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of Delivery, or at the option of FSCC f.o.b. trucks or storage at the point previously approved by FSCC and indicated on the Tender of Delivery. However, if the FSCC fails to furnish shipping instructions within the period provided in the offer, the vendor, at its option, may at its own expense place the fish in a public warehouse approved by the FSCC for the account of the FSCC, and shall immediately furnish appropriate public warehouse receipts to FSCC indicating that the delivery has been made to the designated warehouse. The date of such receipt constitutes the date of delivery. If ceiling prices at any time prior to the end of the stipulated delivery period become unsatisfactory to seller, the FSCC agrees, upon seller's written request to extend seller an additional sixty (60) days in which to make further tender of delivery.
4. TENDER OF DELIVERY: On a form to be supplied to seller by the FSCC, "Notice of Tender of Delivery, seller shall indicate the availability for delivery. Nothing inserted or included in this form shall be construed as amending or altering the terms and conditions of the contract. Seller may withdraw his "Notice of Tender of Delivery" by notice in writing received by FSCC prior to the date of shipment or delivery.
5. RECORDS: For the purpose of determining total pack if seller exercises option under (1) above, FSCC shall have the right at any time to examine seller's books, records, accounts, papers and correspondence and such books, records, accounts, papers and correspondence shall be made available to FSCC upon request.
6. STANDARD CONTRACT CONDITIONS:
Seller agrees to comply with Standard Contract Conditions, Form FDA474, except that conditions 6, 7, and 8 shall not apply.
7. ASSIGNMENT: The contract may be assigned by purchaser at any time, in whole or in part, to any department or agency of the United States and may be reassigned by any such assignee to any other such department or agency. The assignor will notify seller promptly of any such assignment. After the receipt of such notice, seller shall have no further recourse to purchaser except as to that portion of the contract which has not been assigned or which has been performed prior to assignment.
PRICES OF CANNED MAINE SARDINES CHANGED
Processors' maximum prices on Maine sardines were changed March 15 by the Office of Price Administration from an f.o.b. Portland base to prices f.o.b. the railroad shipping point nearest the cannery. To make this change base prices were reduced by four cents per case. No change in retail prices should result from the action, which became effective March 20, 1944.
In the original MPR-184--Maine Sardines-seven cents per case was added to the base prices to cover transportation from the outlying canneries to Portland. The new bases in Amendment 4 to MPR-184, including an allowance of three cents per case to cover transportation costs from the canneries to the nearest railhead, were established at the request of the industry and of the War Food Administration.
Excerpts from Amdt. 4 to MPR-184 follow:
Section 1364.112(a) is amended to read as follows:
(a) The prices set forth below are maximum prices per case for Maine sardines, f.o.b. the railroad snipping point nearest the cannery. The maximum prices are gross prices before the deduction of any discounts.
OPA'S POINT LOAN PLAN FOR CANNED FISH INVENTORIES EXPIRES MAY 1
Wholesalers of canned fish who wish to borrow points to build up their inventory must file their application (OPA Form R 315) for a point loan by April 1, the Office of Price Administration said March 13. Under a plan announced last August, OPA has been lending points to eligible canned fish wholesalers who wish to buy and store this product. This point loan arrangement, designed to encourage maximum production by canners by permitting their output to move speedily into the warehouses of wholesalers, expires May 1. In order to have sufficient time to grant loans before this deadline, OPA set April 1 as the last day on which applications for a loan would be received. OPA said that announcement would be made later as to whether there will be a canned fish point loan arrangement for the 1944-45
NO CHANGE IN CANNED FISH POINT VALUES FOR MARCH
Consumer point values covering sales of canned fish which became effective March 5, are identical to those in effect during the month of February (Fishery Market News, February, page 36). All items listed continue at 12 points per pound, except oysters which retain a value of 4 points. Point values effective March 5 are included in Official OPA Table No. 12.
