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:

Article I-Purpose and Scope of
Regulation

SECTION 1. What this regulation does.
This regulation fixes the maximum retail
prices at which retailers may sell certain
species of fresh fish and seafood. On
and after July 22, 1943, the date this reg-
ulation takes effect, no retailer may sell
or deliver any of such fresh fish or sea-
food, and no person in the course of
trade or business may buy or receive any
of such fresh fish or seafood from a re-
tailer at prices higher than the prices
fixed by this regulation. But prices 47.
lower than those fixed may be charged
or paid.

seafood are covered by this regulation.
SEC. 2. What species of fresh fish and
(a) The following species of fish and
seafood are included in this regulation:

Cod true (Pacific coast) (Cadus macro-
cephalus).

(Ophiodon

Sablefish (Anopolopoma fimbria). Salmon, Chinook (King) (Pacific coast) (b) For any species of fish or seafood 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 *Copies may be obtained from the Office of 28. Salmon, silver (Pacific coast) Price Administration. troll sale during the period July 5 to July 10, caught (Oncorhynchus kisutch). 1943, inclusive, the retailer's maximum

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-
fish 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. (Amdt. 4)
district office of the Office of Price Ad- such commodity are made on that day.
ministration for approval of a permitted All maxiinum prices shall be calculated
retail mark-up on each of such species and stated in cents per pound. In the
in the style or form to be sold. The ap-calculation, costs of fresh fish and sea-
plication shall include a statement set-
ting forth the reason why pricing can
not be based on section 3 (a) or (b) and
SEC. 5. Price posting requirement. The
a proposed schedule of mark-ups by
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
Any district office of the Office of Price can be easily read by customers or pros-
Administration may establish maximum pective customers. Such list must con-
mark-ups of such an applicant in line tain a complete list of all species covered
with the mark-ups of similar retailers. in this regulation which are being offered
The district office shall establish Table for sale and the form or style in which
A prices in Maximum Price Regulation sold.
No. 418 as the net cost for any applicant
who is the producer of the fresh fish or
seafood which he sells at retail. (Aradt. 6)

food, both on hand and in transit, shall
be included. (Amdt. 5)

SEC. 6. Additions allowed for deliveries made by the store to its consumers. (a) If deliveries are made by the retailer to SEC. 4. Directions for applying the the homes or places of business of his mark-up rule. To compute the maxi- customers of any of the items covered by mum selling price take the net delivered this regulation, the retailer may add to cost on a per pound basis for each species the total value of the delivery, as a sepand apply the permitted mark-up under arate charge, the same amount which he section 3. Net delivered cost is the charged for such delivery during the amount paid to the supplier less all dis- period July 5 to July 10, 1943, inclusive. counts, except the discount for prompt payment, plus all transportation SEC. 7. Precedence of community prices charges. If more than one purchase is over. retailers ceilings established by the represented in the species to be priced, mark-up method. (a) The Office of the retailer, to determine the net deliv- Price Administration may, by order ered cost, may take (a) the average issued pursuant to General Order Numweighted cost of such purchases (total ber 51, fix in any community dollarsnet delivered cost of the purchases di-and-cents ceiling prices for some or all vided by the number of pounds bought) of the fishery commodities in this reguor (b) the net delivered cost of the largest purchase involved. No retailer may compute his maximum selling price on a purchase where the net delivered cost is higher than the supplier's ceiling price. To compute the maximum selling price for fresh fish or seafood of any species listed in section 2 which the retailer bought outside of the United States or Alaska or which were delivered to him from outside the United States or Alaska, the retailer shall use as his "net delivered cost" whichever of the following is lower: (1) The "net delivered cost" as computed above or (2) the maximum price for the sale of such fresh fish or

seafood by a primary fish shipper wholesaler as listed in Maximum Price Regulation No. 418, Article IV, section 20, Table B, plus the container price as listed in Maximum Price Regulation No. 418, Article IV, section 19, where a container, as there defined, is used, plus all transportation charges.

lation. When such dollars-ard-cents
prices are fixed, the retailer riay not
thereafter sell at higher prices than ceil-
ing prices set for the group in which he is
classified, if group classifications are set
up, and these new ceiling prices shall
take the place of the ceiling prices ar-
rived at under this regulation.

