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Frozen Tish and Seafood (Contimied)
Schedule
Name
Item Style of

Base prio

Size
No.
Common
Scientific

No.
processing

per pound 54. Shrimp & prawnd (Con.) Peneus se tiferus,

25 Peeled & veined 34 to 40 count $.36 P. brasiliensis

26

41 to 56

.33

57 to 86 28

87 & over

26% 29 Headless & Under 16

397 16 to 21

.35 M 22 to 27

.31 32

NI
28 to 32

27
33 to 45
46 to 69

22 70 & over

.20 55 .. Spiny (rock) lobster Jasus lalandii

1 Overib.

10-20-30 lb.

.42 tails - S. Africa

2 to

.40

3 Under 56 .. Spiny (rock) lobster Panulirno argus Over o

.40 tails - Caribbean,

2 | to Gulf & Pacific ..

3 Under 57 .. Spiny (rock) lobster

11 lb. net

Regular

.65 meat - S. Africa,

Caribbean, Gulf & Pac. 58 .. Squid, bone - Atlantic Loligo pealei ...

1 All

.14 59 Squid, bone - Pacific. Loligo opalescens

1

.10 60 Smelt. Columbia River. Argentinidae sp. ...

1 Round

All

.10 Smelts, Atlantic

Osmerus mordax
Coast
Jumbo

1

84 in.& over (b) Extra

2

7 to 8 in. No. 1

3

53 to (a) No. 2 (Medium)

4

4 to 53
(e) No. 1

5 Dressed
53 to

.23 61 .. Cod, true Pacific Gedus macrocephalus

Round
All

.10 2 | Dressed

.12 3 3 Fillets

.25 62 .. Flounder Pacific

1
Round ..

.08 2

.10

.29 63 .. Salmon, pink - Pacific Oncorhynchus gorbuscha . 1

Round

.09 2 Drawn

.10 3 Dressed

.12 4. Fillets

.18 . Sal.non, sockeye 0. nerka 1 Round

.21 Pacific

2 Dressed 65. Salinon, chinook or 0. tschawy tscha

1 Round

.192 king (seine caught)

2 Dressed
Pacific ..
Salinon, steelhead - Salmo gairdnerii

1 Round

141 Pacific

2 Dressed

.18 Sole, rex Pacific

1 Round

.05 2 Dressed and

skinned
Lake herring

Leucich thys ar tedi2
tedi57.. 1 Round ..

.07 2 Gutted

.09 3 Headed & gutted

.11 4 gutted and scaled

.12 5 Fillets

.17.2 6 Boned

.17 "- caught in

1 Round

.09 Saginaw Bey

2 Gutted

.12 3 Headed & gutted

.11 4 gutted and scaled

.12 5 Fillets

.17

6 Boned Note: For explanation of footnotes see page 22.

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MPR-439--FRESH FISH AND SEAFOOD--AND AMENDMENTS 1 TO 6

This condensation of the text and tables of MPR-439 and the amendments through March 1, 1944, 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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Issued
Effective

Issued

Effective MPR-439 - July 20, 1943 July 22, 1943

Amdt. 4. Oct. 9, 1943 Oct. 15, 1943
And t. 1-
30,
30,

5 - Nov, 1, Nov. 6,
2 - Aug. 20
,

N
Aug. 20,

6 - Dec, 20, Dec. 27,
3 Sept.15,

M

Sept. 21,
(Document No. 19189, ARTICLE 11-RECORD KEEPING AND ENFORCEMENT | Sec.

29. Salmon, silver (Pacific coast) seine
PART 1364—FRESH, CURED, AND CANNED 11. Records and reports.
MEAT AND FISH PRODUCTS
12. Indirect price increases.

caught (Oncorhynchus kisutch).
13. Enforcement.

33. Salmon, fall (Pacific coast) seine caught
(MPR 439)
14. Licensing and regulation.

(Oncorhynchus keta).

31. Salmon, pink (Pacific coast) seine caught FRESH FISH :ND SEAFOOD AT RETAIL ARTICLE III-MISCELLANEOUS PROVISIONS

(Oncorhynchus garbuscha).

