(5) "Freezer space" means any space in a refrigerated storage facility which can be maintained at a temperature of 29 degrees Fahrenheit, or lower. (6) "Restricted commodity" means any commodity designated by the Director not to be placed in a refrigerated storage facility. (7) "Excluded commodity" means any commodity designated by the Director not to be placed in freezer space. (8) "Limited-storage commodity" means any commodity designated by the Director which may be placed in freezer space, but not held there for a longer period of time than provided by this Order. (9) "Ceiling inventory commodity" means any commodity or group of commodities designated by the Director which may not be stored in a refrigerated storage facility in any greater total quantity than designated by the Director. (10) "Government agency" means (1) the Armed Services of the United States (excluding for the purpose of this order United States Army Post Exchanges, United States Navy Ships' Service Departments, and United States Marine Corps Post Exchanges); (ii) the War Food Administration (including, but not being restricted to, any corporate agency thereof); (iii) the War Shipping Administration; (iv) the Veterans' Administration; and (v) any other agency designated by the War Food Administrator. (11) "Storage month" means the period during which the monthly rate charged for the storage of each item or lot of commodities in storage is applicable. If an item or lot of commodities is stored on any basis other than monthly, the term "storage month" with respect to such item or lot of commodities shall mean the calendar month. (12) "Director" means the Director of Distribution, War Food Administration. (13) "Order Administrator" means the person designated by the Director to serve as Order Administrator pursuant to the provisions hereof. (14) "Deputy' Older Administrator" means the person designated by the Director co serve as Deputy Order Administrator pursuant to the provisions hereof. (b) Restrictions. No person shall, after the effective date of this order, unless specifically authorized by the Director: (1) Receive in storage or cause to be stored in a refrigerated storage facility, restricted commodities. (2) Cause to be retained in storage in a refrigerated storage facility, restricted commodities. (3) Hold, for a period in excess of seventy-two (72) hours from the time the reservation is made, storage space reserved by any person in a refrigerated storage facility, unless the person operating such facility is furnished with car numbers or copies of the bills of lading covering commodities which have been shipped to such facility by common carrier, o., when means of transportation other than common carrier are used, other adequate evidence that the commodities to be stored have been shipped or are otherwise enroute to such facility: Provided, That space may be held for the account of a Government agency for a period not to exceed seven (7) days from the date the reservation is made: Provided, further, That this paragraph (b) (3) shall not apply to the reservation of storage space for fruits and vegetables packed in the field and moving to the first refrigerated storage facility. (4) Receive in freezer space or cause to be received therein excluded commodities for freezing of storage. (5) Cause to be retained in freezer space, excluded commodities. (6) Cause to be retained in freezer space for a period in excess of ten (10) days, limited storage commodities. (7) Receive in storage in freezer space, or cause to be received therein, limited storage commodities which have previously been held in freezer space for a period of ten (10) days or more. (c) Restrictions as to length of storage. No person shall, unless specifically authorized by the Director, cause to be stored or retained in storage in a refrigerated storage facility or facilities, any commodity for a period or periods in excess of a total of ten (10) months, nor shall any person receive in such facility any commodity which has been stored in a refrigerated storage facility or facilities for a period or periods in excess of a total of ten (10) months: Provided, That this paragraph (c) shall not apply to the storage in a refrigerated storage facility by or for the account of a Government agency. (d) Restrictions as to ceiling inventories. No person operating a refrigerated storage facility shall, after September 15, 1944, unless specifically authorized by the Director, receive or retain in storage in such facility, ceiling inventory commodities in any greater total quantity than shall be designated by the Director. (e) Policy. It is hereby declared to be the policy of the War Food Administration that, so far as feasible, in adjusting his operations to comply with the limitation prescribed in paragraph (d), the person operating such facility shall give consideration to space occupied by such ceiling inventory commodities for the account of each person for whose