SEC. 8. Where this regulation applies.
The provisions of this regulation shall
apply to the forty-eight states of the
United States and the District of Co-
lumbia and, notwithstanding the pro-
visions of Maximum Price Regulation
194, to the Territory of Alaska. (Amdt,1,2)

SEC. 9 Sales to which this regulation applies; sales to eating places. (a) This regulation applies to all sales of fresh fish or seafood by a retailer, which includes any store, wagon route, establishment, or department which sells, for the most part, to ultimate consumers who are not commercial, industrial or institutional

users.

SEC. 10. Relation to other regulations. The maximum price at which a person may export fresh fish and seafood at retail shall be determined in accordance with the provisions of the Second Revised Maximum Export Price Regulation issued by the Office of Price Administra

tion.

Article 11-Record Keeping and Enforce-
ment

SEC. 11. Records and reports. (a)
Every seller subject to this regulation
shall keep in his possession for inspection
by the Office of Price Administration, for
so long as the Emergency Price Control
Act of 1942, as amended, remains in ef-
fect, all available sales slips, books of
account, invoices and other purchase and
sales records of the period July 5th and
10th, 1943, inclusive. He shall also pre-
pare, for all fresh fish and seafood han-
died by him during this period, whether
or not covered specifically by this regu-
lation, a written statement, for inspec-
tion by the Office of Price Administra-
tion showing (1) the net delivered cost
of each species in each form or style
bought, which net delivered cost is (1)
computed by dividing the total net deliv-
ered cost of each species, bought in the
same form, by the total number of pounds
bought or (ii) taking the net delivered
cost of the largest single purchase; (2)
the price at which he made most sales of
each of the above-mentioned species in
the styles or forms in which he made the
sales, and (3) the mark-up in each case.
The cents-per-pound mark-up shall be
the difference between the net delivered
cost per pound and the selling price per
pound as computed in (1) and (2), but
any retailer who employs a percentage
mark-up method may state such a mark-
up in percentage terms. A suggested
fcrm for this statement, with sample en-
tries based on assumed prices using the
cents-per-pound mark-up method is
provided in Appendix A.

(b) Every seller shall, subject to ap

proval of the Bureau of the Budget in ac

cordance with the Federal Reports Act
of 1942, submit such reports to the Office
of Price Administration and keep such
records in addition to or in place of the
records required in paragraph (a) of this
section as the Office of Price Administra-
tion may from time to time require.

to buy any other fish or seafood or any other product.

SEC. 12. Indirect price increases. No Sections 15 and 16 provide, in brief, that Regulation No. 1' issued by the Office 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 conperson shall, as a condition of selling granted so it is not necessary for any sumer such as scaled, headed, gutted, fresh fish or seafood, require a purchaser such retailer to apply for it. Other re- steaks, slices, fillets, etc., and includes tailers will be automatically licensed fish sold in the round or drawn on a 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 later be required to register. The license: may be suspended for violation in con- compensation. nection with the sale of any commodity Effective date. for which ceiling prices are established. become effective July 22, 1943. This regulation shall No person whose license is suspended may sell any such commodity during the provisions of this regulation are approved by NOTE: The reporting and record keeping period of suspension. the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Issued this 20th day of July 1943. PRENTISS M. BROWN, Administrator.

SEC. 13. Enforcement. On and after July 22, 1943, any person violating any provision of this regulation shall be 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.

SEC. 14. Licensing and registration. The licensing and registration provisions of sections 15 and 16 of the General Maximum Price Regulation shall apply to every person subject to this regulation.

Article III-Miscellaneous Provisions

SEC. 15. 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

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, have been placed under a definite 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.