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(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 person making a sale of any fresh fish or seafood subject to this regulation shall furnish to the purchaser at the time of delivery a written statement setting forth the date; the name and address of the buyer and seller; the species sold; the notation that the fish or seafood is fresh; the quantity, sizes, grades, and styles of dressing of fresh fish and seafood, and the price charged therefor, including a separate statement of the container cost, if any, as provided in section 19, and transportation cost, if any, as provided in section 7. (Amd t. 25)

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 fresh fish and seafood involved in the sale is the maximum price for the lowest priced size, grade and style of dressing of the species of fresh fish and seafood sold: Provided, That this paragraph shall not apply to any sales made at prices listed in Table A in section 20. (Amdts. 4, 16.)

(d) Every primary fish shipper wholesaler selling fresh shrimp and/or prawn in containers shall mark in clearly legible numbers and letters on the outside of each container or on a tag attached there to the count and net weight of the shrimp and/or prawn within the container and the name and address of the shipper. (Amdt. 16.)

Section 14. Evasion. (a) The price limitations set forth in this Regulation shall not be evaded, either by direct or indirect methods, in connection with an offer, solicitation, agreement, sale, delivery, purchase or receipt of, or relating to fresh fish or seafood separately or in combination with any other commodity or service, or by way of any commission, service, transportation, container, packaging or other charge, or discount premium or other privilege, or by tying agreement or other trade understanding, or by changing the style of dressing of fresh fish or seafood, or otherwise.

(b) Specifically, but not exclusively, the following practices are prohibited:

(1) Falsely or incorrectly invoicing fresh fish and seafood.

(2) Offering, selling, or delivering fresh fish or seafood on condition that the purchaser is required to purchase some other commodity or service.

(3) Offering to sell or purchase, selling or purchasing, delivering or receiving at a price higher than the current market price, not to exceed 5 cents per pound, any fresh fish or seafood not priced by this Maximum Price Regulation No. 418 when sold by or purchased from a producer in combination with a sale or purchase of fresh fish or seafood, the price of which is controlled by Maximum Price Regulation No. 418; Provided, That this subparagraph (3) shall not apply if fresh fish or seafood, the price of which is controlled by Maximum Price Regulation No. 418, constitutes less than 25 percent of the weight of the fresh fish or seafood involved in the total sale or purchase.

(4) Offering to sell or purchase, selling or purchasing, delivering or receiving at a price higher than the current market price any fresh fish or seafood not priced by this Maximum Price Regulation No. 418 when sold by or purchased from a wholesaler in combination with a sale or purchase of fresh fish or seafood, the price of which is controlled by Maximum Price Regulation No. 418.

(5) Charging, paying, billing or receiving any consideration for or in connection with any service for which a specific allowance has not been provided in this Maximum Price Regulation No. 418. (Amdt. 26)

Section 15. Enforcement. On and after July 13, 1943, On and after July 13, 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.

ARTICLE III--Miscellaneous Provisions.

Section 16. 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. Any application involving the problem of transportation

shall be filed in the regional office where the petitioner resides.

Section 17. Adjustable pricing. Any person may agree to sell at a price which can be increased up to the maximum price in effect at the time of delivery; but no person may, unless authorized by the Office of Price Administration, deliver or agree to deliver at prices to be adjusted upward in accordance with action taken by the Office of Price Administration after delivery. Such authorization may be given when a request for a change in the applicable maximum price is pending, but only if the authorization is necessary to promote distribution or production and if it will not interfere with the purposes of the Emergency Price Control Act of 1942, as amended. The authorization may be given by the Administrator or by any official of the Office of Price Administration to whom the authority to grant such authorization has been delegated. The authorization will be given by order, except that it may be given by letter or telegram when the contemplated revision will be the granting of an individual application for adjustment.

Section 18. General definitions.

When used in this maximum price regulation the term:

"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, seafood, or fillets which are wrapped in cellophane.

"Container" means a box, barrel, carton or crate, of wood, paper, metal or other substance used for packing fish. (Amdt. 1)

"Drawn fish" means fish from which the viscera or entrails have been removed, with the head left on. "Dressed" means fish from which the viscera and head have been removed.

