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MPR-507--RETAIL CEILING PRICES--AND AMENDMENTS 1 TO 4

This text and the tables of MPR-507 and the amendments torough July 31, 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 at retail of certain fresh fish and sea food are those contained in the order and amendments listed imediately below:

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In the judgment of the Price Administrator, 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 of certain fresh fish and seafood at retail.

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 equi table 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.

Such specifications and standards as are used in this regulation were, prior to such use, in general use in the trade or industry affected, or insofar as they were not in general use, their use is essential to effectuate price control, and there is no effective alternative.

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.

$1364.352 Ceiling prices of certain fresh fish and seafood sold at retail. 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. 507 (Ceiling Prices of Certain Fresh Fish and Seafood Sold at Retail), which is annexed here to and made a part hereof, is hereby issued.

MAXIMUM PRICE REGULATION 507-- CEILING PRICES OF CERTAIN FRESH FISH AND SEAFOOD SOLD AT RETAIL

ARTICLE I--PURPOSE AND SCOPE OF THE REGULATION

Section

1. What this regulation does.
2. What stores are covered by this regulation and how you find out what group you are in.
3. How and when you figure your ceiling prices for fresh fish and seafood.
4. Directions for figuring ceiling prices for fresh fish and seafood.

Prices which you must post.
B:

Indirect price increases prohibited. 7. Prohibitions, 8. Sales slips and receipts. 9. Records, 10. Licensing. 11. Notice of dollars-and-cents ceiling prices. 12. Further provisions supplementing or explaining this regulation. 12. Delegation to Regional Administrator for Region VIII.

ART CLE II--SPECIAL PRICING PROVISIONS

Section

13. Additions for Groups 3 and 4 stores for delivery from warehouse to store.
14. Additions allowed for deliveries made by "fish stores.
15. How you figure your ceiling price for items which you "process.
16. How you figure your "net cost" for items which you import.

ARTICLE III-ADJUSTMENT PROVISIONS

Section

17. How Groups 3 and 4 stores may, under certain conditions, use the Group 1 and 2 mark-ups. 18. Applications for adjustment.

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ARTICLE I-PURPOSE AND SCOPE OF THE have posted a sign showing the group usual receiving point, which may include REGULATION

your store is in under this regulation costs for icing and refrigeration in SECTION 1. What this regulation does.

(reading "OPA-1", "OPA", "OPA-3" or transit, but which may not include costs This regulation fixes new ceiling prices "OPA-4”, whichever apples to you), or for local trucking and local unloading. for domestic and imported fresh fish and

you must have posted a sign which the (ü) Your "net cost” must be based on seafood items listed in Table A, for all

OPA may furnish you. However, you purchases delivered to your usual reretail stores, retail route sellers and

may post the sign of another group, if celving point. wagon retailers. These new ceiling prices you are permitted to do so under any (iii) Your "net cost” must be figured

on the basis of a per pound selling unit. are to be used instead of the ceiling prices order issued under Revised General figured under any other price regulation Order No. 51. The sign must be posted Always figure "net cost” to three decior order issued by the Office of Price Ad- so that it can be clearly seen by your mal places. Do not round out any frac

tions until you have added your mark-up. ministration (hereinafter called OPA), customers. except as otherwise provided in any order SEC. 3. How and when you figure your

(iv) You may never use as “net cost" fixing dollars-and-cents ceiling prices ceiling

prices for fresh fish and seafood

the cost of a purchase from another rewhich has been or which may be issued

rule

ceiling for tailer, and you must never figure your by the OPA pursuant to Revised General each item of fresh fish and seafood (that “net cost” on a purchase made at a cost Order No. 51.

is, for each kind, size, and style of dress- higher than your supplier's ceiling price. ing or preparation), listed in Table A

(2) Provisions applicable to Groups 1 SEC. 2. What stores are covered by this

shall be the total of (1) the “net cost" and 2 stores-(i) Net costof largest regulation and how you find out what of the largest delivery of the item re.

