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the provisions of the Second Revised Maximum Export Price Regulation issued by the Office of Price Administration.

Article II-Record Keeping and
Enforcement

SEC. 16.. Records and reports.

(a) Every person making a sale subject to this regulation and every person in the course of trade or business making a purchase of fresh fish or seafood subject to this regulation, or otherwise dealing therein, after July 12, 1943, shall keep for inspection by the Office of Price Administration, for so long as the Emergency Price Control Act of 1942, as amended, remains in effect, accurate records of each such purchase or sale, showing the date thereof, the name and address of the buyer and of the seller, the price contracted for or received, the quantity, species, size, grade, style of dressing of pack of fresh fish or seafood, and the container type and size, and indicating that the fish or seafood is fresh. (Andt. 25)

(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; a 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. 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. If the seller fails to note on the statement that the fish or seafood is fresh, and if a price is listed in Maximum Price Regulation No. 364 for the species in the particular style of dressing or processing sold, the maximum price which may be charged for the fish or seafood involved in the sale is the lower of the prices listed in Maximum Price Regulation No. 364 and this Maximum Price Regulation No. 418: Provided, That this paragraph shall not apply to any sales made at prices listed in Table A in section 20. (Amdts. 4. 16, 25. & 30)

(d) Authorization to regional offices to modify invoice provisions. Any Regional Administrator of the Office of Price Administration may, by order, alter, modify or suspend any of the requirements in paragraph (c) of this section if in his judgment such action is necessary in order that fish may be marketed efficiently within his jurisdiction

and is consistent with the effective enforcement of this Maximum Price Regulation No. 418. The Regional Administrator may alter, modify or suspend such requirements with reference to such types of sales and such localities within his jurisdiction as he may designate, but only in the case where the buyer and seller are both located within his jurisdiction. He may make such provisions for posting the items required in paragraph (c) as in his judgment are necessary to prevent the circumvention or evasion of this regulation. The Regional Administrator may issue such order on his own initiative or upon application for adjustment of the requirements in paragraph (c) by any person subject to them. Subpart B of Revised Procedural Regulation No. 1 shall apply to such applications for adjustment. (Amdt, 32)

e) Every primary fish shipper wholesalei 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 thereto the count and net weight of the shrimp and/or prawn within the container and the name and address of the shipper, And ts, 16 & 32)

SEC. 10 Evasion. (a) The price limitations set forth in this Regulation shall not be evaded, either by direct or indirect methods, in connection with an Bffer, solicitation, agreement, sale, delivery, purchase or receipt of, or relating to fresh fish or seafood separately or in combination with any other commodity dr 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 produoer 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 spe

cific allowance has not been provided in this Maximum Price Regulation No. 418. (Amdt. 26)

SEC. 17. Enforcement. 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.

SEC. 17a Licensing. The provisions of Licensing Order No. 1, licensing all persons who make sales under price control, are applicable to all sellers subject to this regulation. A seller's license may be suspended for violations of the license or of one or more applicable price schedules or regulations. A person whose license is suspended may not, during the period of suspension, make any sale for which his license has been suspended. (Lic. Ord. No. 1)

Article III-Miscellaneous Provisions Buc. 18. 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 in the region where the petitioner resides.

Bec. 19. 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 Offfee 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 authoration 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.

SEC. 20. General definitions. when used in this maximum price regulation the term:

"Savoy Allet" means two single fiets which are held together as a single unit by leaving intact the belly wall of the Bik "Cellophane wrapped" means fish, seafood, or Allets which are wrapped in cellophane.

"Center cut" or "Cut-center" means a cross section cut (not a head cut or tail cut) from the middle portion of and not exceeding 3 the length of the dressed fish. (Andt. 28)

"Container" means a box, barrel, car-' ton 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 head and viscera have been removed or any portion of such fish, not otherwise designated. (Amdt. 28)

Established place of doing business" means the plant where the producer or whole-. saler 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)

Grade" means any qualification of the name of the fish or seafood listed in the tables in section 22. (Amdt. 32)

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

"Head cut" or "Cut-head" ineans a cross section cut from the head end of the dressed fish. (Amdt, 28)

"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. (Andt. 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.

(Andt. 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, agency.

or

"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... (Amat. 25)

"Saddles" means the pectoral fins and the connecting cartilaginous strip of a rajafish. (Amdt, 30)

"Seine caught" means fish caught by gear other than hook and line.

"Steak" or "Slice" means a cross section cut from the dressed fish after the tail, fins and collar bone (nape bone) have been removed which does not exceed in thickness its largest diameter or

SEC 22 Taoles of maximum prices for producers and wholesalers. The tables in section 22 of this regulation list maximum prices by months for sales by 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

4 inches, whichever is smaller. (Andt.28) shall be the price listed for the lowest

"Tail cut" or "Cut-tail" means a cross section cut from the tail end of the (Andt, 28) dressed fish,

Iroli caught" means fish caught by hook and line in ocean waters.

"Wings" means the pectoral fins of a. rajafish. (Amdt. 30)

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

SEC. 21. Container allowances.

