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Thursday, January 19, 1950
CODIFICATION GUIDE Con.
Title 39
Pae Chapter I:
Part 127___________________ _ 324
Title 43
Chapter I:
Appendix Public land orders I
13 modified by PLO 631__
326
628 ______________________ 325
629 _
325
630- __________________ 326
631 ________________
326
reduce returns to producers below those determined herein through any subter fuge or device whatsoever.
STATEMENT OF BASES AND CONSIDERATIONS

a General. The foregoing determi nation establishes the level of prices to be paid by a processor-producer i. e., a producer who is also, directly or indir rectly, a processor of sugarcanehere inafter referred to as processor for sugarcane of the 1950 ciop purchased from other producers.. It prescribes the minimum requirements with respect to prices which must be met as one of the conditions for payment under the act.
In this statement, the foregoing determi nations, as well as determinations for prior crops, will be referred to as price determination, identified by the crop year for which effective.
b Requirements of the act. In de termining fair and reasonable prices, the act requires that public hearings be held and investigations made. Accordingly, on October 19 and 21, 1949, public hear ings were held in. Honolulu and Hilo, Territory of Hawaii, at which timé inter ested persons presented testimony with respect to fair and reasonable prices for the 1950 crop of sugarcane. In addition, investigations have been made of condi tions relating to the sugar industry in Hawaii. In determining fair and rea sonable prices, consideration has been given to testimony presented at the hearings and to information resulting from investigations.
c Background. Determinations of fair and reasonable prices for sugarcane in Hawaii were first issued for the 1937
crop and have been issued for each sub sequent crop through 1949. In each of these years, the determination has ap proved the prices payable in purchase agreements negotiated between proc essors and producers. During the period 1937 through 1948, the purchase agree ments between the parties have been modified from time to time, the result of which has been to increase slightly the share of total proceeds accruing to pro ducers. Because of the adverse finan cial conditions of five plantations, pro ducers delivering sugarcane to such plantations agreed to accept a reduction of 7.5 cents per one cent of the New York price of raw sugar in the price per ton of sugarcane for the 1949 crop. These agreements provided for the restoration of the original pricing factors within a stated period of time, or sooner if war-

FEDERAL REGISTER

311

ranted by improvement in the financial Chapter IX Production and Mar conditions of the plantations.
keting Administration Marketing About 90 percent of Hawaiian sugar Agreements and Orders, Depart cane is produced by processors with the ment of Agriculture balance being grown by a group of pro ducers known as adherent planters. P art 957I rish P otatoes G row n in C er
The status of adherent planters ranges tain D esignated C o u n t ie s in I daho and from small farmers to individuals who M alheur C ou n ty , O regon are primarily plantation employees de Findings and determinations a voting only a nominal amount of time to their farming operations. Included as Findings upon the basis of the hearing adherent planters is a group of home record. Pursuant to Public Act No. 10, steaders, some of whom are bona fide 73d Congress May 12,1933, as amended farmers who fulfill their obligations as and as reenacted and amended by the planters under the sugarcane purchase Agricultural Marketing Agreement Act of agreements, but a few are absentee land 1937, as amended 7 U. S. C. 601 et seq., lords who rely entirely on the plantation and the rules of practice and procedure for services in the production, cultiva governing proceedings to formulate mar tion, and harvesting of the crop under keting agreements and marketing orders 7 CFR 900.1 et seq.; 13 F. R. 8585, a special types of agreements.
d 1950 price determination. The public hearing was held at Pocatello, 1950 price determination provides that Idaho, on August 29-30, 1949, upon pro fair and reasonable prices for the 1950 posed amendments to Marketing Agree crop of sugarcane in Hawaii shall be not ment No. 98 and Marketing Order No. 57
less than those contained in purchase regulating the handling of Irish potatoes agreements heretofore entered into be grown in certain designated counties of Idaho and Malheur County, Oregon.
tween processors and producers.
As a result of a study of returns, costs, Upon the basis of evidence introduced profits, and related factors of the Ha at such hearing, and the record thereof, -v waiian sugar industry, it has been possi it is found that:
1 The terms and provisions of this ble to analyze in much more detail the prices payable for sugarcane in purchase order, as amended, prescribed, so far as agreements between processors and pro practicable, such different terms, appli ducers than had been possible in the cable to different production areas, as past. The study, conducted in 1949, cov are necessary in order to give due recog ered the operations of plantation farm nition to the difference in production and ing units and plantation mills for the marketing of such Irish potatoes;
2 This order, as amended, is limited 1945, 1946, 1947, and 1948 crops and the operations of a representative group of in its application to the smallest regional adherent planters for the 1948 crop. In production area that is practicable, con the analysis of prices payable for sugar sistently with carrying out the declared cane, consideration was given to the re policy of the act, and the issuance of sev lationships of costs, returns, and profits eral orders applicable to any subdivision of adherent planters and plantation of said production area specified herein mills, .the influence that the volume of would not effectively carry out the de sugarcane produced by adherent plant clared policy of the act;
3 This order, as amended, and all ers has upon the operation of plantation mills, anapprove prices contained in purchase the consumer i by approaching the agreements heretofore entered into be level of prices which it is declared in the tween processors and producers. This act to be the policy of Congress to es tablish by a gradual correction of the action is also in conformity with the rec current level of prices at as rapid a rate ommendations made by representatives as the Secretary deems to.be in the pub of both processors and producers at the lic interst and feasible in view of the public hearings.
current consumptive demand in domes Accordingly, I hereby find and con tic and foreign markets, and ii by clude that the foregoing price determi authorizing no action which has for its nation will effectuate the price provisions purpose the maintenance of prices to of the Sugar Act of 1948.
producers of such Irish potatoes, above the parity level, and iii by authorizing Sec. 403, 61 Stat. 932; 7 U. S. C. Sup. II, 1153.
the establishment and maintenance of Interpret or apply sec. 301, 61 Stat. 929; 7
such minimum standards of quality and U. S. C. Supp II., 1131
maturity, and such grading and inspec Issued this 13th day of January 1950. tion requirements as may be incidental thereto, as will tend to effectuate such seal
C harles P . B rannan , orderly marketing of such Irish potatoes Secretary of Agriculture.
as will be in the public interest;
F. R. Doc. 50-554; Filed, Jan. 18, 1950;
4 All handling of potatoes grown in 8:53 a. rn.
the production area and in the current