account such commodities were stored in such facility during the preceding calendar year, to the end that an equitable division of available space may be made. (f) Exemption periods. Such time for initial compliance with any provision or requirement of thi: Order, or any amendment thereof, or of any Order issued by the Director, shall be allowed as the Director may designate: Provided, That all persons shall comply immediately with any provision or requirement as to which no such allowance of time for initial compliance shall be designated by the Director. (g) Permits. Upon application made to the Order Administrator, permits for the storage of commodities otherwise restricted, excluded, limited as to storage or subject to a ceiling inventory under this order may be issued. The Order Administrator may issue such permits consistent with the authority delegated to the Order Administrator by the Director, and when the issuing of such permits would be compatible with the purposes of this Order. Permits heretofore issued under War Food Orders No. 70 and No. 90 shall remain in effect until the expiration date stated in each such permit unless they shall be sooner terminated by the Order Administrator. (k) Petition for relief from hardship. Any person affected by this order who considers that compliance herewith would work an exceptional or unreasonable hardship on him may file a petition for relief with the Order Administrator. Such petition shall be addressed to Order Administrator, WFO 111, Marketing Facilities Branch, Office of Distribution, War Food Administration, Washington 25, D. C. Petition for such relief shall be in writing and shall set forth all pertinent facts and the nature of the relief sought. The Order Administrator may take any action with reference to such petition which is consistent with the authority delegated to him by the Director. If the petitioner is dissatisfied with the action taken by the Order Administrator on the petition, he shall obtain, by requesting the Order Administrator therefor, a review of such action by the Director. The Director may, after said review, take such action as he deems appropriate, and such action shall be final. The provisions of this paragraph (k) shall not be construed to deprive the Director of authority to consider originally any petition for relief from hardship submitted in accordance therewith. The Director may consider any such petition and take such action with reference thereto that he deems appropriate, and such action shall be final. (1) Notification. Every person operating a refrigerated storage facility shall: (1) Within forty-eight (48) hours after the storage of any commodities within such facility shall be in violation of any provision of this order, notify in writing of this fact the person for whose account commodities are stored, and shall request him to remove such commodities immediately from storage. (2) Not less than fifteen (15) days prior to the date of expiration with respect to any commodities of the ten (10) month period of storage permitted by paragraph (c), notify in writing the person for whose account such commodities are stored that he is required by this order to remove his commodities at the end of ten (10) months total storage in refrigerated storage facilities. (m) Violations. Any person who violates any provision of this order may, in accordance with the applicable procedure, be prohibited from receiving or using facilities subject to priority or allocation control pursuant to this order. In addition, any person who wilfully violates any provision of this order is guilty of a crime and may be prosecuted under any and all applicable laws. Further, civil action may be instituted to enforce any liability or duty created by, or to enjoin any violation of, any provision of this order. (n) Delegation of authority. The administration of this order and the powers vested in the War Food Administrator, in so far as such powers relate to the administration of this order, are hereby delegated to the Director. The Director is authorized to redelegate to any employee of the United States Department of Agriculture any or all of the authority vested in him by this order. order (p) Territorial extent. This shall apply only to the forty-eight (48) states of the United States, and the District of Columbia. (q) Effective date. This order shall become effective at 12:01 a. m., e. w. t., September 2, 1944. Issued this 31st day of August 1944. ASHLEY SELLERS, Assistant War Food Administrator. § 1470.6 Restricted, excluded, limitedstorage, and ceiling inventory commodities designated and reports required(a) Definitions. The definitions contained in War Food Order No. 111 shall apply to this order, and when used in this order, unless otherwise distinctly expressed or manifestly incompatible with the intent thereof: The term "cooler space" means any space in a refrigerated storage facility held at a temperature between 30 and 50 degrees