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1 Apply only when packed in containers of more than one pound to and including 10 pounds. containers of one pound or less, cents per pound may be added to the listed prices. When frozen in scallop bags, deduct 2 cents per pound. (Amdt. 2)

When packed in (Amdts. 4 & 5)

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 importer 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 before October 20, 1943. (Amdts. 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. (Amdts. 6 and 8)

5/ Apply only to fish caught in Lakes Superior, Michigan, and Huron, and waters tributary thereto, except Saginaw Bay. (Amdt. 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. (Amdts. 13 and 19)

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. (Amdt. 13)

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 3 cents from the base price if he does not either wash and repack the smelts in layers or wash and individually freeze the smelts. (Amdt. 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:

11

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For frozen halibut landed or frozen on the Atlantic Coast of the United States, add cent to the listed prices. (And ts. 16 and 19)

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). (Amdt. 16)

OPA FISH ADVISORY COMMITTEE

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 FISH AND SEAFOOD--AND AMENDMENTS 1 TO 6

This condensation 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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16. Definitions.

Appendix A: Suggested form.

In the judgment of the Price Admin-15. Petitions for amendment. istrator, it is necessary in order to effectuate the purposes of the Emergency Price Control Act of 1942, as amended, and Executive Orders Nos. 9250 and 9328, that maximum prices be established for the sale by retailers of fresh fish and seafood.

So far as practicable, the Price Administrator has consulted and advised with representative members of the industry which will be affected by the regulation. In the judgment of the Price Administrator, prices established are generally fair and equitable and will effectuate the purposes of the Act. The prices established are not below the average retail prices of fresh fish and seafood in the year 1941.

A statement of the considerations involved in the issuance of the regulation

has been issued herewith and filed with the Division of the Federal Register.*

Article I-Purpose and Scope of Regulation

29. Salmon,

silver (Pacific coast) seine caught (Oncorhynchus kisutch). 33. Salmon, fall (Pacific coast) seine caught (Oncorhynchus keta).

31. Salmon, pink (Pacific coast) seine caught (Oncorhynchus garbuscha)..

32. Salmon, Sockeye (Blueback) (Pacific coast) seine caught (Oncorhynchus nerka).

33. Salmon, Chinook (King) (Pacific coast) seine caught (Oncorhynchus tschawytscha).

Salmon, Steelhead (Pacific coast) (Salmo gaird nerii)

34.

35.

Smelt, Silver (Pacific coast).

36.

Sole, Dover (Pacific coast).

37.

Sole, English (Pacific coast).

38.

Sole, Petrale (Pacific coast).

39.

Sole, Rex (Pacific coast).

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SECTION 1. What this regulation does.
This regulation fixes the maximum retail
prices at which retailers may sell certain
species of fresh fish and seafood. On
and after July 22, 1943, the date this reg-
ulation takes effect, no retailer may sell
or deliver any of such fresh fish or sea-
food, and no person in the course of
trade or business may buy or receive any
of such fresh fish or seafood from a re-
tailer at prices higher than the prices
fixed by this regulation. But prices 47.
lower than those fixed may be charged
or paid.

seafood are covered by this regulation.
SEC. 2. What species of fresh fish and
(a) The following species of fish and
seafood are included in this regulation:

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Tuna, Shipjack (striped) (Pacific coast).
Bonita (Pacific coast).
Yellowtail (Pacific coast).

48. Pilchards (Sardinia caerulea)

49. Whitefish (Coregonus clupeiformis) (Caught in Canadian waters) (Caught in Canadian waters)

50. Lake Trout (Cristivomer mamaycush)

51. Yellow Pike (Yellows or Wall-eyed Pike) (Stizostedion vitreum vitreum) (Caught in Canadian waters)

52. Pickerel (Jacks, Great Northern Pike or Grass Pike) (Esox lucius) (Caught in

Canadian waters) 4.

§ 1364.19 Maximum retail prices for fresh fish and seafood. Under the authority vested in the Price Administrator by the Emergency Price Control Act of 1942, as amended, and Executive Orders Nos. 9250 and 9328, Maximum Price Regulation No. 439 (Fresh Fish and Seafood at Retail), which is annexed hereto and made a part hereof, is hereby issued. AUTHORITY: § 1364.19 issued under Pub. Laws 421 and 729, 77th Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681. MAXIMUM PRICE REGULATION 439-FRESH FISH 13.

AND SEAFOOD AT RETAIL

Blackback (Presudo-pluronectes americanus).

Dab, Sea (Hippoglossoides platessoides). Yellow tail (Limanda ferruginea).

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Haddock (Melanogrammus aeglefinus). Hake (Urophycis species).

9.

10.

11.

12.

Hake, mud (Urophycis species). Herring (Clupea harengus).. Pollock (Pollachius vireus). Rosefish (Sebastus Marinus).

