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FEDERAL REGISTER, Saturday, August 7, 1943

10969

Room 210, Mayer Building, Portland, ate in the public interest and to promote ing the area 8 F.R. 9315 in which the Oregon, the Federal-State shipping the national defense:
peaches, subject to the restrictions point inspection certificate with respect hereof, are located. Petition for such 1405.18 Restrictions relative to the to each shipment of peaches by such relief shall be in writing, and shall set shipment of peaches a Definitions. person, which certificate shall set forth forth all pertinent facts and the nature When used in this order, unless other such information as may be required by of the relief sought. I f such person is wise distinctly expressed or manifestly the Director with respect to the variety, dissatisfied with the action taken on the incompatible with the intent hereof:
grade, or size of the peaches contained petition by the Regional Director, he 1 The term peaches means fresh in such lot or shipment.
may, by requesting the Regional Direc Elberta peaches, including any and all 6
The restrictions hereof shall be tor therefor, secure a review of such ac strains of the Elberta variety of peaches, observed by each person affected by this tion by the Director. The Director may, grown in the State of Oregon or in the order without regard to the rights of after such review, take such action as he State of Washington.
creditors, existing contracts, or pay deems appropriate, and such action shall 2 The term person means any in ments made.
be final.
dividual, partnership, association, busi c Audits and inspections. The Di f Violations. The W ar Pood Ad ness trust, corporation, or any organized rector shall be entitled to make such ministrator may, by suspension order, group of persons, whether incorporated audit or inspection of the books, records prohibit any person who violates any or not.
and other writings, premises, or stocks provision of this order from receiving, 3 The term ship means to convey of peaches of any person, and to make making any deliveries of, or using free peaches or to cause such peaches to be such investigations, as may be necessary stone peaches, or any other material sub conveyed by railroad, truck, boat, or any or appropriate, in his discretion, to the ject to priority or allocation control by other means whatsoever, from a point enforcement or administration of the the War Food Administrator, and may within Oregon and Washington to a provisions of this order.
recommend that any such person be pro point without Oregon and Washington.
d Records and reports. 1 The Di hibited from receiving, making any de The conveyance dr transportation of rector shall be entitled to obtain such liveries of, or using materials subject to peaches from Oregon to Washington, or information from and require such re the priority or allocation control of other vice versa, is not within the meaning of ports and the keeping of such records governmental agencies.- In addition, the term ship.
by, any person, as may be necessary or any person who wilfully violates any pro 4 The term Director means the appropriate, in his discretion, to the en vision of this order is guilty of a crime Director of Food Distribution, War Food forcement or administration of the pro and may be prosecuted under any and Administration.
all applicable laws. Further, civil ac b Restrictions. 1 No p e r s o n visions of this order.
2 Every person subject to this order tion may be instituted to enforce any other than a carrier of peaches for an shall, for at least two years or for such liability or duty created by, or to enjoin other person may, during any calendar period of time as the Director may des any violation of, any provision of this year, except pursuant to b 2, b 3, ignate , maintain an accurate record of order.
or partment of Agriculture any or all of any shipment hereafter by any such per e Petition for relief from hardship.
the authority vested in him by this son will be in violation of the provisions Any person affected by this order, who order.
hereof, except such shipment as may be considers that compliance h e r e w i t h h Communications. All reports re made pursuant to b 2, b 3, or would work an exceptional and unrea quired to be filed hereunder and all com f hereof.
sonable hardship on him, may file a pe munications concerning this order shall, 2
The Director may authorize any unless instructions to the contrary are tition for relief with the Regional Di person to ship a particular lot of peaches issued by the Director, be addressed to rector, War Food Administration, serv if i the peaehes are not suitable for the Food Distribution Administration, ing the area 8 F.R. 9315 in which the canning or freezing; ii canning or War Food Administration, P. O. Box 230, peaches, subject to the restrictions freezing facilities are not accessible; or Sacramento 1, California. Ref. FD-73.
hereof, are located. Petition for such iii for any other reason which the i Effective date. This order shall relief shall be in writing, and shall set Director determines is necessary in order become effective at 12:01 a. m., e. w. t., forth all pertinent facts and the nature to effectuate the purposes of this order.
August 7,1943.
of the relief sought. I f such person is 3 The Director may, if he determines dissatisfied with the action taken on the E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 F.R.
that such will tend to effectuate the pur petition by the Regional Director, he 3807; E.O. 9334, 8 F.R. 5423
poses of this order, issue general author may, by requesting the Regional Director izations, from time to time, authorizing Issued this 6th day of August 1943.
therefor, secure a review of such action the shipment of certain grades or sizes by the Director. The Director may, after M a r v in J o n e s , of peaches produced in a designated such review, take such action as he War Food Administrator.
area, and the quantity or quantities deems appropriate, and such action shall thereof which may be shipped.
P. R. Doc. 43-12795; Piled, August 6, 1943;
be final.
4 The Director may, i f he determines 11:37 a. m.
f Violations. The War Food Admin that such will tend to effectuate the pur istrator may, by suspension order, pro poses of this order, prescribe the mini hibit any person who violates any pro mum grade of all peaches which may be FDO 74
vision of this order from receiving, mak shipped.
P art 1405 F r u it s a n d V egetables 5 Each person, prior to making each ing any deliveries of, or using peaches, or any other material subject to priority or shipment o f peaches, shall, when the Di ELBERTA PEACHES GROWN IN OREGON OR
allocation control by the War Food Ad rector so prescribes and announces, WASHINGTON
ministrator, and may recommend that cause each such shipment to be in any such person be prohibited from re The fulfillment of requirements for the spected by a duly authorized representa ceiving, making any deliveries of, or defense of the United States will result tive of the Federal-State inspection ser using materials subject to the priority in a shortage in the supply of peaches vice; and each such shipper shall sub or allocation control of other govern produced in the States of Oregon and mit promptly, or cause to be submitted mental agencies. In addition, any per Washington, for defense, for private ac son who wilfully violates any provision of promptly, to the Food Distribution Ad count, and for export; and the following this order is guilty of a crime and may be ministration, War Food Administration, order is deemed necessary and appropri