
Over 11 lbs, undulatus
2 to 12 / 3.
Under lb. 4 Gutted
Over 1 5
Under 1 7 Cusk Brosne brosme4/....
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, le 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 impor ter 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
there to, except Saginaw Bay.
(@) Blackback yintor Pseudopleuronectos
(c) Deb(yellowtail)4/ Limanda ferruginea
Frozen Fish and Seafood (Continued)
per pound Drum, red . South Sciaenops ocellatus ..... 1 Dressed
$.15 Atlantic and Gulf
.11 2 Gutted
.13 3 Skinned
.14 Eel, conger Leptocephalus conger .... 1 Round
.15 2 Gutted
.17 3. Skinned
.324 (b) Dab (sea)
.10 2 Tillets 1 Round 2 Fillets
.324 (a) Fluke (sunner Paralicthys dentatus .... 1
Under 4 lbs.. .07 flounder)
.09 3 Tillets All
25 (c) Solo, graytl. Glyptocephalus cyno1 Round
.13 glossus 2 Fillets
413 (7) Pseudopleuronectes 1 Round
.15 dignabilis 2 Fillets
.487 (8) " ( 1
.30 2 Round
097 3 Dressed ....
4 " & skinned
Mycteroperca sp., Ephi- 1 Gutted ...... Under 4 lbs.. .15
.20 3 Steaks( sliced)
.40 4 Fillets and tenderloins
.50 Haddocl Melanogrammus seglefimus 1 Gutted
2 lbs.& over .12 2
scrod Under 2 lbs. .12 3 Fillets
5 to 10 lbs..
Over 60 M 4 Steaks
.305 5 Tillets
31 Herring, sea, Atl. Clupea harengus
.04 2. Billets
.ll 17 .. Lingsod - Pacific T.. Pacili.. Ophiodon elongatus
.13 2 Fillets
.30 Mackerel Atlantic Scombor scombrus
Over 1 lbs.. .11 2
1 to 1
to 1 lb. .08 4
Under lb. .06 5 Tillets
.20 19.. Mackerel, Spanish ... Scomberomorus maculatus . 1 Guttad
Over 14. lbs..
Under 14 "
.16 20 Mackerel, King S. cavalla, S. regalia .. 1
All 21 Mullet
Mugil sp. ..
1 lb. up....
Under 1 lb.
.09 3 Dressed
.16 4 Fillets
24. Pollock Pollachius virons 1 Dressed
.09 2 Fillets
.164 23 Pompano Atlantic Trachinotus sp.
Over 25 lbs.. .50 2
1 to 25
Under 1 lb.
Steno tomus sp. ..
Over 1 lb.
Under 1 lb. .07 25 .. Red cod rock cod) Sobas todos sp.
.29 Red snapper Lutiamus black ordii 1 Dressed
26 2 Gutted
.20 3 Stoaks( sliced) All
.45 4 Tillots and tenderloins
.60 For explanation of footnotes soo page 22,
Atlantic4/ .... Vropbycis sp.
12 lbs. & over
29 22 .31 2014 .32 .161 .19 .214 .29 .30 .16
23 12. 14 23 .16 .10 .20 .38 .16 .08 .07
1 lb.& over
1 lbs.& up ..
per pr. •
Skate wings(raja fish) Raja sp.
13 in. & over
3 4 1 2 3 4 5 316
1 2 3 3/1
1 2 3 4 1 2 3
6 to lb.
Note: For explanation of footnotes see page 22.