32. Salmon, Sockeye (Blueback) (Pacific In the judgment of the Price Admin- 15. Petitions for amendment.

coast) seine caught (Oncorhynchus istrator, it is necessary in order to ef - 16. Definitions.

nerka). fectuate the purposes of the Emergency Appendix A: Suggested form.

33. Salmon, Chinook (King) (Pacific coast) Price Control Act of 1942, as amended,

seine caught (Oncorhynchus tschawytand Executive Orders Nos. 9250 and

Article 1-Purpose and Scope of

scha). 9328, that maximum prices be established

Regulation

34. Salmon, Steelhead (Pacific coast) (Salfor the sale by retailers of fresh fish SECTION 1. What this regulation does.

mo gaird nerii) and seafood.

35. Smelt, Silver (Pacific coast). This regulation fixes the maximum retail 36. Sole, Dover (Pacific coast). So far as practicable, the Price Ad- prices at which retailers may sell certain 37. Sole, English (Pacific coast). ministrator has consulted and advised species of fresh fish and seafood. On 38. Sole, Petrale (Pacific coast). with representative members of the in- and after July 22, 1943, the date this reg- 39. Sole, Rex (Pacific coast). dustry which will be affected by the ulation takes effect, no retailer may sell | 40. Sole, Sand (Pacific coast). regulation. In the judgment of the or deliver any of such fresh fish or sea - 41. Sole, Turbot (Pacific coast). Price Administrator, prices established food, and no person in the course of 42. Tuna, Albacore (Pacific coast): are generally fair and equitable and will trade or business may buy or receive any 44. Tuna, Bluefin

43. Tuna, Yellowfin (Pacific coast). effectuate the purposes of the Act. The of such fresh fish or seafood from a re- 45. Tuna, Shipjack (striped) (Pacific coast). prices established are not below the tailer at prices higher than the prices 46. Bonita (Pacific coast). average retail prices of fresh fish and fixed by this regulation. But prices 47. Yellowtail (Pacific coast). seafood in the year 1941.

lower than those fixed may be charged 48. Pilchards (Sardinia caerulea) A statement of the considerations in- or paid.

49. Whitefish (Coregonus clupeiformis) volved in the issuance of the regulation has been issued herewith and filed with seafood are covered by this regulation. (Caught in Canadian waters)

SEC. 2. What species of fresh fish and Caught in Canadian waters)

50. Lake Trout (Cristivomer mamaycush) the Division of the Federal Register. *

(a) The following species of fish and 51. Yellow Pike (Yellows or Wall-eyed
§ 1364.19 Maximum retail prices for seafood are included in this regulation: Pike) (Stizostedion vitreum vitreum)
fresh fish and seafood. Under the au-
thority vested in the Price Administrator

1. Alewives (Pomolobus pseudo-harengus) (Caught in Canadian waters)
2. Codfish (Cadus callarias!.

52. Pickerel (Jacks, Great Northern Pike by the Emergency Price Control Act of 3. Cusk (Brosme brosme).

or Grass Pike) (Esox lucius) (Caught in 1942, as amended, and Executive Orders 4. Blackback (Presudo-pluronectes ameri- Canadian waters) Nos. 9250 and 9328, Maximum Price

canus).

53. Sauger

(Stizostedion

(Sand Pike) Regulation No. 439 (Fresh Fish and Sea

5.

Dab, Sea (Hippoglossoides platessoldes). canadense) (Caught in Canadian waters)

6. food at Retail), which is annexed hereto

Yellow tail (Limanda ferruginea).

54. Yellow Perch (Perca flavescens) and made a part hereof, is hereby issued.

7. Haddock (Melanogrammus aeglefinus). (Caught in Canadian waters)
8. Hake (Urophycis species).

55. Shrimp and Prawn AUTHORITY: $ 1364.19 issued under Fub. 9. Hake, mud (Urophycis species).

56. Lake herring (Leucichthys artedi). (Amdt. 3,5) Laws 421 and 729, 77th Cong.; E.O. 9250, 710. Herring (Clupea harengus). F.R. 7871; E.O. 9328, 8 F.R. 4681. 11. Pollock -(Pollachius vireus).

