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FEDERAL REGISTER, Friday, August 11, 1944

9777

3 Beans set aside under this order pounds required to be set aside pursuant set aside pursuant to the provisions of may be sold to:
to the provisions of this order prior to this order.
i Any governmental agency in re July 1, 1943, may be sold and delivered 2
Upon application, the Director sponse to announcements or notices by to a country shipper if such country may release any person from the classi such agencies that offers for beans will shipper certifies to the seller and such fication of a country shipper if the be received;
certification shall be deemed to be a rep person seeking removal from such classi ii An authorized purchaser who resentation to an agency of the United fication shows to the satisfaction of the furnishes a certificate in accordance with States th at he will set aside and hold Director i th at his total deliveries of c hereof; or such beans, or a quantity of beans equiv beans during each of the two calendar iii Any country shipper who acquires alent thereto, for delivery to a govern months next preceding the date-of his such beans for the express purpose of mental agency in addition to the quan application, exclusive of his deliveries resale and delivery to an authorized pur tity of beans he is otherwise required to to any country shipper, have not ex chaser or governmental agency, and who set aside under this order, as amended. ceeded 20,000 pounds; ii th at he is cur furnishes a certificate in accordance with Beans set aside prior to July 1, 1943, in rently in compliance with the provisions c hereof.
quantities in excess of a carlot 80,000 of the order; iii that he has delivered 4 Nothing in this order shall be ap pounds may be sold and delivered in ac-. or contracted to deliver to governmental plicable to beans sold and delivered ex cordance with the provisions of para agencies or authorized purchasers all of clusively for use as seed, in compliance graphs b 3 and c of this order, as the beans required to be set aside except with State and Federal seed laws, or ex amended.
a quantity of less than a carlot; and iv clusively for use as feed for poultry or f Records and reports. 1 The Di that he does not intend to operate as a livestock, provided the purchaser of such rector shall be entitled to obtain such country shipper.
beans furnishes a certificate in accord information from and require such re k Communications. All reports re ance with c hereof.
ports and the keeping of such records by, quired to be filed hereunder and all com c Certificates required. Every au any person, as may be necessary or ap munications concerning this order shall thorized purchaser or country shipper propriate, in his discretion, to the en be addressed to the Order Administrator, who purchases or accepts delivery of forcement or administration of the pro War Food Order No. 45, Grain Products beans which have been set aside under visions of this order.
Branch, Office of Distribution, War Food 2
Every person subject to this order Administration, Washington 25, D. C.
this order, and every person who purr chases or accepts delivery of any beans shall, for at least two years or for such Ref.: WFO 45.
for use as seed or as feed for poultry or period of time as the Director may desig l Delegation of authority. The ad livestock, shall furnish to the seller a nate , maintain an accurate record of his ministration of this order and the powers certificate in the form attached hereto transactions in beans.
vested in the War Food Administrator, g Audits and inspections. The Di insofar as such powers relate to the ad as Exhibit A. A separate certificate shall be furnished for each delivery. rector shall be entitled to make such ministration of this order, are hereby Each certificate shall be signed by the audit or inspection of the books, records, delegated to the Director, and may be buyer or his authorized representative and other writings, premises, or stocks redelegated by him to any employee of and shall constitute a representation to of beans of any person, and to make such the United States Department of Agri the War Food Administrator. One copy investigations as may be necessary or ap culture.
of the certificate shall be delivered to the propriate, in his discretion, to the en m Release of set aside peas and split country shipper and one copy retained forcement or administration of the pro peas. Peas and split peas, set aside by the purchaser. All certificates shall visions of this order.
pursuant to the provisions of War Food h Petition for relief from hardship. Order No. 45, as amended, are hereby be retained by the country shipper, for Any person affected by this order who at least two years, for inspection by and released and may be disposed of without delivery to the Director upon request. considers th at compliance herewith regard to the restrictions of this order No country shipper shall be entitled to would work an exceptional or unreason in effect prior to the effective date of this rely upon any such certificate if he knows able hardship upon him may file a peti amendment.
or has reasonable cause to believe it to tion for relief with the Order Adminis n Territorial scope. T h i s o r d e r trator. Petitions shall be in writing and shall apply within the 48 States and the be false.
m r c o n t r a c t s. The restrictions shall set forth all pertinent facts and District of Columbia.
_ hereof shall be observed without regard the nature of the relief sought. The o Effective date. This amendment Order Administrator may take any action to the rights of creditors, prior contracts, shall become effective a t. 12:01 a. m., existing contracts, payments made, or with reference to such petition which e. w. t., August 10, 1944. With respect deliveries of beans made prior to the ef is consistent with the authority delegated to violations, rights accrued, liabilities fective date hereof. This order shall to him by the Director. If the petitioner incurred, or appeals taken under War not, however, be construed as reducing is dissatisfied with the action taken by Food Order No. 45, as amended, prior to the amount of bean-s which any person the Order Administrator, he may, by is required to set aside or deliver or to request addressed to the Order Adminis said date, all provisions of said War Food hve set aside and held for delivery to trator, obtain a review of such action Order No. 45, as amended, in effect prior governmental agencies under the provi by the Director. After said review, the hereto shall be deemed to remain in full sions of this order prior to the effective Director may take such action as he force for the purpose of sustaining any date of this amendment or any existing deems appropriate, which action shall be proper suit, action, or other proceeding contract made with a governmental final.
with respect to any such violation, right, i Violations. Any person who vio liability, or appeal.
agency, but any quantity of beans de livered after the effective date of this lates any provision of this order may, in N o t e : All reporting and record-keeping re order to any governmental agency or accordance with the applicable proce quirements of this order have been approved dure, be prohibited from receiving, mak authorized purchaser, except beans re by, and all subsequent reporting and record quired to be set aside pursuant to the ing any deliveries of, or using beans. keeping requirements of this order will be provisions of this order prior to the ef Any person who wilfully violates any subject to the approval of, the Bureau of the fective date of this amendment for de provision of this order is guilty of a crime Budget in accordance with the Federal Re livery to governmental agencies, shall be and may be prosecuted under any and ports Act of 1942.
allowed as a credit to such person in all applicable laws. Civil action may E.O. 9280, 7 F.R. 10179; E.O. 9322, 8
determining the quantity of beans re also be instituted to enforce any liability F R . 3807; E.O. 9334, 8 F.R. 5423; E.O.
quired to be set aside and held for de or duty created by, or to enjoin any vio 9392, 8 F.R. 14783
livery to governmental agencies pursu lation of, any provision of this order.
Issued this 9th day of August 1944.
ant to the provisions hereof.
j Releases. 1 The Director may, e Prior restrictions modified. Beans notwithstanding any of the provisions A shley S ellers , Assistant War Food Administrator.
in quantities less than a carlot 80,000 hereof, release any or all of the beans