Fahrenheit. (b) Designation of restricted commodities. The following are designated as restricted commodities: (e) Designation of ceiling inventory commodities. The following are designated as ceiling inventory commodities: 2. Packaged frozen fish. (f) Designation of maximum total quantity of ceiling inventory commodities. The total quantity of ceiling inventory commodities lawfully held in each refrigerated storage facility on October 1, 1943, shall be the maximum total quantity which may be received or retained in such storage after September 15, 1944. (g) Exemption periods. (1) A period of sixty (60) days after the effective date of this order shall be allowed in which to remove any commodity designated in item 12 of the list in paragraph (b) hereof now held in storage in any refrigerated storage facility. (2) A period of fifteen (15) days after the effective date of this order shall be allowed in which to remove any commodity designated in item 10 of the list in paragraph (c) hereof now held in storage in freezer space. (3) A period of thirty (30) days after the effective date of this order shall be allowed in which to remove any ceiling inventory commodities in excess of the maximum total quantity designated in paragraph (f) hereof, now held in storage in any refrigerated storage facility. (h) Records and reports. Any person operating a refrigerated storage facility shall report to the Order Administrator, WFO 111, Marketing Facilities Branch, Office of Distribution, War Food Administration, Washington 25, D. C., the following information: (1) On Form 111-1, within fifteen (15) days after the effective date of this order, the total quantity in pounds now held in storage in such facility of all commodities designated in item 12 of the list in paragraph (b) hereof and the total quantity in pounds now held in freezer space in such facility of all commodities designated in item 10 of the list in paragraph (c) hereof. (2) On Form 111-2, within six (6) working days after the first and fifteenth day of each month following the effective date of this order, the number of cubic feet of cooler space held between 30 and 50 degrees Fahrenheit, and of freezer space held at 29 degrees Fahrenheit or lower in such facility occupied for all purposes, as of the first and fifteenth day of each month. (3) On Form 111-6, within six (6) working days after the first day of each month, a list of all commodities which have been stored in a refrigerated storage facility for a period of ten (10) months or longer, the quantity in pounds of each commodity and the name of the owner thereof, designating which items are so stored by authority of a permit issued by the Order Administrator and which items are stored in violation of War Food Order No. 111. This list shall include such commodities which are so stored by or for the account of a Government agency. (4) On Form FDA 216, within six (6) working days after the first day of each month following the effective date hereof, the quantity of each commodity as designated thereon, held in such refrigerated storage facility as of the first day of each month. (5) On Form 111-1, not later than September 15, 1944, the quantity of each ceiling inventory commodity as designated thereon, held in such refrigerated storage facility on October 1, 1943: Provided, That the reports required by this paragraph (5) need not be made if such information has been previously reported on Form FDA 216. (6) In writing, within ten (10) days, not including Sundays, after giving notice of the storage of commodities considered in violation of any provision of War Food Order No. 111 to the person for whose account such commodities are stored, if such person so notified fails or refuses to remove such commodities. This report of failure or refusal to remove such commodities shall include the following information: (i) The quantity of each commodity so stored; (ii) The name of the owner thereof; (iii) The date on which the current storage month of each such commodity expires; and (iv) The provision of War Food Order No. 111, of which such storage is considered a violation: Provided, That the reports required by this paragraph (6) need not be made with respect to violations which are required to be reported by paragraph (3) hereof. (i) This order shall become effective at 12:01 a. m., e. w. t., September 2, 1944. Issued this 31st day of August 1944. LEE MARSHALL, Director of Distribution. WF0-70, 70-1, 90, AND 90-1 TERMINATED SEPTEMBER 2 With the War Food Administration's regulations covering refrigerated freezer and storage space incorporated in WFO-111 and 111-1 (see Fishery Market News, October 1944, p. 28), the WFA announced the termination of War Food Orders 70, 70-1, 90, and 90-1, which previously covered the use of cold-storage and freezer space. These terminations were effective September 2. Canned and Cured Fish Trade CALIFORNIA TUNA PACK FOR FIRST 8 MONTHS 23 PERCENT GREATER THAN IN 1943 The production of canned tuna by California packers during August amounted to 432,770 standard cases, according to the California Division of Fish and Game. This exceeded the The July pack by 16 percent, but was 20 percent less than the production in August 1943. total pack during the first eight months of 1944 amounted to 1,955,690 cases, 23 percent greater than the production for this period in 1943. Substantial increases were reported in the packs of bluefin and yellowfin tuna and tuna flakes. The pack of mackerel during August amounted to 17,915 standard cases, 59 percent less than that of August 1943. The 8-month pack of 104,733 cases was 25 percent below the pack from January through August in 1943. 