Sec. 3. How retailers determine their 12. Rosefish (Sebastus Marinus).

maximum prices for fresh fish and seaMAXIMUM PRICE REGULATION 439—FRESH FISH

i3. AND SEAFOOD AT RETAIL

Sole, Gray (Glyptocephalus c;noglossus) food. (a) Every retailer, in order to

14. Sole, Lemon (Pseudo-pleuronectes dig- determine his maximum selling price for ARTICLE I-PURPOSE AND SCOPE OF THIS REGU

nabilis).

any style or form of each species of fresh LATION

15. Whiting (Merluccius bilinearis). Sec. 16. Wolffish (Anarhichas lupus).

fish or seafood set forth in section 2 shall 1. What this regulation does. 17. Scallops, Sea (Pecten magellanicus).

take the same cents per pound mark-up 2. What species of fresh fish and seafood are 18. Scallops, Bay (Pecten irradians).

over net delivered cost, which he took on covered by this regulation. 19. Swordfish (Xiphias gladius).

the most sales during the period July 5 3. How retailers determine their maximum 20. Cod true (Pacific coast) (Cadus macro- to july 10, 1943, inclusive, for the same prices for fresh fish and seafood.

cephalus)

style and form of the species being 4. Directions for applying the mark-up rule. 21. Crabs (Pacific coast).

priced: Provided. That if during that 5. Price posting requirement. 22. Flounder (Pacific coast).

period the retailer fixed his selling price 6. Additions allowed for deliveries made by 23. Halibut (Hippoglossus hippoglossus).

by applying a percentage mark-up over the store to its customers.

24. Ling cod (Pacific coast) (Ophiodon cost, he shall determine his maximum 7. Precedence of community prices

elongatus). retailer's ceilings established by the 25. Red Cod (rock cod) (Pacific coast) (Se-applying the percentage mark-up which

selling price under this regulation by mark-up method.

bastes species). 8. Where this regulation applies. 26. Sablefish (Anopolopoma fimbria).

he used on most sales during that period. 9. Sales to which this regulation applies. 27. Salmon, Chinook (King) (Pacific coast)

(b) For any species of fish or seafood 10. Relation to other regulations.

troll caught (Oncorhynchus tschawyt- listed in section 2 or any style or form

scha) red meated and white meated. of those species, which was not offered for *Coples may be obtained from the Office of 28. Salmon, silver (Pacific coast) troll sale during the period July 5 to July 10, Price Administration.

caught (Oncorhynchus kisutch). 1943, inclusive, the retailer's maximum

over

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selling price will be determined by taking Fractions of one-half cent or over shall (b) Ceiling prices for sales to hotels,
the most similar commodity of fresh be considered a cent and fractions of a restaurants, institutions and other eat-
Ash or seafood that he did offer for sale cent under one-half cent are to be ing places selling or furnishing meals are
during the period July 5 to July 10, 1943, dropped in computing the retailer's max- the ceiling prices fixed by Maximum Price
inclusive, and applying the cents per imum selling price per pound. When re: Regulation No. 418. Nevertheless, any
pound mark-up or the percentage tailers service and distribute fresh fish
mark-up as set forth in section 3 (a).

and seafood from one or more central person may, during any month, use the (c) Any retailer who did not offer for warehouses, they shall be permitted to ceiling prices fixed by this regulation in sale any species of fish or seafood listed include in their net cost the actual serv- selling to eating places if 80 percent or in section 2 or any form or style of any ice and warehousing cost. A retailer more of his total sales of fresh fish and species during the period July 5 to July must calculate maximum prices for the seafood during the previous calendar 10, 1943, inclusive, or who cannot price fresh fish and seafood commodities cov- month were retail sales to consumers, his fresh fish and seafood commodities ered by this regulation once every week. that is, to persons who

buy the fresh fish under section 3 (a) or (b) hereof shall This calculation shall be made on Thurs- and seafood to be eaten by themselves or file a written application to the nearest day of each week and before any sales of their families. (Amd t. 4) district office of the Office of Price Ad- such conimodity are made on that day. Sec. 10. Relation to other regulations. ministration for approval of a permitted All maxiinum prices shall be calculated the maximum price at which a person retail mark-up on each of such species and stated in cents per pound. In the may export fresh fish and seafood at in the style or form to be sold. The ap- calculation, costs of fresh fish and sea- retail shall be determined in accordance plication shall include a statement set food, both on hand and in transit, shall with the provisions of the Second devised ting forth the reason why pricing can- 'be included. (And t. 5)