delivery. If you are a Group 1 or 2 store, group you are in (a) What stores are

ceived by you during the preceding covered. Your store is covered by this

to figure your ceiling price, you must first regulation if you are a retailer who buys

seven-day period if you are a Group 1 find the "net cost" of the largest deand resells food products, for the most

or 2 store, or the weighted average “net livery received by you of the item during

cost” of all deliveries of the item during part to ultimate consumers who are not

the seven-day period before the Thursthe preceding seven-day period if you commercial, industrial or institutional

day for which you are figuring your price. are a Group 3 or 4 store, plus (2) the · If there are two or more of such largest users. Ceiling prices for sales to hotels, boarding houses, restaurants, institu

mark-up given your group for the item deliveries of the same quantity, use the tions and other eating places selling or in Table A.

most recent of these deliveries. furnishing meals are the ceiling prices

(b) When you must figure your ceiling (ii) Use of weighted average net cost" fixed by Maximum Price Regulation No.

prices. By the opening of business on instead of "net costof largest delivery. 418. Nevertheless, any person may, dur

January 27, 1944, you must have figured If you are a Group 1 or 2 store, you may ing any month, use the ceiling prices fixed your ceiling price for each item of fresh

use the weighted average "net cost” of all by this regulation in selling to eating

fish and seafood listed in Table A which deliveries during the seven-day period, places, if 80% or more of his total sales

you have in stock at that time. These instead of using the “net cost” of the of fresh fish and seafood during the pre

ceiling prices must be checked each week largest delivery during that period. If vious calendar month were sales at retail after January 27, 1944, and changed on

you figure “net cost” in this manner, to ultimate consumers. Retail route sellThursday of each week for any item, if

however, you may not use the “net cost" ers and wagon retailers shall, for the your "net cost” of that item has changed

of the largest delivery during the prein the preceding seven days. Never purposes of this regulation, regard them

ceding seven-day period for any of the selves as stores, and figure their ceiling

change your ceiling price on any day but items listed in Table A.

Thursday. prices as such.

(3) Provisions applicable to Group 3 (b) What are Groups 1, 2, 3 and 4 For any item which you receive for the

and 4 stores. If you are a Group 3 or stores. For the purposes of this regulafirst time, or which you have not received

4 store, your "net cost" will be the during the preceding seven days, you tion, Groups 1, 2, 3 and 4 stores are

weighted average “net cost” of all dedefined as follows:

must figure your ceiling price as soon as liveries of the item to you during the (1) Group 1. Your store is in Group 1 you receive it and before you make any

seven-day period before the Thursday if it is an "independent" store with "ansales, using the “net cost” of that first

for which you are figuring your price, exnual gross sales" of less than $50,000. delivery. On each Thursday after that,

cept that stores under one ownership (2) Group 2. Your store is in Group 2 you must treat the item as you would

who price from a central point may use any other item of fresh fish and seafood if it is an "independent" store with "an

the weighted average “net cost” of decovered under this regulation. nual gross sales" of $50,000 or more, but

liveries received during the seven days less than $250,000.

Stores under one ownership pricing preceding Tuesday of each week. (3) Group 3. Your store is in Group

from a central point may refigure ceiling (b) Mark-up. Turn to Table A to 3 if its "annual gross sales” are less than

prices for items so priced, based on the find the mark-up for the item given $250,000, and if it is not an "independent” “net cost” of deliveries received during

your group of store. store.

the seven days preceding Tuesday of (c) Ceiling prices. Your ceiling price (4) Group 4. Your store is in Group each week. These prices must not be put

will be the total of your dollars-and4 if its “annual gross sales” are $250,000 into effect until the following Thursday

cents mark-up added to your "net cost”. or more.

SEC. 4. Directions for figuring ceiling

Where this calculation results in a frac(5) Independent store. Your store is

prices for fresh fish and seafood-(a) tion of a cent, the figure must be reduced an “independent” store if it is not one Net cost-(1) Provisions applicable to to the next lower cent if the fraction is of four or more stores under one owner

all stores. (i) Your “net cost” will be the less than 42 cent, and may be increased ship whose combined “annual gross amount you paid your supplier, less all to the next higher cent, if the fraction is sales” are $500,000 or more.

discounts except the discount for prompt: 12 cent or more. (c) How to post a sign of the group payment, plus all transportation charges If you sell an item in a quantity other: your store is in. At all times, you must you paid to transport the item to your than the selling unit given in Table A,

over

you must reduce or increase your price sons who make sales under price control, proportionately. If figuring a price for are applicable to all sellers subject to a quantity different from the "selling this regulation. A seller's license may be unit” results in a fraction of a cent, you suspended for violations of the license or may charge the next higher cent.