Established place of doing business" means the plant where the producer or wholesaler handles and distributes fresh fish or seafood.

"Fillet" means the heavily meated section or strip of fish cut from along the backbone and outside the rib bones, extending from the nape and gills to the tail, or portions thereof. (Amdt. 1) "Gutted" means fish from which the viscera or entrails have been removed, with the head left on. "Headed" means fish from which the head has been removed.

"Headless" means shellfish from which the head has been removed.

(Amdt. 8)

"Headless and veined" means shellfish from which the head and alimentary canal (sand vein) have been removed. (Amdt. 8)

"Head-on" means shellfish as it comes from the water. (Amdt. 8)

"Layer pack" means fish which have been placed in a container in layers that are divided by sheets of paper. New York City" means the five boroughs of New York City and an area along the New Jersey shore of the Hudson River opposite Manhattan, and includes the area supervised by the Port of New York Authority. "Parchment wrapped" means fish or fillets individually wrapped in parchment paper.

"Peeled" means shellfish from which the head and shell have been removed. (Amdt. 8)

"Peeled and veined" means shellfish from which the head, shell, and alimentary canal (sand vein) have been removed. (Amdt. 8)

"Person" includes any individual, corporation, partnership, association, or other organized group of persons, legal successor or representative of any of the foregoing, and includes the United States, any agency thereof, or other government, or any of its political subdivisions, and any agency of the foregoing: Provided, That no punishment provided by this regulation shall apply to the United States or to any such government, political subdivision, or agency.

"Price per pound" means the price for 16 net ounces of fresh fish or seafood.

"Price per ton" means the price for 2,000 net pounds of fresh fish or seafood.

"Producer" means the fisherman and those persons allied with him in the catching and landing of fresh fish or seafood, and includes any person who sells or delivers at a port of entry or at any other place fresh fish or seafood which he bought and received on a vessel owned or hired by him. (Amdt. 17.) "Retail chain store warehouse" means the receiving point for a unit of chain stores owned by one person. "Round" fish or seafood means fish or seafood as it comes from the water. (Amdt.

"Seine caught" means fish caught by gear other than hook and line. "Troll caught" means fish caught by hook and line in ocean waters.

25.)

Unless the content otherwise requires, the definitions set forth in section 302 of the Emergency Price Control Act of 1942 shall apply to other terms used herein,

ARTICLE IV-Maximum Prices and Container Prices.

Section 19. Schedule of container prices. When the seller packs or repacks fish in containers and sells the fish in those containers, he may add the appropriate container prices set forth in this section to the maximum prices for bulk and seafood listed in Tables B, C, D and E. Any seller may also add the amount of container charge paid by him when he purchased the fish, but no more than 1 cents. If the seller sells in the same package in which he purchased, he may add only the latter charge. For any size containers not listed in this section, take the nearest size for which provision is made.

Any seller who fresh processes fresh fish and seafood which he purchased in containers may add to his selling price for the fresh processed fish as container charges that amount, not exceeding 34, which will enable him to recover the full amount of the container charge paid by him when he purchased the fish involved in the fresh processing. (Amdts. 9, 16.)

When cellophane wrapped, add an additional cent per pound. Size container (pounds)

5

10

15

20

50

75

Cents per pound

Size container (pounds)

Cents per pound

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Section 20. Tables of maximum prices for producers and wholesalers.

The tables in section 20 of this regulation list maximum prices by months for sales for producers and wholesalers of different species of fresh fish and seafood according to various sizes and styles of dressing. For any fresh fish listed in this section that is sold in a style of dressing not listed in the section, the maximum price shall be the price listed for the lowest priced style of dressing for the particular species. For any fresh seafood listed in this section that is sold in a style of dressing not listed in the section for the particular seafood, the maximum price shall be the price listed for the lowest priced style of dressing for any seafood. For any fresh fish or seafood listed in this section that is sold in a size not listed in the section, the maximum price shall be the price listed for the lowest priced size for the particular species. For the purposes of this section round is to be considered a style of dressing. (Amdts. 4, 25.)

