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FEDERAL REGISTER, Thursday, February 24, 1944
cordance with law, is supported by the evidence adduced at the hearing and, taking into consideration the same fac tors as are required to be considered by the Industry Committee, will carry out the purposes of section 8 of the Act; and Whereas the Administrator has set forth his decision in an opinion entitled Findings and Opinion of the Adminis trator in the Matter of the Recommen dation of Industry Committee No, 61
for a Minimum Wage rate in the Meat, Poultry, and Dairy Products Industry, dated this day, a copy of which may be had upon request addressed to the Wage and Hour Division, United States Depart ment of Labor, 165 West 46th Street, New York 19, New York;
Now, therefore, It is ordered, That:
Sec.
. 644.1 Approval of recommendation of In dustry Committee No. 61.
644.2 Wage rate.
644.3 Posting of notices.
644:4 Definition of the Meat, Poultry, and Dairy Products Industry.
644.5 Scope of the definition.
644.6 Effective date.
Authority: 644.1 to 644.6, inclusive, is sued under sec. 8, 52 Stat. 1060, 1064; 29
U.S.C., sec. 208.

644.1 Approval of recommendation of Industry Committee No. 61. The Committees recommendation is hereby approved.
644.2 Wage rate. Wages as a rate of not less than 40 cents an hour shall be paid under section 6 of the Fair Labor Standards Act of 1938 by every employer to each of his employees in the Meat, Poultry, and Dairy Products Industry who is engaged in commerce or in the production of goods for commerce.
644.3 Posting of notices. Every em ployer employing any employees so_.engaged in commerce or in the production of goods for commerce in the Meat, Poul try, and Dairy Products Industry shall post and keep posted in a conspicuous place in each department of his estab lishment where such employees are work ing such notices of this order as shall foe.prescribed from time to time by the Wage and Hour Division of the United States Department of Labor.
i 644.4 Definition of the Meat, Poul try, and Dairy Products Industry. The Meat, Poultry, and Dairy Products In
dustry, to which this order shall apply, is hereby defined as follows:

dustries as defined In Administrative Orders Nos. 182 and 193 respectively.

2115

Whereas after notice duly published
in the F ederal R egister on October 5,
1943, Donald M. Murtha, the Presiding Officer designated by the Administrator, held a public hearing upon the Commit tees recommendation at New York, New York, on October 28, 1943, at which all Interested persons, were given an oppor tunity to be heard; and Whereas the complete record of the proceeding before the Presiding Officer has been transmitted to the Adminis trator; and Whereas the Administrator, upon re -
viewing all the evidence adduced in this proceeding and giving consideration to the provisions of the act, with special reference to sections 5 and 8, has con cluded th at the Industry Committees recommendation for the Bakery, Bev erage, and Miscellaneous Food Indus tries, as defined by Administrative Order No. 213, is made in accordance with law, is supported by the evidence adduced at the hearing, anc taking into considera tion the same factors as are required to be considered by the Committee, will carry out the purposes of the Act; and Whereas the Administrator has set forth his decision in an opinion entitled Findings and Opinion of the Adminis trator in the M atter of the Recommenda tion of Industry Committee No. 65 for a Minimum Wage Rate in the Bakery, Beverage, and Miscellaneous Food In
dustries, dated this day, a copy of which L. Metcalfe W alling, may be had upon request addressed to Administrator.
Wage and Hour Division, United IF. R. Doc. 44-2598; Filed, February 23, 19;y States Department of Labor, 165 West 9:19 a. m.
46th Street, New York 19, New York.
Now, therefore, it is ordered, That:
Sec.
P art 648 M inim um W age R ate in the 644.5 Scope of the definition. The definition of the Meat, Poultry, and Dairy Products Industry covers all occupations in the industry which are necessary to the production of the articles or the ope rations specified therein including cleri cal, maintenance, shipping and selling occupations: Provided, however, The defi nition does not cover such clerical, main tenance, shipping and selling occupa tions a when carried on in an establish ment or department exclusively engaged in wholesaling or selling, the greater part of the sales of which establishment or department are sales of products which are not included in this industry; and b when carried on exclusively in con nection with the sale of articles not in cluded in this industry: And provided further, That where an employee covered by this definition is employed during the same workweek at two or more different minimum rates of pay, he shall be paid the highest of such rates for such work week, unless records concerning his em ployment are kept by his employer in accordance with applicable regulations of the Wage and Hour Division.
644.6 Effective date. This wage or der shall become effective March 20,1944.
Signed at New York, New York, this 11th day of February 1944.