of one or more applicable price schedules SEC. 5. Prices which you must post. or regulations. A person whose license At all times, you must have your current is suspended may not, during the period selling price for each item covered by this of suspension, make any sale for which regulation clearly shown at the place his license has been suspended. where you offer the item for sale. Of

SEC. 11. Notice of dollars-and-cents course, this posted price must never ex

ceiling prices. From time to time the ceed your ceiling price. (Amdt. 4)

OPA may, by order issued pursuant to SEC. 6. Indirect price increases pro- Revised General Order No. 51, fix in your hibited. You must not evade any of the region or community, dollars-and-cents provisions of this regulation or any ceiling prices for some or all of the items order issued pursuant to it by any under this regulation. When these dolscheme or device. You must not, as a lars-and-cents prices are fixed, you may condition of selling any particular item, not thereafter sell at higher prices, and require a customer to buy anything else. those orders may provide

that such prices Any such evasion is punishable as a vio- replace the ceiling prices which you have lation of this regulation.

under this regulation. If such orders do SEC. 7. Prohibitions. On and after not provide that they replace your prices January 27, 1944, if you sell or deliver, under this regulation, you must continue pr offer to sell or deliver at a price to figure your prices under this reguhigher than your ceiling price fixed by lation. this regulation or any order issued pur

SEC. 12. Further provisions supplesuant to it, or if you otherwise violate

menting or explaining this regulation. any provisions of this regulation or any

From time to time, the Price Adminisorder issued pursuant to it, you are subjuct to the criminal penalties, civil en

trator may, by amendment, issue further forcement actions, license suspension

provisions which will supplement the

provisions of this regulation or explain proceedings, and suits for treble dam

the rights and duties of buyers and ages provided for by the Emergency Price Control Act of 1942, as amended,

sellers under it. These further provi

sions will become part of this regulation Also, any person who, in the course of trade or business, buys from you at a

and may be added as paragraphs to this

section. price higher than your ceiling price, is

(a) Effective May 25, 1944, this regulasubject to the criminal penalties and

tion requires that the year 1943 be used civil enforcement actions provided for

as the basis for figuring your annual gross by that act.

sales instead of the year 1942. If you SEC. 8. Sales slips and receipts. If you

find that as a result of that change, your have customarily given a purchaser a store is in a different group from the one sales slip, receipt or similar evtdence of it was in before, you must, by the openpurchase, you must continue to do so. ing of business on Thursday, June 15, Furthermore, regardless of your cus

1944, refigure all of your ceiling prices. tom, you must give any customer who

You must use as your “net cost” the same asks for it a receipt showing the date,

"net cost” you would have used in reyour name and address, and each item

figuring your ceiling price on that Thurs

day under section 3 of this regulation. sold and the price you charged for it.

(Amd t. 4) SEC. 9. Records. After January 26, 1944, you must keep for one year after SEC. 12a. Delegation to Regional Adyou receive them all your invoices, freight ministrator for Region VIII. The Rebills, and other records showing the price gional Aministrator for Region VIII may, you paid and the date you received de- by order, fix cents-per-pound mark-ups livery of each item covered by this regu- over “net cost” for sales by retail stores, lation.

retail route sellers and wagon retailers You are required to show all your in- of those species of fresh fish and seafood voices on request of any OPA representa- for which no mark-ups have been estabtive, and to furnish on request of any lished in Maximum Price Regulation No. OPA representative a written record of 507 and for which the Regional Adminyour ceiling price in.effect at any par- istrator, under the authority of section ticular time or times for any or all of the

20 (a) of Maximum Price Regulation No. items covered by this regulation. You 418, has by order fixed maximum prices must also keep available for inspection for sales at other levels of distributinn: by any OPA representative the records Provided, however, That the mark-ups so you used in deciding what group your established shall not exceed those genstore is in.

erally prevailing during 1942. Stores under one ownership pricing The Regional Administrator for Refrom a central point must also keep gion VIII shall issue with each order an available at all times in each store a list opinion setting out that the above conshowing the current selling price, as set ditions have been satisfied. Each order at the central point, of each item so

shall include all of the provisions of genpriced. These price lists must be kept eral applicability in Maximum Price in each store for one year, or, in the alter- Regulation No. 507. Any order issued native, must be kept in each store for pursuant to this section shall apply to thirty days, and thereafter for a period

the area designated by the Regional Adof eleven months in the warehouse from

ministrator, but in no event shall the which the items are delivered to the store,

order extend beyond the limits of Region and must be shown, on request, to any

VIII.

