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DERAL
VOLUME 2

REGISTER
1934

OA íjt EO

NUMBER 78

Washington, Friday, A p ril 23, 1937
DEPARTMENT OF AGRICULTURE.
Agricultural Adjustment Administration.
O rder R e g u l a t in g t h e H a n d l in g o f O n i o n s G r o w n i n t h e S tate o f U t a h
Whereas, it is provided in Section 8c of the Agricultural Adjustment Act, approved May 12, 1933, as amended here inafter called the a ct, as follows:
1 The Secretary of Agriculture shall, subject to the provisions of this section, Issue, and from time to time amend, orders ap plicable to processors, associations of producers, and others en gaged in the handling of any agricultural commodity or product thereof specified in subsection 2 of this section. Such persons are referred to in this title as handlers. Such orders shall regulate, in the manner hereinafter in this section provided, only such h a n d li n g of such agricultural commodity, or product thereof, as is in the current of interstate or foreign commerce, or which directly burdens, obstructs, or affects, interstate or foreign com merce in such commodity or product thereof;

and Whereas, the Secretary of Agriculture, having reason to believe that the issuance of an order would tend to effectu ate the applicable provisions of the declared policy of the act with respect to onions grown in the State of Utah, by establishing and maintaining such marketing conditions for said onions as would reestablish prices to farmers at a level that will give such onions a purchasing power with respect to articles that farmers buy, equivalent to the purchasing power of such onions in the base period, gave notice on the 5th day of November 1936,1 pursuant to the applicable pro visions of the act and the regulations thereunder, of a hear ing to be held in Salt Lake City, Utah, on November 14, 1936, on a proposed order regulating the handling of said onions, and upon said date and at said place conducted a pvfblic hearing thereon, giving due opportunity to all interested parties to be heard concerning said proposed order; and Whereas, the Secretary of Agriculture has found and pro claimed that the purchasing power of onions grown in the State of Utah during the base period August 1909-July 1914
cannot be satisfactorily determined from available statistics of the Department of Agriculture, but that the purchasing power of such onions can be satisfactorily determined from available statistics o f the Department of Agriculture for the period August 1919-November 1928; and Whereas, the Secretary of Agriculture finds upon the evi dence introduced at said hearing and the record thereof:
1.
That customarily more than ninety percent 90%
of all carlot shipments o f onions grown in Utah enter into the current of interstate and foreign commerce, and that the handling of said onions is in the current of interstate and foreign commerce and directly burdens, obstructs, and affects interstate and foreign commerce in the said com modity;
11 P. E. 2031.
1 F. R. 2422.

2. That for the period August 1929-July 1936 and the period August 1933-July 1936 the average price to farmers for said onions has represented sixty-four percent 64%
and seventy-three and three-tenths percent 73.3%, re spectively, of the purchasing power of such onions during the aforesaid base period;
3. That, on the basis of conditions prevailing at the time of the said hearing, in order to give such onions in the 1936-1937 season a purchasing power with respect to articles that farmers buy equivalent to the average pur chasing power of such onions in the aforesaid base period, it would have been necessary that the average price to farmers fo r said onions be approximately one dollar and thirty-two cents $1.32 per one hundred 100 pounds;
4. That this order is limited in its application to the smallest regional production area that is practicable and consistent to carry out the applicable provisions of the declared policy of title I of the act with respect to estab lishing and maintaining such marketing conditions for onions grown in the State of Utah as will reestablish prices to growers that will give such onions a purchasing power with respect to articles that farmers buy equivalent to the purchasing power of such onions in the base period, and that the issuance of several orders applicable to any sub division of the regional area covered by this order would not effectively carry out the said declared policy;
5. That there are no differences in the production and marketing of the principal varieties of said onions in the production area covered by this order that renders neces sary different terms applicable to different parts of such area:
6. That the interest of the consumer is protected by rea son of the fact that this order is designed to operate so as to bring about that approach to the level of prices which is declared to be the policy of Congress to establish by securing a gradual correction of the current level of prices at as rapid a rate as the Secretary of Agriculture deems to be in the public interest and feasible in view of the current consumptive demand in the domestic and fo r eign markets, and by reason of the fact that this order authorizes no action which has for its purpose the mainte nance of prices to farmers above the level of prices which it is declared to be the policy of Congress to establish in subsection 1 of section 2 of said title 1;
7. That l im it i n g the quantity of certain grades and sizes of such onions that may be shipped in the current of interstate or foreign commerce, as provided herein, will tend to restore prices to producers of onions in the State of Utah to a level having a purchasing power with re spect to articles that producers buy equivalent to the purchasing power of said onions in the aforesaid base period;
8. That this order and all the terms and conditions thereof will tend to effectuate the applicable provisions of the declared policy of title I of the act with respect 873