Sole, Gray (Glyptocephalus cynoglossus) Sole, Lemon (Pseudo-pleuronectes dignabilis).

Whiting (Merluccius bilinearis).
Wolffish (Anarhichas lupus).

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Scallops, Sea (Pecten magellanicus). Scallops, Bay (Pecten irradians). Swordfish (Xiphias gladius).

3. How retailers determine their maximum prices for fresh fish and seafood.

20.

Cod true (Pacific coast) (Cadus macro

cephalus).

4. Directions for applying the mark-up rule. 5. Price posting requirement.

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9. Sales to which this regulation applies. 27. Salmon, Chinook (King) (Pacific coast) 10. Relation to other regulations.

troll caught (Oncorhynchus tschawytscha) red meated and white meated. *Copies may be obtained from the Office of 28. Salmon, silver (Pacific coast) troll Price Administration. caught (Oncorhynchus kisutch).

53. Sauger

(Sand Pike)

(Stizostedion canadense) (Caught in Canadian waters) 54. Yellow Perch (Perca flavescens) (Caught in Canadian waters)

55. Shrimp and Prawn

56. Lake herring (Leucichthys artedi). (Amdt. 3,5)

SEC. 3. How retailers determine their maximum prices for fresh fish and seafood. (a) Every retailer, in order to determine his maximum selling price for any style or form of each species of fresh fish or seafood set forth in section 2 shall take the same cents per pound mark-up over net delivered cost, which he took on the most sales during the period July 5 to July 10, 1943, inclusive, for the same style and form of the species being priced: Provided. That if during that period the retailer fixed his selling price by applying a percentage mark-up over cost, he shall determine his maximum applying the percentage mark-up which selling price under this regulation by he used on most sales during that period.

(b) For any species of fish or seafood listed in section 2 or any style or form of those species, which was not offered for sale during the period July 5 to July 10, 1943, inclusive, the retailer's maximum

selling price will be determined by taking Fractions of one-half cent or over shall the most similar commodity of fresh be considered a cent and fractions of a fish or seafood that he did offer for sale cent under one-half cent are to be during the period July 5 to July 10, 1943, dropped in computing the retailer's maxinclusive, and applying the cents per imum selling price per pound. When repound mark-up or the percentage tailers service and distribute fresh fish mark-up as set forth in section 3 (a). and seafood from one or more central (c) Any retailer who did not offer for warehouses, they shall be permitted to 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 species during the period July 5 to July must calculate maximum prices for the 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. 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 district office of the Office of Price Ad- such commodity are made on that day. ministration for approval of a permitted All maxiinum prices shall be calculated retail mark-up on each of such species and stated in cents per pound. In the in the style or form to be sold. The ap- calculation, costs of fresh fish and seaplication shall include a statement set- food, both on hand and in transit, shall ting forth the reason why pricing can be included. (Amdt. 5)

SEC. 5. Price posting requirement. The retailer must post a list of his ceiling

prices at a place in his store where it

not be based on section 3 (a) or (b) and
a proposed schedule of mark-ups by
species and forms and styles to be sold.
Any district office of the Office of Price can be easily read by customers or pros-
Administration may establish maximum pective customers.. Such list must con-
mark-ups of such an applicant in line tain a complete list of all species covered
with the mark-ups of similar retailers. in this regulation which are being offered
The district office shall establish Table for sale and the form or style in which
A prices in Maximum Price Regulation sold.
No. 418 as the net cost for any applicant
who is the producer of the fresh fish or
seafood which he sells at retail. (Amdt. 6)

(a)

the total value of the delivery, as a sep-
arate charge, the same amount which he
charged for such delivery during the
period July 5 to July 10, 1943, inclusive.

(b) Ceiling prices for sales to hotels, restaurants, institutions and other eating places selling or furnishing meals are the ceiling prices fixed by Maximum Price Regulation No. 418. Nevertheless, any person may, during any month, use the ceiling prices fixed by this regulation in selling to eating places if 80 percent or more of his total sales of fresh fish and seafood during the previous calendar month were retail sales to consumers, that is, to persons who buy the fresh fish and seafood to be eaten by themselves or hemselv their families. (Amdt. 4)

SEC. 10. Relation to other regulations. The maximum price at which a person may export fresh fish and seafood at retail shall be determined in accordance

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

Article II-Record Keeping and Enforcement

SEC. 11. Records and reports. (a) Every seller subject to this regulation shall keep in his possession for inspection by the Office of Price Administration, for so long as the Emergency Price Control Act of 1942, as amended, remains in effect, all available sales slips, books of account, invoices and other purchase and sales records of the period July 5th and 10th, 1943, inclusive. He shall also prepare, for all fresh fish and seafood handled by him during this period, whether or not covered specifically by this regulation, a written statement, for inspection by the Office of Price Administration showing (1) the net delivered cost of each species in each form or style bought, which net delivered cost is (1) computed by dividing the total net delivered cost of each species, bought in the same form, by the total number of pounds bought or (ii) taking the net delivered cost of the largest single purchase; (2) the price at which he made most sales of each of the above-mentioned species in the styles or forms in which he made the sales, and (3) the mark-up in each case. The cents-per-pound mark-up shall be the difference between the net delivered cost per pound and the selling price per pound as computed in (1) and (2), but any retailer who employs a percentage mark-up method may state such a markup in percentage terms. A suggested fcrm for this statement, with sample entries based on assumed prices using the cents-per-pound mark-up method is provided in Appendix A.