Aadt. 4) OPA representative.

ARTICLE 1-SPECIAL PRICING PROVISIONS SEC. 10. Licensing. The provisions of SEC. 13. Additions for Groups 3 and 4 Licensing Order No. 1, licensing all per- stores for delivery from warehouse to

store. If you are a Group 3 or 4 store, and your store is located at a distance of 125 miles or more from your warehouse, which is your usual receiving point, you may, in figuring your ceiling price for an item delivered from the warehouse to your store, add to your "net cost” for the item whichever of the following amounts applies:

(a) If the store is located at a distance of from 125 through 199 miles from such warehouse, you may add 1% of your "net cost”.

(b) If the store is located at a distance of from 200 through 299 miles from such warehouse, you may add 2% of your “net cost"

(c) If the store is located at a distance of from 300 through 399 miles from such warehouse, you may add 3% of your "net cost".

(d) If the store is located at a distance of 400 miles or more from such warehouse, you may add 4% of your "net cost".

SEC. 14. Additions allowed for deliveries made by "fish stores". (a) If you are a "fish store" and you deliver to your customer's home or place of business any of the items covered by this regulation, you may add to the total value of the delivery, as a separate charge, whichever of the following amounts applies: Value of delivery:

Additions allowed $0.00 to $.99.

no addition $1.00 to $1.99..

10€ $2.00 to $2.49

15¢ $2.50 to $3.49.

20¢ $3.50_

25€ (b) If you make such deliveries and add such charges, you are required to keep for one month a copy of each sales slip or invoice, itemizing clearly your prices for the items delivered and the amount of the delivery charges permitted under the provisions of this section.

SEC. 15. How you figure your ceiling price for items which you "process"-(a) Fresh fish—(1) "Net cost. If, prior to offering any item of fresh fish for sale, you "process” it by changing its form to either drawn, dressed, dressed and skinned, fillets, cuts or steaks (sliced), you will figure your "net cost" as though you had purchased the item already processed. Your "net cost” for any style of dressing is the price, fixed at the time you process it,

for that style of dressing in Maximum Price Regulation No. 418, as listed in the table of prices covering your supplier's sales to you. (Add the transportation and container allowances permitted in Maximum Price Regulation No. 418.) If the item which you "process" is one which you purcnased from a producer under Table A in Maximum Price Regulation No. 418, your "net cost" is the price, fixed at the time you process it, for that style of dressing in Table B of MaxiVíd und nice Regulation No. 418.

If, prior to offering any item of fresh fish for sale, you "process" it by changing its form to cuts or steaks (sliced), and if Maximum Price Regulation No. 418 does not fix a price for that style of dressing, you will figure your "net cost" as follows:

(i) For salt-water fish, find the price per pound fixed at the time you process it in Maximum Price Regulation No. 418 in the table of prices covering your supplier's sales to you of that kind of fish bought dressed. (If the item which you process is one which you purchased from lation is the Table D price listed in Maxi- ceived permission to use the Group 1 a producer under Table A of Maximum mum Price Regulation No. 418 for mark-ups under Maximum Price RegPrice Regulation No. 418, use the dressed

dressed haddock multiplied by 1.40 (plus ulation No. 422, or the Group 1 and 2 price, fixed at the time you process it, in

transportation and container allowances mark-ups under Maximum Price ReguTable B of Maximum Price Regulation permitted in Maximum Price Regulation lation No. 336 or Maximum Price ReguNo. 418.) Multiply that price by 1.40. No. 418). To figure your ceiling price, lation No. 355, you must figure your (Add the transportation and container add to your "net cost" the per pound ceiling prices in accordance with the proallowances permitted in Maximum Price mark-up given your group of store for visions of this regulation applicable to Regulation No. 418.) The resulting fig

The resulting fig haddock in the table covering fillets, cuts Groups 3 and 4 stores, except that you ure will be your "net cost” per pound for and steaks sold as purchased.

may use the Group 1 and 2 mark-ups the item.