(a) The Regional Administrator for Region VIII may by order fix maximum prices for all types of sales of fresh fish or seafood, for which a maximum price has not been established in this Maximum Price Regulation No. 418: Provided, That: (1) During the year preceding the issuance of the order, substantially all of such fish or seafood which was consumed in the United States entered the United States at or was produced within Region VIII; (2) substantially all of, such fish or seafood during the year preceding the issuance of the order was consumed within Region VIII; and (3) the maximum price fixed by the order for each type of sale of such fish or seafood does not exceed the 1942 weighted average price for that type of sale of such fish or seafood: Provided. That such price is otherwise in accord with the provisions of the Emergency Price Control Act of 1942, as amended, Executive Order No. 9250 and Executive Order No. 9328.

The Regional Administrator for Region VIII shall issue with each order an opinion setting out the above circumstances. Each order shall provide such allowances and deductions of general applicability as are provided in Maximum Price Regulation No. 418. All of the other provisions of general applicability in Maximum Price Regulation No. 418 shall be incorporated in each order. Any order issued pursuant to this section shall apply to the area designated by the Regional Administrator, but in no event shall the order extend beyond the limits of Region VIII. (Amdts. 20, 22.

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TABLE A MAXIMUM PRICES FOR PRODUCERS OF FRESH FISH AND SEAFOOD
Price in cents per pound for bulk ex-vessel--Boxed prices are 1 cent per pound higher

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Sched.

TABLE A -- MAXIMUM PRICES FOR PRODUCERS OF FRESH FISH AND SEAFOOD (Cont'd)
Price in cents per pound for bulk ex-vessel--Boxed prices are 1 cent per pound higher

No.

Species

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3-3/4 Oct-Mar

Sole, gray 1/
Sole, lemon

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Whiting

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Wolffish

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Scallops, sea

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Scallops, bay

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Swordfish

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Cod, true

(Pacific Coast) 1

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2

Dressed

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$1.75

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TABLE A -- MAXIMUM PRICES FOR PRODUCERS OF FRESH FISH AND SEAFOOD (Cont'd)
Price in cents per pound for bulk ex-vessel--Boxed prices are 1 cent per pound higher

Item
No.

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1

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13 inches
& over

11 to 13 in.

All

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Rex2

1

"

Sand 26/

42

Turbo t26/

1

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1

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Tuna (Pacific Coast)

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⚫44

Yellowfin29/

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*45

Bluefin29

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•46

Skipjack (striped);

29

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*47

48

*49

*50

61

Bonita (Pac. Coast)29

Yellowtail (Pac. Coast

Pilchards (per ton)18
" (when sold for
bait only)18/

51-60 (See Tables B - E)
Shrimp & prawn (per
210 ib. barrel)28/33/

63524号 時の

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1/ Add 1 cent per pound when landed ex-vessel in New York City (codfish and haddock only). Any seller other than the producer, who fresh processes this species landed ex-vessel in New York City, may add to his selling prices that amount which will recover the full amount of the addition paid for the particular lot of fish involved in the processing. (Amdt. 14)

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Prices apply only when landed ex-vessel in ports of entry in Washington and Oregon.

Deduct 1 cents when landed ex-vessel in any U. S. port of entry except Seattle and Astoria and the following amounts when landed ex-vessel in the following Alaskan ports of entry: Ketchikan 14; Wrangell and Petersburg 1-3/44: Juneau, Sitka and Pelican City, 24; and Port Williams 24. Landed ex-vessel in any other port of entry in Alaska deduct amount specified for the nearest port of entry. (Amdts. 1, 7.) 4/ Deduct the following amounts when landed ex-vessel in the following Alaskan ports of entry: Ketchikan 1: Wrangell and Petersburg 1-3/44; Juneau, Sitka and Pelican City, 24; and Port Williams 2. Landed ex-vessel in any other port of entry in Alaska deduct amount specified for the nearest port of entry. (And t. 1)

5/ Apply when delivered ex-vessel Neah Bay; Fishing Grounds of Juan de Fuca Strait; Puget Sound, and all other waters in or adjoining the State of Washington except the Columbia River. (Amdt. 5.)

6/ Apply only when delivered ex-vessel Neah Bay, and the fishing grounds of all waters of Oregon and Washington.

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