SEC. 6. Additions allowed for deliveries made by the store to its consumers. If deliveries are made by the retailer to SEC. 4. Directions for applying the the homes or places of business of his mark-up rule. To compute the maxi- customers of any of the items covered by mum selling price take the net delivered this regulation, the retailer may add to cost on a per pound basis for each species and apply the permitted mark-up under section 3. Net delivered cost is the amount paid to the supplier less all discounts, except the discount for prompt payment, plus all transportation charges. If more than one purchase is represented in the species to be priced, the retailer, to determine the net delivered cost, may take (a) the average weighted cost of such purchases (total net delivered cost of the purchases divided by the number of pounds bought) or (b) the net delivered cost of the largest purchase involved. No retailer may compute his maximum selling price on a purchase where the net delivered cost is higher than the supplier's ceiling price. To compute the maximum selling price for fresh fish or seafood of any species listed in section 2 which the retailer bought outside of the United States or Alaska or which were delivered to him SEC. 8. Where this regulation applies. from outside the United States or Alaska, The provisions of this regulation shall the retailer shall use as his "net delivered apply to the forty-eight states of the cost" whichever of the following is United States and the District of Colower: (1) The "net delivered cost" as lumbia and, notwithstanding the procomputed above or (2) the maximum visions of Maximum Price Regulation price for the sale of such fresh fish or 194, to the Territory of Alaska. (Amd12) proval of the Bureau of the Budget in ac

seafood by a primary fish shipper wholesaler as listed in Maximum Price Regulation No. 418, Article IV, section 20, Table B, plus the container price as listed in Maximum Price Regulation No. 418, Article IV, section 19, where a container, as there defined, is used, plus all transportation charges.

SEC. 7. Precedence of community prices over. retailers ceilings established by the mark-up method. (a) The Office of Price Administration may, by order issued pursuant to General Order Number 51, fix in any community dollarsand-cents ceiling prices for some or all of the fishery commodities in this regulation. When such dollars-ard-cents When such dollars-ard-cents prices are fixed, the retailer ray not thereafter sell at higher prices than ceiling prices set for the group in which he is classified, if group classifications are set up, and these new ceiling prices shall take the place of the ceiling prices arrived at under this regulation.

SEC. 9 Sales to which this regulation applies; sales to eating places. (a) This regulation applies to all sales of fresh fish or seafood by a retailer, which includes any store, wagon route, establishment, or department which sells, for the most part, to ultimate consumers who are not commercial, industrial or institutional

users.

(b) Every seller shall, subject to ap

cordance with the Federal Reports Act of 1942, submit such reports to the Office of Price Administration and keep such 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.

to buy any other fish or seafood or any other product.

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 be processed by producers and wholefood 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 re- steaks, slices, fillets. etc., and includes tailers will be automatically licensed fish sold in the round or drawn on a upon approval of a mark-up method as outlined in section 3 (c). All sellers may gross weight basis and processed at the later be required to register. The license order of the customer without added may be suspended for violation in con- compensation. nection with the sale of any commodity Effective date. This regulation shall for which ceiling prices are established. become effective July 22, 1943. No person whose license is suspended may sell any such commodity during the provisions of this regulation are approved by NOTE: The reporting and record keeping period of suspension. the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Issued this 20th day of July 1943. PRENTISS M. BROWN, Administrator.

SEC. 13. Enforcement. On and after July 22, 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. 14. Licensing and registration. The licensing and registration provisions of sections 15 and 16 of the General Maximum Price Regulation' shall apply to every person subject to this regulation.

Article III-Miscellaneous Provisions

SEC. 15. 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

APPENDIX A SUGGESTED FORM-RETAIL MARK-UPS RECORD JULY 5-10, 1943, INCLUSIVE [Cents-per-pound mark-up method]

18 FR. 4132, 5987, 7662.

'8 F.R. 3096, 3849, 4347, 4486, 4724, 4978, 4848, 6047, 6962; 8511, 9025.

7 F.R. 8961; 8 F.R. 3313, 3533, 6173.

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Note: Many of the provisions of MPR-439 were superseded on January 27, 1944, by MPR-507. the species mentioned in MPR-439, with the exception of lake herring, pilchard, rex sole, steelhead trout, and crabs, have 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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