RATION POINT VALUES CHANGED FOR APRIL
The OPA on March 31 announced changes in the ration point values for canned fish, effective April 2. Canned mackerel and sardines, including pilchards, and "all canned products containing more than 20 percent of bonito, mackerel, oysters, salmon, sardines, shrimp, tuna, or yellowtail" were reduced 4 points from the old point value of 12 per pound to a new value of 8 points. Other items remain unchanged.
The War Food Administration on March 2 freed fish oil for use in the canning of salmon, and in the manufacture of vitamin-feeding oil for poultry provided it is fortified to 400 units of Vitamin D per gram. The use of fish oil for these purposes has been limited since November 1, 1943, to 100 percent of the quantity used in 1942.
Amendment 2 to FDO 60 also makes these changes:
1. It broadens tae limitation on Alaska seal oil to include all seal oil.
2. It restricts the use of fish oil in the manufacture of metallic soaps to water insoluble metallic soaps.
3. It contimes the reporting requirements insofar as the Bureau of the Census is concerned, and adds a requirement that consumers who use 4,000 pounds or more of fish oil in the calendar year and who are subject to quota limitations should report to the Office of Distribution, War Food Administration, Washington 25, D. C. (Ref. FDO-60) by April 1, their use of fish oil for specific end uses in the base period (1942). This requirement is included in the amendment so that allowable quotas may be determined and better compliance may be obtained.
4. The definition of fish oil is changed to "Pacific Coast herring oil" instead of "Alaska
Persons who desire to use fish oil for essential purposes not covered by the order, or persons who have used up their quota and have military orders where the use of fish oil is mandatory (by specification or by physical qualification of specification) may apply on Form FDA-478, available at regional offices of the Office of Distribution.
Excerpts from Amdt. 2 follow:
tions. (1) "Fish oil" means oil, other than oil produced solely from the livers or viscera of fish or marine animals, produced by the reduction of the whole or any part of any fish or marine animal of the following species, commonly known as: California sardine or Pacific Coast pilchard (Sardina caerulea), menhaden (Brevoortia tyrannus), Pacific Coast herring (Clupea pallasii), West Coast mackerel (Scomber diego), Tuna and tuna-like fish, salmon (Genus: Oncorhynchus), rose fish (Sebastes marinus), and seal. The term shall inIclude all such oil, whether crude, refined, pressed, sulphonated or otherwise processed; and all the by-products and derivatives of such oil, including, but not limited to, foots, stearine, and fatty acids, but excluding pitch.
(b) Restrictions on use and consumption. Except as provided for in paragraph (c) hereof, no person shall, in any manner, use or consume fish oil (other than in the production of fish oil as defined in paragraph (a) (1) hereof), or use or consume a product containing fish oil in a class of use listed in Schedules A or B of paragraph (c) hereof, unless and except as specifically authorized by the Director.
(c) Exceptions. Notwithstanding the provisions of paragraph (b) hereof, specific authorization by the Director shall not be required for:
(2) The use or consumption by any person, in any calendar quarter, of fish oil, or any product containing fish oil,
A quota established hereunder for one class of use may not be transferred to another class of use. For the purposes of this paragraph (c) (2), the term "fish oil" shall not include seal oil or Pacific Coast herring oil.
(5) The use or consumption by any person of any fish oil, other than seal oil, in the manufacture of water insoluble metallic soaps, lubricants, or metal working compounds, other than core oils.
(6) The use or consumption by any person of fish oil, other than seal oil or Pacific Coast herring oil, in the manufacture of vitamin feeding oil to be used for feeding poultry, if such vitamin feeding oil is fortified, by such person, to con
tain not less than 400 A. O. A. C. units of Vitamin D per gram of oil without regard to the fish-oil content of such oil.
(7) The use or consumption by any person of salmon oil in the manufacture of canned salmon.
(g) Records and reports.