Maximum Export Price Regulation' isnot be based on section 3 (a) or (b) and

Sec. 5. Price posting requirement. The sued by the Office of Price Administraa proposed schedule of mark-ups by

tion. species and forms and styles to be sold. retailer must post a list of his ceiling

prices at a place in his store where it Article 11.--Record Keeping and Entot ceAny district office of the Office of Price can be easily read by customers or prosAdministration may establish maximum pective customers. Such list must con

ment mark-ups of such an applicant in line tain a complete list of all species covered

SEC. 11. Records and reports. (a) with the mark-ups of similar retailers. in this regulation which are being offered Every seller subject to this regulation The district office shall establish Table for sale and the form or style in which shall keep in his possession for inspection A prices in Maximum Price Regulation cold.

by the Office of Price Administration, for No. 418 as the net cost for any applicant

so long as the Emergency Price Control who is the producer of the fresh fish or

Sec. 6. Additions allowed for deliveries Act of 1942, as amended, remains in efseafood which he sells at retail. (Ardte , 6) made by the store to its consumers. (a)

fect, all available sales slips, books of If deliveries are made by the retailer to account, invoices and other purchase and SEC. 4. Directions for applying the the homes or places of business of his sales records of the period July 5th and mark-up rule. To compute the maxi- customers of any of the items covered by 10th, 1943, inclusive. He shall also premum selling price take the net delivered this regulation, the retailer may add to pare, for all fresh fish and seafood hancost on a per pound basis for each species the total value of the delivery, as a sep- dled by him during this period, whether and apply the permitted mark-up under arate charge, the same amount which he

or not covered specifically by this regusection 3. Net delivered cost is the charged for such delivery during the lation, a written statement, for inspecamount paid to the supplier less all dis- period July 5 to July 10, 1943, inclusive. tion by the Office of Price Administracounts, except the discount for prompt

tion showing (1) the net delivered cost pa y ment, plus all transportation Sec. 7. Precedence of community prices of each species in each form or style charges. If more than one purchase is over, retailers ceilings established by the bought, which net delivered cost is (i) represented in the species to be priced, mark-up method. (a) The Office of computed by dividing the total net delivthe retailer, to determine the net deliv- Price Administration may, by order ered cost of each species, bought in the ered cost, may take (a) the average issued pursuant to General Order Num- same form, by the total number of pounds weighted cost of such purchases (total ber 51, fix in any community dollars- bought or (ii) taking the net delivered net delivered cost of the purchases di- and-cents ceiling prices for some or all cost of the largest single purchase; (2) vided by the number of pounds bought) of the fishery commodities in this regu- the price at which he made most sales of or (b) the net delivered cost of the largest lation. When such dollars-ard-cents each of the above-Inentioned species in purchase involved. No retailer may com- prices are fixed, the retailer riay not the styles or forms in which he made the pute his maximum selling price on a thereafter sell at higher prices than ceil- sales, and (3) the mark-up in each case. purchase where the net delivered cost is ing prices set for the group in which he is the cents-per-pound mark-up shall be higher than the supplier's ceiling price. classified, if group classifications are set the difference between the net delivered

To compute the maximum selling price up, and these new ceiling prices shall cost per pound and the selling price per for fresh fish or seafood of any species take the place of the ceiling prices ar- pound as computed in (1) and (2), but listed in section 2 which the retailer rived at under this regulation.

any retailer who employs a percentage bought outside of the United States or

mark-up method may state such a markAlaska or which were delivered to him SEC. 8. Where this regulation applies.

up in percentage terms. A suggested from outside the United States or Alaska, The provisions of this regulation shall

form for this statement, with sample enthe retailer shall use as his “net delivered apply to the forty-eight states of the tries based on assumed prices using the cost" whichever of the following is United States and the District of Co

cents-per-pound mark-up method is lower: (1) The “net delivered cost” as lumbia and, notwithstanding the pro

provided in Appendix A. computed above or (2) the maximum visions of Maximum Price Regulation