However, if in the month of March

under this regulation. You must then (ii) For fresh-water fish, and the price you purchase Canadian pickerel (a fresh

post the Group 1 sign. per pound fixed at the time you process water fish) round, gutted, or headed and (b) If you are a Group 3 or 4 "fish it in Maximum Price Regulation No. 418 gutted, from a cash-and-carry whole

store" which meets the gross margin rein the table of prices covering your sup- saler (Table D) under Maximum Price quirements specified in this section, and plier's sales to you of that kind of fish Regulation No. 418, and if, prior to offer

you do business in the manner outlined bought round. Multiply that price by ing the pickerel for sale you change its

below, you may apply under paragraph 1.45. (Add the transportation and con- form to steaks (sliced) your "net cost"

(c) of this section to use the mark-ups tainer allowances permitted in Maximum under this regulation is the Table D

provided for Group 1 and 2 stores: Price Regulation No. 418.) The result- price listed in Maximum Price Regula- (1) Your store generally offers to all ing figure will be your "net cost" per tion No. 418 for round Canadian pickerel its customers the services of taking pound for the item.

multiplied by 1.45 (plus transportation orders by telephone, carrying monthly If you received deliveries from more and container allowances permitted in charge accounts, and providing delivery than one type of supplier, use the table

Maximum Price Regulation No. 418). service; price in Maximum Price Regulation No. To figure your ceiling price, add to your (2) The general level of your prices 418 applicable to the type of supplier . "net cost” the per pound mark-up given for fish and seafood was, during Sepfrom whom you received the largest your group of store for Canadian pickerel tember 1942, at least as high as the level single delivery.

in the table covering fillets,r çuts. and maintained by Groups 1 and 2 stores, and NOTE: This paragraph (a) applies only to steaks sold as purchased. 'Camdt,

I was generally higher than that mainprocessing which changes the item to one of (3) If, prior to offering any item of tained by Groups 3 and 4 stores for such the following major styles of dressing: drawn, fresh fish for sale, you scale and clean items in your community; and dressed, dressed and skinned, fillets, cuts or

it in such a manner that the form of the (3) The total gross margin in your steaks,

(Amdt. 1) (2) Mark-up. (i) Your mark-up for

fish is not changed from one major style' fiscal year 1941 was more than 25% on

of dressing to another, and such scaling all sales and also, if you are not an “inany item which you process prior to of

and cleaning is the only processing you dependent" store, more than 25% on the fering for sale by changing the form to

perform, you may add 1/2 cent per pound combined sales of the items in all the drawn, dressed, or dressed and skinned,

to your "net cost” of the item figured shall be the mark-up given your group under section 4.

stores in your organization. If you

were not in business in 1941, use your of store for the item in the table cover

(b) Fresh seafood—(1) "Net cost". If, most recent fiscal year (or fiscal period, ing whole fish sold on gross weight basis

prior to offering any item of fresh sea- if not in business a full fiscal year). and prepared to the customer's order.

food for sale, you "process" it by chang- (c) Your application must be filed in (ii) Your mark-up for any item which

ing its form to either headless, headless duplicate on or before June 24, 1944, you process prior to offering for sale by changing the form to fillets, cuts or

and veined, peeled, or peeled and veined, with your nearest district OPA office on steaks shall be the mark-up given your

you will figure your “net cost" as though a form which you may obtain from that

you had purchased the item already office. You may combine on one form group of store for the item in the table

processed. Your "net cost" for any the applications of more than one of covering fillets, cuts and steaks sold as style of dressing is the price, fixed at the your stores. If your application

is purchased.

time you process it, for that style of finally approved, OPA will tell you when For example, if in the month of Jan

dressing in Maximum Price Regulation to begin using the Group 1 and 2 markuary you purchase haddock drawn from

No. 418, as listed in the table of prices ups, and from such time on you shall a cash and carry wholesaler (Table D)

covering your supplier's sale to you. If post a sign in your store designating it as under Maximum Price Regulation No.

the item which you "process" is one a “Group 1". store and it shall be con418, and if, prior to offering the haddock for sale, you change its form from drawn

which you purchased from a producer sidered a Group 1 store for all orders to dressed your "net cost” under this

under Table A in Maximum Price Regu- issued under Revised General Order No. lation No. 418, your “net cost" is the 51.