(2) Every person who used or consumed more than 4,000 pounds of fish ofl, including the fish oil contained in any product, in the calendar year of 1942. in the classes of use set forth in Schedule A of paragraph (c) (1) hereof, shall on or before April 1, 1944, report to the Director, by letter, the amount of fish oil (including the amount of fish oil contained in any product) used or consumed by him in each class of use set forth in said Schedule A, in the calendar year of 1942.
(3) Every person who used or consumed more than 4,000 pounds of fish oil, including the fish oil contained in any product, in the calendar year of 1942, in the classes of use set forth in Schedule B of paragraph (c) (2) hereof, shall on or before April 1, 1944, report to the Director, by letter, the amount of fish oil (including the amount of fish oil contained in any product) used or consumed by him in each class of use set forth in said Schedule B, in each calendar quarter of the calendar year of 1942.
CRUDE FISH OIL ORDER REVOKED
The War Food Administration, effective March 1, 1944, terminated Food Distribution Order No. 59 which required producers of crude fish oil to set aside a part of their production for Government purchase. The order had been in effect since July 1, 1943.
Under FDO No. 59, producers have been setting aside for WFA purchase the 2nd, 6th and every 6th tank car (60,000 pounds) of fish oil thereafter from their 1943-44 output.
FDO NO. 60 ON FISH OIL CLARIFIED
Food Distribution Order No. 60 was issued on June 30, 1943, to conserve and distribute among manufacturers of essential products the supply of fish oils pressed from California sardine, Oregon and Washington pilchard, menhaden, Alaska herring, West Coast mackerel, tuna, and salmon.
Amendment No. 1, issued November 1, 1943, included rosefish and Alaska seal oils, as well as oil from tuna-like fish, and permitted unlimited use of Alaska herring and Alaska seal oils in the manufacture of natural leather. It also permitted the unlimited use of fish oil or its derivatives except Alaska herring or Alaska seal oil in alkyd resins, metallic soaps, and rubber compounding, but limited its use in the manufacture of some other products.
Amendment No. 2, issued March 3, 1944, now includes all Pacific Coast herring oil, as well as all seal oil, in the definition of fish oil. It permits the unlimited use of specified fish oil in vitamin feeding oil for poultry providing such oil is fortified to 400 A.0.A.C. units of Vitamin D per gram.
This statement, prepared for general distribution, is intended to supply the answers to many of the questions raised by the industry. For additional information, write to the Director of Food Distribution, Office of Distribution, War Food Administration, Washington 25, D. C., Ref. FDO 60.
Q. Under Food Distribution Order No. 60, Amendment No. 2 at what stage in the manufacture of vitamin feeding oil should a manufacturer consider that he has used fish oil?
A. A manufacturer has used fish oil when he performs the first operation which changes the biological characteristics of the fish oil.
2. Q. May a manufacturer of vitamin oil for purposes other than feeding oil for poultry use fish oil as a "wash oil" or "stripping oil" without restriction?
A. No. He must apply for specific authorization to the Director of Food Distribution on Form
3. Q. Are there any restrictions on delivery of fish oil?
Compliance with the order is the responsibility of the user or consumer of fish oil.
