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FEDERAL REGISTER,
Wednesday, June 9, 1943

commerce, or so as directly to burden, as he deems appropriate, which action obstruct, or affect such commerce.
shall be final.
4 The jterm U. S. Standards for f Violations. The War Food Ad Plums and Prunes means the . S.
ministrator may, by suspension order, Standards for Plums and Prunes Fresh prohibit any person Who violates any issued by the United States Department provision of this order from receiving, of Agriculture, effective June 3, 1937.
making any deliveries of, or using plums, 5 The term Director means the or any other material subject to priority Director of Food Distribution, War Food or allocation control by the War Food Administration, of. any employee of the Administrator,, and may recommend United States Department o f Agriculture that any such person be prohibited from designated by such director.
receiving, making any deliveries of, or b Restrictions. 1 No person may, using materials subject to the priority after the effective date of this order, or allocation control of other govern ship any container or package contain mental agencies. In addition, any per ing plums in fresh form which do not son who wilfully violates any provision meet the requirements of U. S. No. 2
of this order is guilty of a crime and may Grade, as specified in the U. S. Stand be prosecuted under any and all appli ards for Plums and Prunes: Provided, cable laws. Further, civil action may be That not more than a total of 10 percent instituted to enforce any liability or duty of the plums in any package or container created by, or to enjoin any violation of, any provision of this order.
may fail to meet the requirements of the U. S. No. 2 Grade, aSspecified in the U. S.
g Delegation of authority. The ad Standards for Plums and Prunes, but not ministration of this order and the pow ers vested in the War Food Administra more than one half of this amount of tor, insofar as such powers relate to the five percent of the plums in any package administration of this order, are hereby or container may be seriously damaged delegated to the Director.
by worms, sunscald, or heat, and of said h Communications. All reports, ex five percent not more than one percent cept pursuant to b 2 hereof, required of the plums in any package or container to be filed hereunder and all communi may show decay.
2 Each person shall, prior to making cations concerning this order shall, un less instructions to the contrary are is each shipment of plums, have, the plums sued by the War Food Administrator, be included in each such shipment in addressed to the Director of Food Dis spected by a duly authorized representa tive of the Federal-State inspection serv- . tribution, United States Department of Agriculture, Washington, D. C. Ref.
ice; and each such shipper shall submit FD-55.
promptly or cause to be submitted i Effective date. This order shall be promptly to the Branch Office, War Food come effective at 12:01 a. m., e. w. t., Administration, 331 Federal Building, June 9, 1943.
P. O. Box 230, Sacraménto, California, the Federal-State shipping point inspec E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 F.R.
tion certificate,, with respect to each 3807; E.O. 9334, 8 F.R. 5423
shipment of plums by such person, stat Issued this 7th day of June 1943.
ing i the grade of the plums, contained in such lot or shipment, or ii that the J esse W . T a p p , Acting War Food Administrator.
plums, in such lot or shipment, meet the requirements set forth in this order.
F. R. Doc. 43-9313; Filed, June 8, 1943;
This reporting requirement has been 11:51 a. m.
approved by the Bureau of the Budget in accordance with the Federal Reports Act FDO 30, Arndt. 1
of 1942.
P art 1400
D eh yd r a te d F r u it , c Audits and inspections. The Di V egetables , and S o u p s rector shall be entitled to make such audit or inspection of the books, rec CONSERVATION AND DISTRIBUTION OF
ords and other writings, premises or DEHYDRATED VEGETABLES
stocks of plums of any person, and to Food Distribution Order No. 30 8 F.R.
make such investigations, as may be 3385, 1406.1, issued under authority necessary or appropriate, in his discre of the Secretary of Agriculture on tion, to the enforcement or administra March 19, 1943, is amended by deleting tion of the provisions o f this order.
the provisions of 1406.1 thereof and in d Records and reports. The Di serting, in lieu thereof, the following:
rector shall be entitled to obtain such in formation from, and require such re 1406.1 Dehydrated vegetables a ports and the keeping of such records Definitions. When used in the order, by, any person, as may be necessary or unless otherwise distinctly expressed or appropriate, in his discretion, to the manifestly incompatible with the intent thereof:
enforcement or administration of the 1 The term dehydrated vegetables provisions of this order, subject to the means Irish potatoes, sweetpotatoes, approval of the Bureau of the Budget, pursuant to the Federal Reports Act of cabbage, carrots, beets, onions, and rutabagas and such other vegetables as 1842.
the Director may from time to tipie des e Petition for relief from hardship.
ignate that have been dried by arti Any person affected by this order who ficially produced heat under controlled considers that compliance herewith conditions of humidity, temperature, would work an exceptional and unrea and air flow or that have been dried sonable hardship on him may apply in under reduced pressure vacuum
writing for relief to the Director, setting where the factors of humidity and air fcrth in such petition all pertinent facts flow are not controlled.
and the nature of the relief sought. The 2 The term processor means any Director may thereupon take such action person who i produces dehydrated
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vegetables for sale as such, or ii pro duces dehydrated vegetables for sale as a part of any food product.
3 The term government agency or government agencies means i the Army, Navy, Marine Corps, or Coast Guard of the United States post ex changes, service mens clubs, ship serv ice stores, sales commissaries, and sim ilar organizations shall not be deemed part of the Army, Navy, Marine Corps, or Coast Guard of the United States, including any person who is feeding, pursuant to a written contract with an agency of the United States, personnel of the Army, Navy, Marine Corps, or Coast -Guard of the United States, fed under the command of a commissioned or non-commissioned officer or other au thorized representative of the said Army, Navy, Marine Corps, or Coast Guard, and who is specifically authorized by the said Army, Navy, Marine Corps, or Coast Guard to purchase dehydrated vege tables, set aside by this order, to the extent necessary to feed such personnel of the Army, Navy, Marine Corps, or Coast Guard; ii the Food Distribution Administration including but not re stricted to the Federal Surplus Com modities Corporation; iii the W ar Shipping Administration; iv the Vet erans Administration; and v any other instrumentality or agency designated by the W ar Food Administrator.
4 The term Director means the Director of Food Distribution, War Food Administration, or any employee of the United States Department of Agriculture designated by such Director.
5 The term person means any in dividual, partnership, corporation, asso ciation, or other business entity.
b Restrictions on processors. W ith out regard to existing contracts, every processor shall set aside for sale and de livery to government agencies i 100
percent of all dehydrated vegetables owned, controlled, or in his possession on the effective date hereof; ii 100 percent of all dehydrated Irish potatoes, cab bage, beets, onions, and rutabagas processed subsequent to the effective date hereof; and iii no percent of all dehydrated carrots and sweet potatoes processed subsequent to the effective date hereof. The Director shall have the right to change the above percentages at any time, and to fix percentages and change them from time to time on such other dehydrated vegetables as he may designate, pursuant to the authority con tained in paragraph a 1. All dehy drated vegetables produced on or sub sequent to the effective date hereof which are to be set aside for sale and de livery to government agencies shall, when the Director so determines, be processed, packaged, labeled, and cased in accordance with such directions as he may issue. Quantities of dehydrated vegetables set aside may be released at any time by notice to that effect from the Director.
c Exceptions. 1 The restrictions of paragraph b hereof shall not apply to contracts now existing or hereafter made between processors and govern ment agencies. In the event of any con flict between the specifications of a con tract entered into between a processor and a government agency and directions