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Schedulo

Name No.

Common 65 Salmon, chinook or

king (seine caught)

(

Pacific 66.. Salmon, steelhead

Pacific 67 .. Sole, rex - Pacific

Salmo gairdnerii

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caught in Saginaw Bay

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Round
Dressed
Round
Dressed and

skinned
Round
Gutted
Headed & gutted

gutted,
and scaled
Fillets
Boned
Round
Gutted
Headed & gutted

, gutted,
and scaled
Fillets
Boned
round or gutted Under 4 lbs.

4 lbs.& over..
Fillets

All
Round
Gutted
Round or gutted
Fillets
Round or gutted
Headless and

gutted ....
Fillets
Round
Fillets

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75 .. Pickerel - Canadian Esox lucius

Round (Jacks, Great North

Headless and ern pike ,85 grass

gutted 2018

3 Fillets

.16 76.. Sauger - Canadian Stizostedion canadense .. 1 Round (Sand pike 678

2 Headless and

gutted 3 Fillets

.23 77 Yellow perch Can, Perca flavescens

1 Round 6/7/8/ 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, het cents per pound may be added to the listed prices. (And ts. 4.& 5) 2. When frozen in scallop bags, deduct 2 cents per pound. (Amdt. 2)

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 be

fore October 20, 1943. (And ts. 6 and 8) 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. (And ts, 6 and 8) 5) Apply only to fish caught in Lakes Superior, Michigan, and Huron, and waters tributary thereto, except

Saginaw Bay. (Amd t. 8) 6/ These prices apply to this species caught or landed in Canada except that they do not apply to fish

caught in Lakes Superior, Huron, Ontario, or Erie. (Amd ts. 13 and 19) 7 1 To these prices may be added duty. Any person who processes this species may add to his selling price

an amount which will recover the full amount of duty which he paid for the particular lot of fish involved in the processing. (Amd t. 13)

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8] All fish of this species frozen before April 3, 1944, may be sold at the maximum prices fixed by the General Maximum Price Regulation until April 18, 1944. (Amdt. 13)

, () 9 The processor shall deduct 32 cents from the base price if he does not either wash and repack the

smelts in layers or wash and individually freeze the smelts. (Ardt. 15) 10 The base prices listed for halibut apply to frozen halibut landed or frozen on the Pacific Coast of

the United States. For frozen halibut landed or frozen in Canada or Alaska, deduct the following amounts from the listed prices: Deductions

Deductions Style of dressing

Conts
Style of dressing

Cents
Dressed

Round

2 34

2 Fillets

4 For frozen balibut landed or frozen on the Atlantic Coast of the United States, add } cent to the

listed prices. (Amd ts, 16 and 19) 11 The base price listed for these fillets apply only if they are wrapped and marked as gray sole or

lemon sole, whichever is the case; otherwise the applicable base price is that listed for Item No. 2 of Schedule No. 11 (c), Dab (Yellowtail). (Andt, 16)

Steaks

Drawa

OPA FISH ADVISORY COMMITC

Appointment of a Fresh and Frozen Fish Industry Advisory Committee, which includes eastern, southern, mid-western and western representatives of the industry, as well as all segments of the trade, has been announced by the Office of Price Administration. The committee will work with OPA on all problems involved in price control for fresh and frozen fish and seafood.

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MPR-439.-FRESH TISH AND SEAFOOD--AND AMENDMENTS 1 TO 6

This conåensation of the text and tables of MPR-439 and the amendments through July 31, 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

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

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

5 Nov, 1,

Nov. 6,
2
Aug. 20,
Aug. 20,

6 Dec, 20,

Dec. 27, 3 - Sept.15,

Sept. 21,
(Document No. 19189, ARTICLE II-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.

37. 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). In the judgment of the Price Admin- 15. Petitions for amendment.

32. Salmon, Sockeye (Blueback) (Pacific

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

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

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

Article 1-Purpose and Scope of

seine caught (Oncorhynchus tschawytand Executive Orders Nos. 9250 and

scha).

Regulation 9328, that maximum prices be established

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

mo gaird, nerii) and seafood. This regulation fixes the maximum retail 36. Sole, Dover (Pacific coast).

35. Smelt, Silver (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 filled 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 platessoides). canadense) (Caught in Canadian waters) 6. Yellow tall (Limanda ferruginea).

54. Yellow Perch (Perca flavescens)
food at Retail), which is annexed hereto
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 Pub. 9. Hake, mud (Urophycis species).

68. Lake herring (Leucichthys artedi). (Andt. 3,5) Laws 421 and 720, 77th Cong.; E.O. 9250, 7 10. 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 13. Sole, Gray (Glyptocephalus crnoglossus) food. (a) Every retailer, in order to AND SEAFOOD AT RETAIL

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. Wolfish (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 maximụm 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. Hallbut (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 over

elongatus). retaller'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. 10. Relation to other regulations. 27. 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) troll sale during the period July 5 to July 10, Price Administration.

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 eatfish 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). ard seafood from one or more central ceiling prices fixed by this regulation in

person may, during any month, use the (c) Any retailer who did not offer for warehouses, they shall be permitted to

selling to eating places if 80 percent or sale any species of fish or seafood listed include in their net cost the actual servin 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

month were retail sales to consumers, 10, 1943, inclusive, or who cannot price fresh fish and seafood commodities covhis fresh fish and seafood commodities ered by this regulation once every week.

that is, to persons who buy the fresh fish

and seafood to be eaten by themselves or under section 3 (a) or (b) hereof shall This calculation shall be made on Thursfile 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 Revised ting forth the reason why pricing can- be included. (Amd 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 Any district office of the Office of Price can be easily read by customers or pros

Article 11-Record Keeping and Enforce

ment Administration may establish maximum pective customers. Such list must conmark-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 sold.

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. (Amitt. 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 (1)

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

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

dollars-ard-cents each of the above-mentioned species in purchase involved. No retailer may com- prices are fixed, the retailer ray 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

fcrm 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 price for the sale of such fresh fish or 194, to the Territory of Alaska. (Amdto 12 ) proval of the Bureau of the Budget in acseafood by a primary fish shipper whole- Sec. 9 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 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 price 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 resteaks, slices, Allets. 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

gross weight basis and processed at the SEC. 13. Enforcement. On and after later be required to register. The license order of the customer without added

. 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 provisions of this regulation are approved by

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

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

Article 111-Miscellaneous Provisions

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

SEC. 15. Petitions for amendment. The licensing and registration provisions

Issued this 20th day of July 1943. 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-L'PS RECORD JULY 5-10, 1943, INCLUSIVE

(Cents-per-pound mark-up method)

*8 F.R. 4132, 5987, 7682.

*8 F.R. 3096, 3849, 4347, 4486, 4724, 4978, 4848, 6047, 6962; 8511, 9026.

*PR. 8961; 8 P.R. 3313, 3633, 6173. "

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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 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.

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