17,915 1,823 140,092 Standard cases of tuna represent cases of forty-eight 7-ounce cans, while those of mackerel represent cases of forty-eight 15-ounce cans. 43,828 104,733 JULY AND AUGUST SHRIMP PACK TOTALS 60,990 CASES Following a six-week period in which little canning was done, Gulf packing plants under the Seafood Inspection Service of the U. S. Food and Drug Administration canned 59,564 standard cases of shrimp in late August, according to the Service's New Orleans Market News office. The two-month total for July and August was 60,990 cases, 39 percent below the total for the corresponding period in 1943 and 32 percent under the 5-year average. Contributing to the pack were 38 shrimp canning plants. Wet and Dry Pack Shrimp in all Sizes in Tin and Glass--Standard Cases* *All figures on basis of new standard case - 48 No. 1 cans with 7 oz. per can in the wet pack and 6 oz. per can in the dry pack. Quotations on canned shrimp by Gulf Coast packers were made at the maximum wholesale levels set by OPA on February 2, 1943 and amended June 1, 1944. These prices, for plain No. 1 standard tins, f.o.b. point of production, are as follows: The pack of salmon in Alaska totaled 4,466,515 standard cases on August 26, according to the Division of Alaska Fisheries of the Fish and Wildlife Service. This figure included a virtually complete pack from Western and Central Alaska and most of the total from the Southeastern district. Prospects indicate the final production will be about half a million cases less than was packed last year and slightly less than the packs of 1940 and 1942. The largest pack of Alaska salmon in recent years was made in 1936, when the industry produced 8,438,000 cases. Some decline compared with last year had been expected, largely because of an anticipated scarcity of fish. The sharpest decline occurred in the pack of red salmon in western Alaska and of pink salmon in the central districts. About 90 percent of all salmon caught by U. S. fishermen are taken in Alaska. Important salmon fishing areas in the United States are the Columbia River and Puget Sound, for which complete figures are not yet available. Compared with 1943, the pack to August 26 showed a decrease of 14 percent and was 15 percent below the 5-year average. With landings of California sardines 8 percent less than those of 1943, the August pack of canned pilchards began the 1943-44 season with a deficit of 10 percent compared with August 1943, according to data furnished by the California Sardine Products Institute and the California Division of Fish and Game. Meal production exceeded by 2 percent that of August 1943, while oil yield was 8 percent in arrears. Permitting unlimited use of 1-pint CTB cans for refrigerated shipments of fresh shucked oysters, the WPB, on September 22, revised its Conservation Order M-81--Cans. Prior to that date, use of such cans for this product has been restricted to 100 percent of the 1941 pack. Other restrictions affecting fishery products were unchanged. WPB PREDICTS FURTHER LIBERALIZATION OF CONTROLS ON GLASS CONTAINERS It is expected that most restrictions on the manufacture and use of glass containers and their closures can be removed shortly after the European war ends, War Production Board officials recently told members of the Glass Containers Manufacturers Industry Advisory Committee. Tin, for closures, was mentioned as the one material needed by the glass containers industry which may be expected to remain indefinitely under control. "It will probably be some time before tin restrictions can be lifted," Government men said. Further liberalization of existing controls on production and use of glass containers may be expected in the immediate future, WPB representatives said, in reviewing a proposed amendment of L-103-b, the glass containers quota order. Committee members said the amendment will help the industry to prepare for revocation of the order expected soon after the European war ends. OPA AMENDS CURED FISH ORDER SEPTEMBER 19 The price of select mild-cured salmon, used as a raw product for smoked mild-cured salmon (Lox), has been increased by 3 cents a pound, f.o.b. Seattle, the Office of Price Administration announced September 20. This increase results from further information received