(b) apprice for the sale of such fresh fish or 194, to the Territory of Alaska. (Amdt, 22) proval of the Bureau of the Budget in acseafood by a primary fish shipper whole- Sec. 3 Sales to which this regulation cordance with the Federal Reports Act saler as listed in Maximum Price Regula- applies; sales to eating places. (a) This of 1942, submit such reports to the Office tion No. 418, Article IV, section 20, Table regulation applies to all sales of fresh fish of Price Administration and keep such B, plus the container price as listed in or seafood by a retailer, which includes records in addition to or in place of the Maximum Price Regulation No. 418, any store, wagon route, establishment, or records required in paragraph (a) of this Article IV, section 19, where a container, department which sells, for the most section as the Office of Price Administraas there defined, is used, plus all trans- part, to ultimate consumers who are not tion may from time to time require. portation charges.

commercial, industrial or institutional
users.

SEC. 12. indirect price increases. No Sections 15 and 16 provide, in brief, that Regulation No. 1. issued by the Omice of person shall evade any of the provisions a license is required of all persons selling Price Administration. of this regulation by any scheme or de- at retail commodities for which ceiling

SEC. 16. Definitions. "Style or form” vice, and no person shall indirectly prices are established. A license to all charge or receive for fresh fish or sea- retailers engaged in resale of fishery com- in this regulation means the various food a price higher than the maximum modities during the period July 5 to July stages at which fresh fish or seafood may

be processed by producers and wholeprice permitted by this regulation. No 10. 1943, inclusive, is automatically salers and by the retailer for the confresh fish or seafood, require a purchaser such retailer to apply for it. Other re- steaks, slices, fillets, etc., and includes to buy any other fish or seafood or any tailers will be automatically licensed

fish sold in the round or drawn on a other product.

upon approval of a mark-up method as
outlined in section 3 (c). All sellers may order of the customer without added

gross weight basis and processed at the SEC. 13. Enforcement. On and after later be required to register. The license July 22, 1943, any person violating any may be suspended for violation in con

compensation. provision of this regulation shall be sub- nection with the sale of any commodity Effective date. This regulation shall ject to the criminal penalties, civil en- for which ceiling prices are established. become effective July 22, 1943. forcement actions, suits for treble dam. No person whose license is suspended may ages and proceedings for revocation of sell any such commodity during the

NOTE: The reporting and record keeping licenses provided by the Emergency Price period of suspension.

provisions of this regulation are approved by

the Bureau of the Budget in accordance with Control Act of 1942, as amended.

Article III-Miscellaneous Provisions

the Federal Reports Act of 1942. Sec. 14. Licensing and registration.

Issued this 20th day of July 1943. The licensing and registration provisions Sec. 15. Petitions for amendment. of sections 15 and 16 of the General Max- Any person seeking an amendment of

PRENTISS M. BROWN, imum Price Regulation’ shall apply to any provision of this regulation may file

Administrator. every person subject to this regulation. a petition for amendment in accordance

with the provisions of Revised Procedural APPENDIX A: SUGGESTED FORM-RETAIL MARK-!'PS RECORD JULY 5-10, 1943, 1.- LCSIVE

*8 FR, 4132, 6987, 7682. (Cents-per-pound mark-up method)

'8 F.R. 3096, 3849, 4347, 4486, 4724, 4878,

4848, 6047, 6962; 8511, 9026. (1)

(2) (3)

s7 FR. 8961; 8 F.R. 3313, 3633, 6178. Form or

(fross or net Net do

Cents

Selling
style pur
Species

Form or style sold weight (state
livered
chased

which)

price

pound pound

pound mark-up

per

cost per

per

[blocks in formation]

Note: Many of the provisions of MPR-439 were superseded on January 27, 1944, by MPR-507. All

the species mentioned in MPR-439, with the exception of lake herring, pilchard, rex
sole, steelhead trout, and crabs, bave been placed under a dofinite cents per pound
mark-up in MPR-507. Thus, the five species listed above are still under MPR-439.
There are certain other provisions of MPR-439 which apply to sales by retailers,
This order should be checked with MPR-507.

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