4. Q. Must Form FDA-477 be used in addition to FDA-478?
5. Q. Are fish liver oils subject to restriction under FDO No. 60 as amended?
6. Q. May a person use fish oil for purposes not specifically permitted in FDO No. 60 as amended?
A. Only if he is specifically authorized to do so by the Director of Food Distribution.
Q. Must a ship chandler or other distributor apply on Form FDA-478 for authorization to deliver fish oil?
A. No. There are no restrictions on delivery.
8. Q. Are insulating varnishes considered protective coatings under FDO No. 60 as amended? A. No.
9. Q. Is "Gurry oil" subject to provisions of the order as amended?
10. Q. Are fish liver oil fatty acids subject to the order as amended?
11. Q. Are processed fish oils or fish oil derivatives subject to the order as amended? A. Yes.
WFA SELLS SURPLUS FISH OIL
In Announcement FSC-1862, dated March 1, the Office of Distribution (War Food Administration) set forth the terms and conditions governing the sale of crude fish oil (menhaden, sardine or pilchard, and Alaska herring) in bulk. This fish oil is that portion of oil acquired under FDO-59, produced during the 1943-44 season. Excerpts follow:
TERMS AND CONDITIONS
The following terms and provisions of this announcement shall become a part of the offer to purchase, and upon acceptance by the FSCC, the offer and acceptance shall constitute a valid and binding contract.
SPECIFICATIONS: All fish oil is sold "as is" except that a pro rata price adjustment will be made for excess moisture and impurities. As to these items the oil is sold on the basis of one (1) percent moisture and impurities combined.
The oil offered for sale was acquired by the FSCC subject to the following specifications: (1) MENHADEN:
Maximum of five (5) percent free fatty acids, basis one (1) percent moisture and impurities combined with pro rata allowance for excess over one (1) percent. (?) PACIFIC COAST HERRING, PILCHARD OR SARDINE: Maximum of two (2) percent free fatty acids, basis one (1) percent moisture and impurities combined with pro rata allowance for excess over one (1) percent.
DELIVERY: Immediate delivery to be made upon receipt of payment by cashier's or certified check, payable to the order of the "Treasurer of the United States." Delivery to be made in buyer's tank car or other conveying equipment f.o.b. FSCC storage.
INSPECTION: A commodity inspection certificate issued by the Office of Distribution, War Food Administration, at FSCC expense, covering the quality of oil in each tank car or other delivery container shall be furnished to the buyer by FSCC. Such certificate shall include a statement of the quantity (weight) of oil covered, thereby and shall be final and conclusive as to quality and quantity of oil delivered.
(1) MENHADEN, PACIFIC COAST SARDINE OR PILCHARD: OPA ceiling prices f.o.b. producer's plant,
(2) PACIFIC COAST HERRING: OPA ceiling price, f.o.b. dock Seattle, Washington, plus additional
"FEEDING OILS" NO LONGER COVERED BY M-373
Acting to free feeding oils of less than 6000 U.S.P. units of Vitamin A per gram from the restrictions of Allocation Order M-373, the War Production Board on March 23 issued a revision of that order. The revised regulation adds "feeding oils" to the items specifically excluded from coverage and defines these oils as follows:
"Feeding oils" means oils or blends or admixtures of oils containing not more than 6000 U.S.P. units of Vitamin A per gram, irrespective of the Vitamin D content, used in animal or poultry feeds or feeding. The term shall include only those oils, blends or admixtures of this description which were manufactured before February 28, 1944, or were manufactured from Vitamin A within the quota for the February 28 to March 31, 1944, period, or were subsequently manufactured from Vitamin A specifically allocated for this purpose or available for this purpose under the small order exemption. Any person buying feeding oils for animal or poultry feeds or feeding, or for resale for this purpose, may assume that such oils are not Vitamin A subject to this order.
The change in M-373 does not effect the operation of other vitamin oil regulations issued by the WPB, the OPA, and the WFA.
ICC RULES ON OIL SHIPMENT RATES
As a result of hearings held by the Interstate Commerce Commission in Washington, D. C., on Investigation and Suspension Dockets 5241, 5243 and 5248, the ICC on March 31, issued decisions covering the rates, charges, regulations, or practices under question.
In the case of I & S Docket 5241, covering rail charges for transcontinental shipments of fish liver oils (both carload and LCL), the Commission found that the proposed schedules were not just and reasonable in certain instances. They therefore ordered that the objectionable schedules be canceled on or before May 9, 1944.
In regard to I & S Dockets 5243 and 5248, which covered transcontinental shipments of fish livers in carloads, the Commission found that the proposed schedules were just and