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FEDERAL
VOLUME 3

934

y
i/AHTEO

NUMBER 205

Washington, Thursday, October 20, 1938
Rules , Regulations , Orders TITLE 7AGRICULTURE
BUREAU OF ENTOM OLOGY AND
PLA N T QUARANTINE
B. E. P. Q. 481

A uthorizing the S hipm ent op F ruits and V egetables F rom H a w a ii to the M ainland S ubject to S terilization U nder S upervision Approved October 19, 1938; effective Novem ber 1, 1938

Extensive experiments have demon strated that holding -of fruits and vege tables at certain prescribed temperatures for certain periods will bill all stages of the Mediterranean fruitfly and the melon fly. Available data suggest that certain fruits and vegetables may be subjected to such treatment without affecting their palatability and marketability. Treat ment in Hawaii of fruits and vegetables at prescribed temperatures under super vision of inspectors of the Bureau of Entomology and Plant Quarantine and the handling of the treated products under supervision so as to prevent reinfestation will preclude the possible in troduction of these pests into the main land and the following two treatments are prescribed:

designated for this purpose by the United States Department of Agriculture and under the supervision of the inspectors of the Bureau of Entomology and Plant Quarantine, provided that in the issuance of permits fruits and vegetables so treated shall be moved and handled by the treat ing plant and loaded on ships in a man ner which, in the judgment of the in
spectors, will preclude fruit-fly infesta tion subsequent to treatment.
In authorizing the entry of fruits and vegetables into the mainland of the United States under the provisions of this circular, it should be emphasized that inexactness and carelessness in applying the treatment may result in injury to fruits or vegetables or to their rejection.
The treatment required under the pro visions of this circular represents the requirements necessary for the elimina tion o f pest risk and no liability shall be attached to the United States Depart ment of Agriculture or to any officer or representative of that Department in event of injury resulting to fruit or vege table offered for entry under the provi sions of this circular. It should also be emphasized that evidence based on trial shipments under conditions of transportation from Hawaii is not avail able to demonstrate that fruits and vege tables will be marketable after the ap plication of the treatments here author ized, and that any fruits or vegetables treated and shipped under the provisions of this circular are at the risk of the shipper.

CONTENTS
RULES, REGULATIONS, ORDERS
T itle 7 A griculture :

Bureau of Entomology and Plant Quarantine:
Shipment of fruits and vege tables from Hawaii to mainland subject to ster ilization ______________-

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T itle 14 C iv il A viatio n :

Civil Aeronautics Authority:
Certificates of convenience and necessity, application for________________________

Temporarily exempting nonscheduled o p e r a t i o n s from certain provisions of Civil Aeronautics ActT itle 16 C ommercial P ractices:
Federal Trade Commission:
Cease and desist orders:
Gallsto Co------------------- - Lee Sales Co------------------T itle 29 L abor:
Wage and Hour Division:
Terms defined, employee em ployed in bona fide exec utive, etc., retailing ca pacity, or in capacity of outside salesman-_______

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NOTICES

1. Cooling until the approximate cen Civil Aeronautics Authority:
ter of the fruit or vegetable reaches a Exemptions relative to certain air transportation service temperature of 35 F. and holding the fruit or vegetable so the inside tempera rendered by:
L ee A. S trong, Eastern Air Lines, In c--------ture does not exceed 35 F. for a period Chief.
of 15 days.
National Airlines, Inc----------2. Heating the fruit or vegetable until F. R. Doc. 38-3108; Filed, October 19,1938;
Federal Power Commission:
the approximate center reaches 110 F.
12:10p. m .
Arkansas-Louisiana Gas Co., and holding this temperature for a hearing postponed-,-------period of 8 hours.
Federal Trade Commission:
On the basis of evidence obtained and TITLE 14 C IV IL AV IA TIO N
Orders appointing examiners, under the authority contained in the etc., in matter of:
first proviso of regulation 2 of the rules C IV IL AERONAUTICS A U TH O R IT Y
American Clinical Laboratoand regulations supplemental to Quaran ries, Inc., et al------------tine 13, provision is hereby made for the Amendment No. 2 of Regulation 4 0 1 -B -l Columbia Refining Co__-----certification of fruits and vegetables for A pplication for C ertificates of Gimino, Steven V., and An movement from the Territory of Hawaii C onvenience and N ecessity thony V , trading as Elite into or through any State, Territory or Publishing Co___________
District of the United States when treat At a session of the Civil Aeronautics Continued on next page ments are applied in Hawaii at plants Authority held at its office in Washing2515

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