(Amdt. 42 regulation is the Table D price listed in

price, fixed at the time you process it, Maximum Price Regulation No. 418 for for that style of dressing in Table B of

SEC. 18. Applications for adjustment. dressed haddock (plus transportation

Maximum Price Regulation No. 418. If Any Regional Office of the OPA, or such and container allowances permitted in you received deliveries from more than

offices as may be authorized by order Maximum Price Regulation No. 418). one type of supplier, use the table price

issued by the appropriate Regional Office, To figure your ceiling price, add to your in Maximum Price Regulation No. 418

may act on all applications for adjust"net cost" the per pound mark-up given applicable to the type of supplier from

ment under the provisions of this regulayour group of store for haddock in the

whom you received the largest single tion, and may deny any application filed table covering whole fish sold on gross delivery..

under section 17 or revoke any order weight basis and prepared to the cus

(2) Mark-up. Your mark-up for any granting adjustment under that section tomer's order. item of fresh seafood which you "proc

if denial of such application would not If instead of dressing the haddock, ess" prior to offering for sale shall be

cause the applicant a substantial finanyour fillet it, your "net cost" is the Table D price listed in Maximum Price Regula

the mark-up given your group of store cial hardship. Applications for adjustfor the item in the table covering fresh

ment are governed by Revised Procetion No. 418 for haddock Allets, (plus seafood sold as purchased.

dural Regulation No. 1. Amdt. 4). transportation and container allowances permitted in Maximum Price Regulation

SEC. 16. How you figure your "pot.

ARTICLE IV--MSCELLANEOUS PROVISIONS No. 418). To figure your ceiling price,

costfor items which you import. If SÉc. 19. How you find the "annual add to your "net cost” the per pound

you import any item covered by this gross sales" of your store. (a) To find mark-up given your group of store for regulation, your "net cost” may not ex- your "annual gross sales”, take your total haddock in the table covering fillets, cuts

ceed the Table B price (plus transporta- sales for the calendar year 1943. Include and steaks sold as purchased.

tion and container allowances) fixed in all sales as shown on your books, except Or, for example, if in the month of Maximum Price Regulation No. 418 for sales by a restaurant in conjunction with March you purchase haddock (a salt- the item.

your store. You can use your Federal water fish) round, drawn, or dressed,

Income Tax Return to get your gross

ARTICLE III-ADJUSTMENT PROVISIONS from a cash-and-carry wholesaler (Table

sales for all or part of the calendar year D) under Maximum Price Regulation No. SEC. 17. How Groups 3 and 4 stores 1943 which is covered by such return. If 418, and if, prior to offering the haddock may, under certain conditions, us, the you own more than one store, figure the for sale, you change its frrm to steaks Group 1 and 2 mark-ups. (a) If you aru sales for each store separately, treating (sliced) your "net cost" under this regu- a Group 3 or 4 store, and you have re- each as a separate retailer. (Amdt. 4) (b) If you were not in business during the entire year 1943, you must divide your total sales from the time you began operation up to January 26, 1944, by the number of weeks you were in busi. ness. This will get you your weekly average sales. Multiply the figure by 52, and the result is your "annual gross sales". (Amdt. 4)

Sec. 20. How you determine your group in certain special cases-(a) Stores in which more than one retailer operates. If you sell fresh fish and seafood in a retail store in which there are other food retailers, none of whom sells fish and seafood, you must find your group by taking the combinert "annual gross sales" of all the food retailers in that store.

b) New stores. If you open a retail store after January 26, 1944, you may consider yourself a Group 1 store if you are an “independent" store, or a Group 3 store if you are not an “independent” store. However, after you have been in business for three months, you must determine again what group your store is in. To do this, take your total sales for the three-month period and multiply by four. Use the result as your "annual gross sales" in determining the group in which your store belongs. (Ardt,

If you find that your store should now be in another group, you may continue to use the Group 1 or Group 3 mark-ups until the second Thursday following the end of the three-month period, by which time you must have refigured all your ceiling prices using the mark-ups for your new group.

If, by reason of the new store, you now are one of four or more stores under one ownership, you must, at the end of the three-month period, refigure the combined "annual gross sales" for all of your stores. If the combined "annual gross sales” are $500,000 or more, all of your stores must then be considered as Group 3 or 4 stores. You may continue to use the existing ceiling prices in each store until the second Thursday following the end of the three-month period, by which time you must have refigured all of your ceiling prices in each store, using the mark-ups for its proper group.