(a) A wholesaler who sells fresh fish or seafood in a container may add as part of his maximum selling price the applicable container allowance listed in this section but only if he records it on an invoice to the buyer and only if the container becomes the property of the buyer. In no case may a wholesaler add a container allowance if the container is returned to him.

(b) If a wholesaler processes fresh fish into steaks, fillets or boned fish, or if a wholesaler sells custom dressed fish to a purveyor of meals and such wholesaler paid a container allowance permitted in this section, he may add as part of his maximum selling price an amount which will enable him to recover the permitted container allowance paid by him when he purchased the fish involved in the processing but no more than 3 cents in the case of sales of fillets or boned fish and no more than 2 cents in the case of sales of steaks and sales of custom dressed fish to purveyors of meals.

A purchasing wholesaler or subsequent wholesaler of such steaks, fillets or boned fish may pass on to his customer as part of his maximum selling price any container allowance authorized by this paragraph (b) which he paid.

(c) Container prices.

Net weight of fish

or seafood

5

10.

15

20

50

75

100

150

200

250

300

Cents per pound for container

134

11/2

1

1

112

114

1

3/4

5/8

1/2

1/2

For any net weight not listed in this section, take the nearest net weight for which provision is made.

For any net weight falling equally between two listed net weights, take the net weight with the lower allowance. When fish or seafood is cellophane wrapped, add an additional 4 cent per pound.. (Amdts, 9, 16, 32, & 33)

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, Exécutive 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.

(Amḍts. 20 & 22)

TABLE A

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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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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 Style of
No. dressing

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Round

Size

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Under 9 count per
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$32.00

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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)

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

Deduct 1 cents when landed ex-vessel in any port in Washington and Oregon other than Seattle and Astoria and the following amounts when landed ex-vessel in the following Alaskan ports: Ketchikan, 1 cents; Wrangell and Petersburg, 1 cents; Juneau, Sitka, and Pelican City, 2 cents; and Port Williams, 2 cents. 14

When landed ex-vessel in any other port in Alaska deduct the amount specified for the nearest port listed. (Amdts. 1, 7, and 32)

4/ Deduct the following amounts when landed ex-vessel in the following Alaskan ports of entry: Ketchikan, 1 cents; Wrangell and Petersburg, 14 cents; Juneau, Sitka, and Pelican City, 2 cents; and Port Williams, 2 cents. Landed ex-vessel in any other port of entry in Alaska deduct amount specified for the nearest port of entry. (Amdt. 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.

Apply only when caught in the Columbia River.

Apply only when caught in bays, streams, and rivers and adjoining waters in Oregon and California other than the Columbia and Sacramento Rivers. (Amdt. 5)

18/Apply only when landed ex-vessel in ports of entry in California. To the price in Schedule No. 49 $1.00 per ton may be added on sales of pilchards delivered to Benecia, Martinez, and Moss Landing, and $1.50 to Pittsburgh. (Amd ts. 2 and 3)

23/Apply only when delivered ex-vessel Neah Bay, Fishing Grounds of Juan de Fuca Strait, Puget Sound, and streams tributary to Puget Sound. (Amdt. 7)

24/Apply only when delivered ex-vessel anywhere in Washington or Oregon other than the Columbia River, Neah Bay, Fishing Grounds of Juan de Fuca Strait, Puget Sound and streams tributary to Puget Sound. (Amdt. 7)

25/Apply only when caught in the Sacramento River. (Amdt. 7)

/Deduct when landed ex-vessel in following ports of entry in California: Half Moon Bay, Point Reyes, Bodega Bay, Crescent City, and Trinidad, 1 cent; and Shelter Cover, 2 cents. (Amdt. 7)

28/When sold per pound, divide price by 210. (Amdt. 8)

/On sales in California to other than canners 2 cents per pound may be added to the listed price. (Amd ts. 8 and 12)

31/The maximum prices listed for this species of fish apply only to fish caught in Lakes Superior, Michigan, and Huron, and waters tributary there to, but not in Saginaw Bay, except that the maximum prices for Bluefin lake herring, weighing one pound or more in the round and caught in Green Bay, are the prices listed in Schedule No. 63. (Amdts. 13 and 17)

33/When a producer delivers head-on shrimp from a port of entry to New Orleans, La., add the actual cost of such transportation, not to exceed $1.50 per barrel (210#) of head-on shrimp, to the maximum prices listed. (Amdt. 17)

When

38/When landed in the following Alaskan ports deduct the following amounts: Ketchikan, 34 cents; Wrangell and Petersburg, 3 cents; Juneau, Sitka, and Pelican City, 3 cents; Port Williams, 4 cents. landed in any other ports in Alaska, deduct the amount specified for the nearest port listed. Deduct 2 cents in American currency for sales of halibut landed on the Pacific Coast of Canada. For sales of dressed halibut landed on the Atlantic Coast add 2 cents.

For sales of round halibut deduct 5
For sales of drawn halibut deduct 1

cents from the appropriate dressed price.
cents from the appropriate dressed price. (Amdts. 29 and 31)

MAXIMUM PRICES FOR SALES OF FRESH FISH AND SEAFOOD (OTHER THAN PRODUCER AND RETAIL)*
Prices in Cents Per Pound

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