B akery, B everage, and M iscellaneous F ood I ndustries RECOMMENDATIONOF IN D U STR Y COMMITTEE
NO. 65

648.1 Approval of recommendation of In dustry Committee No. 65.
648.2 Wage rate.
648.3 Posting of notices.
648.4 Definition of the Bakery, Beverage, and Miscellaneous Food Industries.
648.5 Scope of the definition.
648 j6 Effective date.
A uthority : ? 648.1 to 648.6, inclusive, is sued under sec. 8, 52, Stat. 1064; 29 U.S.C., sec. 208.

Whereas on August 21, 1943, pursuant to section 5 b of the Fair Labor Stand ards Act of 1938, hereinafter referred to as the Act, the Administrator of the Wage and Hour Division of the United States Department of Labor, by Admin 648.1 Approval of Recommendation istrative Order No. 213, appointed In of Industry Committee No. 65. The dustry Committee No. 65 for the Bakery, Committees recommendation is hereby Beverage, and Miscellaneous Food In approved.
dustries, herein called the Committee, 648.2 Wage rate. Wages at a rate and directed the Committee to recom of not less than 40 cents per hour shall mend minimum wage rate? for the Bak be paid under section 6 of the Act by ery, Beverage, and Miscellaneous Food every employer to each of his employees Industries in accordance with section 8 who is engaged in commerce or in the of the Act; and The assembling, processing, and marketing production of goods for commerce in the Whereas the Committee included five Bakery, Beverage, and Miscellaneous of meat animals and meat animal products, disinterested persons representing the Food Industries.
poultry and poultry products, and dairy prod ucts.
public, a like number of persons repre 648.3 Posting of notices. Every em a. It includes, but without limitation, any senting employers in the Bakery, Bev product or by-product obtained from live erage, and Miscellaneous Food Indus ployer employing any employees so en stock, poultry, wild fowl and game includ tries, and a like number of persons rep gaged in commerce or in the production ing meats, milk, and eggs and any other of goods for commerce in the Bakery, product which is derived from any other resenting employees In the Industry; and each group was appointed with due re Beverage, and Miscellaneous Food In .form of animal life such as fish, reptiles, and gard to the geographical regions in dustries shall post and keep posted in frogs, and which is assembled, processed or which the Bakery, Beverage, and Mis a conspicuous place in each department marketed for animal or human consumption.
b. Provided, however, That the definition cellaneous Food Industries are carried of his establishment where such em .shall n ot include:
on; and ployees are working such notices of this 1 Storing performed by an independent Whereas on September 16, 1943, the order as shall be prescribed from time warehouse..
. .
Committee, after investigating economic to time by the Wage and Hour Division 2 Any product included in the Leather and competitive conditions in the Indus of the United States Department of La Industry; Drug, Medicine, and Toilet Prepa try, filed with the Administrator a report bor; and rations Industry as defined in the wage containing its recommendation for a 40orders for these industries; or in the Canned 648.4 Definition of the Bakery, BevFruits and Vegetables and Related Products cent minimum hourly wage rate in the Industry; ahd the Chemical, Petroleum and Bakery, Beverage, and Miscellaneous erage, and Miscellaneous Food IndusCoal Products; and Allied Manufacturing In- > rood Industries and ?
mm Wes. For the purpose of this order the