(c) Discontinuance of stores. (1) If you are not an "independent" store and you close one or more of your stores, so that you now have less than four stores under one ownership, you may find your group for each of the remaining stores by determining the "annual gross sales" under section 19, treating each store as an "independent" store.

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(2) If you are not an “independent” apply to the. 48 states of the United States store, and you close one or more of your. and to the District of Columbia. stores, but four or more stores continue SEC. 25. Definitions. (a) (1) "Sale at under one ownership, you may figure retail” shall mean a sale to an ultimate the combined "annual gross sales" under consumer other than a commercial, insection 19 for those remaining in opera- dustrial or institutional user. tion. If the combined "annual gross (2) "Fish store" is a store at least 90% sales” are not $500,000 or more, you may of whose sales are sales of fish or seafood then determine your group for each store, to ultimate consumers other than comtreating each store as an "independent" mercial, industrial or institutional users. store.

(3) "Delivery" of an item covered by (3) If you find that any store is now this regulation shall be considered to in another group, you may refigure all have occurred when the item has been of your ceiling prices for that store be- received by you at your usual receiving fore the opening of business on any point. Thursday.

(4) "Usual receiving point” will be

either your retail store or your wareSec. 21. Tares. You may collect, in

house from which you supply your retail addition to your ceiling price, any tax

stores, depending upon where you norupon or incident to a sale at retail of

mally receive the particular item you are items covered by this regulation, if you

pricing under this regulation. state the tax separately, and if the stat

(5) "Item” is each kind, size, and style ute or ordinance does not prohibit sellers

of dressing or preparation of fresh fish from stating and collecting the tax sep

and seafood listed in Table A, both doarately from the price.

mestic and imported, but shall not inSec. 22. Transfer of business and stock clude any frozen fish or frozen seafood. in trade. If, after January 26, 1944, you You must figure a separate ceiling price acquire in any way the business, assets, for each item you sell. and stock in trade of any seller at retail (6) “Process" shall mean any operasubject to this regulation, and you carry tion by a retailer prior to offering the on the business or continue to deal in the item for sale, whereby the form of the same type of food products in that same fish is changed to either drawn, dressed, store, your ceiling prices shall be the dressed and skinned, fillets, cuts or same as those of the former owner, as if steaks, or the form of seafood is changed no transfer had taken place. You must to headless, headless and veined, peeled, keep all the records needed to verify your or peeled and veined. ceiling prices. The former owner must (7) “Prepared to the customer's oreither preserve and make available to der" shall mean any customary operayou, or give you, all the records of his tion by a retailer, within the limitations transactions before you acquired the of his mechanical facilities, such as store, which you need to comply with the scaling, gutting, heading, slicing, or fil

cleaning, running the fins, trimming, record provisions of this regulation.

leting, after offering the item for sale. If the transfer changes the business

Where the customer requests whole fish from one group of retail stores to an

in the form in which it is offered, the other, your ceiling price's shall be those sale shall likewise be regarded as “prefor the group of retailer to which you pared to the customer's order.” belong under this regulation. .

(8) "Whole fish" shall mean any fish SEC. 23. Relation to other regulations. item round, drawn, dressed, and dressed The provisions of this Maximum Price and skinned, but shall not include fillets, Regulation No. 507, except as otherwise cuts and steaks. provided in this regulation, shall, on and (9) "Major styles of dressing" shall after January 27, 1944, supersede the mean round, drawn, dressed, dressed provisions of Maximum Price Regulation

and skinned, Allets, cuts and steaks. No. 439, and any other applicable price

(b) Unless the context otherwise reregulation or order issued by the OPA, except any order issued pursuant to Re

quires, the definitions in Maximum Price vised General Order No. 51, with respect Regulation No: 418, as amended, and in to sales by retail stores, retail route sell

section 302 of the Emergency Price Con

trol Act of 1942, as amended, shall apply ers and wagon retailers of any kind of fish or seafood for which ceiling prices

to the terms used herein.
are established by this regulation.

ARTICLE V-TABLES
SEC. 24. Geographical applicability. SEC. 26. Table of mark-ups for fresh
The provisions of this regulation shall fish and seafood (Table A).

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