by OPA as to the level of prices prevailing for this raw product prior to the recently issued cured and smoked fish regulation. Select mild-cured salmon is defined as slabs of chinook or silver salmon, 90 percent of which weigh 6 pounds or more when packed in containers. A price of 343 cents per pound, f.o.b. Seattle has been established for this item. The price for other size slabs of chinook or silver salmon is increased from 263 cents per pound to 28 cents. The increases in the raw product will result in a 4 or 5 cents per pound increase in the finished smoked product sold to consumers, OPA said. The highest retail price that consumers may have to pay for smoked, mild-cured salmon (Lọx) in three key cities, is as follows: The action makes a change in the transportation provisions of the regulation. It establishes a definition for a "common carrier rate" and "freight charge." In determining these rates for a pound of fish the total customary cost of the shipment is divided by the net weight of the fish received. Amdt. 1 to MPR-550--Cured and Smoked Fish--became effective September 19, 1944. Excerpts follow: 1. Section 1.10 is amended to read as follows: SEC. 1.10. Notification to wholesalers and retailers. With the first delivery after August 21, 1944, of any item of cured or smoked fish (except smoked mild-cured salmon) covered by this regulation and with the first delivery after September 19, 1944, of any smoked mildcured salmon, the processor shall supply each wholesaler and retailer who purchases from him with the following written notice: NOTICE TO WHOLESALERS AND RETAILERS Our OPA ceiling price for (describe item) has been changed under the provisions of Maximum Price Regulation No. 550. We are authorized to inform you that if you are a wholesaler or retailer pricing this item under Maximum Price Regulation No. 421, 422 or 423, and if we are your customary type of supplier, you must refigure your ceiling price for the item in accordance with the applicable pricing provisions of those regulations (see section 6 in each case). You must refigure your ceiling price on the first delivery of this item to you on and after August 21, 1944 unless this item is smoked mild-cured salmon (lox) in which case you must refigure your ceiling price on the first delivery of smoked mild-cured salmon to you on and after September 19, 1944. For a period of 90 days after August 21, 1944 in the case of any item of cured or smoked fish (except smoked mildcured salmon) and for a period of 90 days after September 19, 1944, in the case of smoked mild-cured salmon, and with the first shipment after the 90 day period to each person who has not made a purchase within this time, the processor shall include in each box, carton or case containing the item, the written notice set forth above. 2. Section 1.17 is amended to read as follows: SEC. 1.17. General pricing instructions (a) Fractions. If the maximum price for an item of smoked fish computed in accordance with the rules provided in this regulation results in a fraction of a cent, the result will be rounded out to the nearest cent. (Note that this rule does not apply to mild-cured salmon). (b) Freight rate. In computing the "freight rate" or freight charge under other provisions of this regulation the processor shall use as the per pound common carrier charge, rail carload freight rate, or common carrier rate, the total transportation charge (customarily made by the railroad or common carrier for the shipment of the type and quantity designated by the regulation) divided by the number of pounds net weight of fish received in that shipment. 3. Section 2.1 (a) is amended to read as follows: (a) Maximum prices. The maximum prices at which any person may sell selected mild-cured salmon is: (1) 342 cents per pound ex plant or warehouse located in the United States except Alaska or f. o. b. shipping point nearest such plant or warehouse plus the per pound rail carload freight charge for mild-cured salmon from Seattle, Washington to such point. (2) 342 cents per pounds ex plant or warehouse located in Alaska or f. o. b. shipping point nearest such plant or warehouse minus the per pound common carrier freight charge for mild-cured salmon from such Alaskan point to Seattle, Washington. 4. Section 2.1 (b) is amended to read as follows: (b) The maximum price at which any person may sell mild-cured salmon packed in such a manner that the pack fails to meet the requirements for selected mild-cured salmon shall be the price fixed in paragraph (a) (1) or paragraph (a) (2), whichever is applicable, minus 62 cents per pound. 5. Section 3.1 (a) is amended to read as follows: (a) The maximum price for sales by a processor of smoked mild-cured salmon (lox) is 49 cents per pound ex processor's plant or warehouse or f. o. b. shipping point nearest processor's plant or warehouse, plus the "freight rate" as explained in section 3.2, plus the container allowance in section 3.5 where applicable. |